Chapter VIII: Part 8

(I, Fernando Riquel, [112] notary-in-chief of the royal armada which came forth to discover the Islands of the West, and to govern them for his majesty the king Don Felipe, our sovereign, certify and truly testify to all who may see the present, or its duplicates authorized in public form, that while his excellency Miguel Lopez de Legazpi, governor and captain-general for his majesty of the above-mentioned royal armada, was located with the people thereof in this island and port of Çubu in the said Felipinas, there came to the said port a certain Portuguese armada, the chief commander of which, they said, was named Gonzalo Pereira. He, after arriving at this said port and remaining therein a few days, sent certain ordinances and documents to the said governor, to which the latter replied sending also other documents of his own; and the ordinances and documents of the said commander-in-chief, Gonzalo Pereira, remained in the hands of me, the above-mentioned Fernando Riquel; while the papers and documents which the said governor sent in response to the said captain-general, under his own signature, remained in the hands of the captain-general himself. The duplicates, signed and authorized by Pero Bernaldez, notary-public of the Portuguese fleet aforesaid, I, the above-mentioned Fernando Riquel, possess, and do insert and incorporate them one with another; and the copies thereof, one placed after another, constitute what now follows, arranged according to the order in which they were presented.)

As for the requisition and protest which I, Gonçallo Pereira, commander-in-chief of this fleet of the king, our sovereign, do make to the very illustrious Miguel Lopez de Leguazpi, captain-general of the fortress and settlement which he has recently established in this our island of Cebu: you, Pero Bernaldez, notary-public in this fleet, are directed to lay it before him, and with his reply--or, if he be unwilling to give one, without it--to return to me. You shall present to him the document and documents, which I must send him, to the effect that it is true that, coming from India in order to favor and increase the Christian communities in these islands, which had been persecuted by the unbelievers, I learned in Borneo that his grace had entered into this our charge and conquest, and established himself in this island of Cebu, and that he had entered by accident and not intentionally through his having encountered severe storms, and had reached land in this possession of ours. Wherefore I arrived on the sixth of October, one thousand five hundred and sixty-six, from Borneo, having come in quest of him to aid and assist him in his need, as was my duty as a Christian, and because of the close relationship and friendliness of our sovereigns which obliged me to do this, and nothing less, in order to fulfil on our part, the compact made between the emperor Don Carlos, whom may God preserve, and the royal sovereign Don Joham the Third, whom may God maintain in glory. As it turned out I did not see him, owing to the stress of weather which constrained me to go directly to Maluco--whence I sent Antonio Rombo Dacosta and Baltesar de Sousa in two _caracoas_ [113] to visit his grace, and ascertain from him what he needed from our fleet, offering him most willingly everything that it contained. From the fortress likewise, the same offers were made by Alvoro de Mendonca its commander; but his grace neither accepted nor besought anything from the fleet or from the fortress. And hearing from Antonio Rombo that there was great need of many things, through lack of which much hardship was suffered, I left Maluco again on the thirteenth of October one thousand five hundred and sixty-seven, in search of his grace, very well provided with everything necessary for his aid--no inconsiderable amount--at the cost of his highness and of his captains. And I failed again to see him, in spite of all my efforts, in consequence of setting out late, and having encountered a very violent monsoon. On the twenty-sixth of August, one thousand five hundred and sixty-eight I returned to Maluco, only to retrace for a third time my way. And our Lord was pleased to allow me to arrive at this our port where I encountered him in peaceful wise without any hostile manifestation whatsoever. And I did not take from and defend against him any vessels or supplies, a thing both easy and profitable for us to do; but, on the contrary, I favored his grace in every way, and gave him the title of governor. But--seeing that the fortress was being strengthened more and more each day upon the land; and that he was trying to enter into communication with the people about, and constraining them in some measure by force of arms to obedience in the payment of tribute to his majesty the king Don Felipe; and entering into agreements, in the name of his majesty, with the people near and far to the effect that they might sail safely all around the land and through the waters of this archipelago,--I am in considerable apprehension, for all this region belongs to the conquest and demarcation of the king our sovereign; and I cannot persuade myself that his grace comes here with the delegated authority and consent of the king Don Felipe, who is so closely connected and allied with the king our sovereign. Wherefore I request his grace, both one and many times, on the part of the very Catholic and Christian sovereigns, [114] to send me word as to the cause of his coming and his stay, and to show the commission which he brings; for if the consent of the sovereigns is in any wise therein contained, I wish to conform thereto, as I am very desirous to give help and favor in every way which will be of service to the said sovereigns--as, in letters, and in the interviews held, I have given his grace to understand thoroughly. And if his grace is not willing to do anything in this matter, and will not consent to come with all his camp and join this fleet, as I have also asked him to do, I summon him, on behalf of the very Catholic and Christian sovereigns, to depart from this land and archipelago of ours forthwith, with all his camp, fleet, and munitions of war, and leave it free and unembarrassed to the said lord thereof. And otherwise I protest that all the loss and damage which may ensue in this matter will fall upon his grace, and that he will be obliged to give account of them to God and to the sovereigns our lords. Given in this galley "San Francisco," in the port of Cebu, on the fourteenth of October one thousand five hundred and sixty-eight.

_Goncalo Pereira_.

(_Notification:_ On the fifteenth day of the said month of October of the year one thousand five hundred and sixty-eight, I, Pero Bernaldez, notary-public for the king our sovereign in this his fleet, went at the command of Goncalo Pereira, the captain-general thereof, to the camp of Çebu of which the very illustrious Miguel Lopez de Leguazpi is the commander; and I presented to him in his lodgings there, two hours, somewhat more or less, after noon on the said day, month, and year, and delivered to him, word for word, the demand and protest above mentioned, given to me by Afonso Alvarez Furtado, factor of the fleet, who was granted due authority for this business by the said commander-in-chief. At this delivery were present the said factor and Baltesar de Freitas, the notary of the fleet; Andres d'Ibarra, captain; Guido de Levazaris, his majesty's treasurer; Amador de Arrayaran, first ensign, and Graviel da Rabeira, head _aiguazil_, of the camp--all of whom signed here with me, Pero Bernaldez, notary, who writes these presents.

_Pero Bernaldez_, _Alfonso Alvarez Furtado_, _Baltesar de Freitas_.

And then the said Miguel Lopez, after the said demand had been read by me, said that he had heard it, and begged that a copy thereof might be given him, to which he would reply in due form; and, that there may be no doubt about the matter, Lopez says upon another line that it will be truly done. And I, Pero Bernaldez, who drew up this writing in the said day, month, and year, and at the said hour, do witness thereto, in company with the said witnesses already mentioned.

_Andres de Ybarra_, _Guido de Lavezaris_, _Amador de Arrayaran_, _Graviel de Ribera_.)

_Authorization:_ Guonçallo Pereira, commander-in-chief of these south-by-east regions: by my authorization power is granted to Alfonso Alvarez Furtado, factor of the king our sovereign in this his fleet, so that he may, for me, and in my name, present and require from his highness all the papers and documents which may serve the ends of justice, with all the powers which I myself should have in these affairs which I am carrying on with the very illustrious Miguel Lopez de Legazpi, general of the fleet and forces of Nova Spanha. Therefore, in certification of the above, I, Pero Bernaldez, notary-public of this fleet, signed this document on the galleon "San Francisco," in the port of Çebu, on the thirteenth day of the month of October, in the year of the birth of our Lord Jesus Christ one thousand five hundred and sixty-eight.

_Goncalo Pereira_, _Pedro Bernaldez_.

(_Reply:_ This is the copy of the answer which the very illustrious Miguel Lopez de Legazpi sent to Gonçalo Pereira, captain-general of the armada in the South Sea. I, Pero Bernaldez, notary-public of this fleet for the king our sovereign, copied the summons of the said Miguel Lopez de Legazpi.)

I, Miguel Lopez de Legazpi, governor and captain-general for his majesty the king Don Felipe, our sovereign, of his forces and the royal fleet, for the discovery of these islands of the West: inasmuch as certain demands, contained in a summons which Pero Bernaldez--notary-public, as he said, of his armada--read to me on behalf of the very illustrious Gonçalo Pereira, captain-general of the Portuguese armada, have been made upon me on the petition of Alonso Alvarez [Furtado], factor of the said armada (as in the said summons to which I refer, is set forth, at greater length); therefore replying to the said demand and to the things contained therein, I say that I came by command of his majesty the king Don Felipe, our sovereign, and with his royal fleet as the governor and general thereof, with the purpose of discovering the lands and islands of the West, which are and always were within his demarcation, in order to propagate and teach therein the gospel and the evangelical law, and to spread the Christian sway of our holy Catholic faith--the thing which, most of all, his majesty purposes in these parts. In the course of my expedition I arrived at these islands, where I was obliged to provide myself with certain supplies which I needed and which I did not have at hand; and in search of which I went about among the said islands for many days without being able to secure them, until by chance I arrived at this port of Cubu, where I was obliged to spend the winter. I sent from here the flagship, in which I came, to Nueva Spaña with a report of all that had happened during the expedition; and I wrote to his majesty saying that I would await here his answer and despatches in order to learn whither he commanded me to go. And it was because no despatch or answer came to me from his majesty that I stayed here so long, and not from any intention or desire to settle or remain in this land. As a matter of fact, in my instructions I am commanded not to make entry in the islands of Maluco, or to infringe the treaty made between the kings of Castilla and Portugal, our sovereigns. In a clause contained therein, moreover, I am ordered to come to these Felipinas islands and seek for certain people, lost here, who had belonged to the armada of Rui Lopez de Villalobos; and, in case I found them alive, to ransom them at his majesty's expense and deliver them out of their subjection to the infidels, in order to return them to their native lands and to the Christian faith in which they were born and reared. This I have successfully accomplished; of those who had come over in the said armada one was found in the island of Tandaya, and I ransomed him. And I have also received notice that two Spaniards were sold by the natives of the island aforesaid to the Indians of Burney, which piece of information has made me desirous of knowing their whereabouts and what was done with them, that I might bestow upon them the same benefit of ransom. By this it is clearly seen and inferred that his majesty is convinced and believes that the Filipinas islands are within his demarcation, for on the one hand he orders me to come to them, and on the other not to infringe the royal treaty of our kings and sovereigns. And in this faith and belief I came and have remained here in his royal name, and not with the intention of injuring the most Christian king of Portugal or harming any of his possessions, or in any way to transgress the said treaty. And even though the lands belong to his majesty, my will and intention has, up to the present time, not been to settle in them or in any others until I should have the authority of his majesty; and the assurances and letters of protection which have been given to the natives of this land were so given, to the end and purpose that the warriors and soldiers who go and come from one place to another in search of provisions should not be harmed or injured or robbed. In this, indeed--even though the lands do belong to his highness, as is set forth in the said summons--a service has been done him; for all was done with the intention of protecting and preserving the natives thereof. Moreover, just as soon as I arrived at these islands I endeavored to learn and ascertain if the Portuguese had come here, and if they had any intercourse and commerce with the natives; and if the said natives did them any service, or paid them tribute, or if the Portuguese derived any other advantage from them. And the said natives assured me that this was not the case, and that they neither knew them nor had ever seen them. This assurance emboldened me in thinking myself the more authorized to provide and supply myself from among them, without harm to anyone. As regards the tributes mentioned in the summons aforesaid, the fact is that on a few occasions no supplies were to be bought; and, in order not to make war upon the natives and do them any injury, or to take the supplies from them by force, we persuaded them to give us some provisions by means of which our people might be maintained. Some of them gave and have given, of their own free will, a certain amount of rice and other food, but nothing whatsoever through which his majesty has derived any profit--on the contrary, a large amount of gold has been paid out for the provisions aforesaid; and this, moreover, the natives gave, when, and in what manner, and in what quantity they themselves desired, without suffering any violence or receiving any reward. Everything which I have enumerated was to protect and defend the natives aforesaid, without doing them any harm or injury whatsoever. And as for what his grace says in the summons aforesaid about sending Antonio Runbo de Acosta and Baltesar de Soza to visit me, and how they came in the month of July of the past year to this camp, with letters from his grace and other captains entreating me to go to their fleet and fortress of Maluco with all my people, together with other offers, I would say that they were received in this camp with all peace and amity and good will, in accordance with the custom of the land. And through them personally I replied to his grace giving them the reasons for my coming and my stay in this land, which are those above-mentioned; and telling him that I was unable to accept the kindness which was proffered me in the fleet and fortress of Maluco, inasmuch as it would be contrary to the commands and orders which I bore from his majesty. And certain persons who came in company with Antonio Runbo, gave us to understand very differently from what had been written me in the letters, and stated and declared that the said captain-in-chief was on his way with all his fleet, with the intent of coming here and taking prisoners all the Castilians that they should encounter. The same purpose was indicated in a letter which Antonio Lopez de Segueira, captain of a galley, wrote at Point Coavite to the master-of-camp Mateus del Saz (may he rest in peace). Consequently, the horizontal rampart of this camp was constructed, in order to guard the munitions and the property of his majesty; for up to that time there had been no fort or protection therefor whatsoever, save only a palisade of palm-logs driven into the ground to keep the natives from doing damage at night--for concerning all the rest our minds were fully at peace, as was natural in the case of people who had no idea or intention of remaining in the land, but only of awaiting the message from his majesty and then going whither his majesty should command. And so I stated and declared to the said Antonio Ronbo that what I needed was ships to leave the land; and I intimated the same to his grace at our interviews, and begged him to give me two ships of his own, with which I might depart, on condition of my paying for them from his majesty's possessions here. And the same I say today, as the most expeditious means of departing hence and leaving the land in the hands of its rightful owner; and if I have the said ships I will do so now, in order to give satisfaction to his grace. Without them, we are absolutely obliged to await the ships which are to come from Nueva Spana in order that we may depart; and when they come I promise to fulfil and accomplish what I specify above, without any injury attaching to any one whomsoever from my stay in this island. And although the intention and offers of his grace seem favorable, pacific, and impelled by Christian feeling, the statements made public by the people of his fleet are very much in opposition thereto; for they say and declare that he comes only to take us prisoners, and that he has sent for reënforcements from many sources to carry this purpose into effect, and (which has the worst sound of all), that he is sending for reënforcements from among the Mahometan Moros and pagans, to fight against Christians and vassals of his majesty. This I do not believe, as the fleet of his grace is so large and powerful that he may do what he pleases, especially with people who desire to serve him and who will vindicate themselves in everything pertaining to the service of God and of the sovereigns our lords. And as regards the request he makes, in the said summons, to be shown what authority I have for entering these islands, I say, that I am ready and prepared to show it to him as often as he may desire to see it, as I have told him personally. And I likewise on my own part beg him, and if necessary even summon him, in the name of his majesty, once, twice, and thrice, and as many times as I am by law required: to show me if he have any order or command from the kings our lords in order that I may obey and fulfil it, as I am required to do; or if he has order and command from his highness to trouble and make war upon the vassals of his majesty who may be in these regions. Without that, I find no cause or adequate reason, nor can I believe that his grace desires, to do me violence or any injury, in transgression of the peace and amity and relationship which is so close and intimate between the kings our sovereigns; moreover, it would be a matter of very great displeasure to God our lord. And if, through unwillingness to do so, injuries and scandals should arise and increase on one side or the other, I declare that it will be the fault and blame of his grace, and that he will be obliged to give an account therefor to God and to our sovereigns and lords. And this is what I say and respond to the said summons, not consenting to the protests contained therein. And I sign it with my name, and request you, the present notary, to read and make known this my answer to the said captain-in-chief in person, and that the same be incorporated and inserted in the said summons; and that testimony thereof be given me, as well as the copies necessary, in due form. Done in Çubu, the fifteenth day of the month of October, of the year one thousand five hundred and sixty-eight.

_Miguel Lopez de Legaspi_.

_Notification:_ In the island and port of Cubu, in the galleon said to be called "San Francisco," I, Fernando Riquel, notary-in-chief, and government notary at the instance of Andres de Mirandaola, factor and inspector for his majesty, read this response and summons to the very illustrious Gonçalo Pereira, captain-general of the royal fleet of Portugal, in person, _de verbo ad verbum_ exactly in accordance with the tenor thereof. He said that he had heard it, and would reply. The said Andres de Mirandaola in virtue of his authority presented it, in the name of the very illustrious Miguel Lopez de Legazpi, governor and captain-general of the royal fleet for the discovery of the islands of the West, there being present, as witnesses to all above-mentioned, Alonso Alvarez Furtado, factor of the royal fleet of Portugal; Pedro Dacuna de Moguemes, captain-general of the sea of Maluco: Sancho de Vasconcellos, nobleman; Guoncallo de Sousa, nobleman of the household of his highness, the king of Portugal; Pero Bernaldez, notary public; and Christoval Ponze, scrivener, notary, all of whom signed it together with me, the said Fernando Riquel.

_Andres de Mirandaola_, _Pero Dacunha de Moguemes_, _Sancho de Vasconcellos_, _Afonso Alvarez Furtado_, _Guoncallo de Sousa_, _Pero Bernaldez_, _Christoval Ponce de Leon_.

In testimony thereof

_Fernando Riquel_.

(This copy herewith above-written was well and faithfully compared with the original by me, Pero Bernaldez, notary public of this fleet, without there being found any interlineation or erasure of a kind which would occasion doubt: only the word _perjuizio_ [harm], and the interlineations _premio_ [reward], and _dha_ [for _dicha_--said] are scratched out. Everything there is correct, and the said Fernaõ Riquel, notary-in-chief, was present at the comparison and subscribed his name here with me, together with Baltesar de Freitas, notary of the fleet, who affixed here his assent, on this day, the twenty-ninth of December of the year one thousand five hundred and sixty-eight.

_Pero Bernaldez_.)

(This copy was compared before me, Baltesar de Freitas, notary of the fleet, on the said day, month, and year, aforesaid.

_Baltesar de Freitas_.)

(On the said day, month, and year above-mentioned, I was present at and saw the correction and comparison of this copy.

_Fernando Riquel_.)

(_Authorization:_ In the island and port of Çubu, on the fifteenth day of the month of October of the year one thousand five hundred and sixty-eight, the very illustrious Miguel Lopez Legazpi, governor and captain-general for his majesty over his people and royal fleet for the discovery of the islands of the West, before me, Fernando Riquel, notary-in-chief and government-notary, and in the presence of the witnesses hereunto subscribed, said that, in the name of his majesty he gave and granted all and every authority he possessed--as in such case is by law required, and it may and ought to be sufficient--to Andres de Mirandaola (who was present), factor and overseer of the royal estate of his majesty, in order that in his place, and as if it were he himself, the said Mirandaola might present whatever summons, protests, and replies, and other documents whatsoever, that might prove necessary, to the very illustrious Gonçalo Pereira, captain-general of the Portuguese fleet anchored in this port, in regard to the affairs under negotiation at the present moment between them concerning the service of God our Lord, and that of the kings our sovereigns; and in testimony thereof I sign the present with his name, the witnesses being Martin de Goiti, the master-of-camp, and Captain Diego de Artieda.

_Miguel Lopez de Legaspi_.

Done before me,

_Fernando Riquel_.)

(This copy was well and faithfully compared with the original by me, Pero Bernaldez, notary-public of this fleet, without there being found any interpolation or erasure which would occasion doubt; and the said Fernaõ Riquel was present at the comparison, and signed here with me--together with Baltesar de Freitas, notary of this fleet of the king our lord, who affixed here his assent--on this day, the twenty-ninth of December of the year one thousand five hundred and sixty-eight.

_Pero Bernaldez_.)

(This copy was compared before me, Baltesar de Freitas, notary of the fleet, in the said day, month, and year, aforesaid.

_Baltesar de Freitas_.)

(On the said day, month, and year, above-mentioned, I was present at the correction of this copy.

_Fernando Riquel_.)

_Second Summons:_ Replying to this reply to my first summons, made by the very illustrious Miguel Lopez de Leguazpi, general of the camp and of the people of Nova Spanha, I declare that the essence, subject, and right of all this matter is not contained in words, but in deeds; and that his grace has up to the present time acted in a way very displeasing to God, to his majesty and to the king our sovereign, as I shall set forth in detail. As regards his grace's coming by authority of his royal majesty, the king Don Felipe, in order to discover lands, the islands of the West lying within his demarcation, and to propagate Christianity therein, as should be the principal purpose of so Christian a prince; and bearing withal instructions not to enter into aught, or in any way infringe the treaty and agreement made between the emperor Don Carlos and the king our sovereign Don Joan the Third (both of whom I pray God may have in glory): this does not absolve, but rather condemns him, inasmuch as he has acted in a manner so contrary to his instructions, neither making discoveries, nor founding any Christian communities, nor limiting himself to his own demarcation, but hastening with great speed to penetrate so many leagues through our demarcation--contrary to the faith, oath, agreement, and instructions of his true king and lord. He would indeed be able to say that he was ignorant of the bound and limit of these two demarcations, if Father Urbaneta had not told and requested him to settle such of the Ladrones Islands as, on his way around them, he might discover; if his majesty had not charged him not to enter, under any consideration, into the territory belonging to the king our sovereign; and if he had not been told and informed by the ships which were in this vicinity that the islands belonged to us, all which will appear, in proper time, in documents sworn before a notary. His grace's saying, in his letter written to me at Maluco, that he entered into this our conquest in consequence of stormy weather surprised me not a little, for the Portuguese in their voyages from Portugal to India (although even more exposed to inclement weather, to more violent winds, and to rough and heavy seas), never encountered a tempest of such violence as to endure for more than twenty-four hours, or in which, however far one of our ships might run, (with sails either furled or spread forth to the wind) they ever passed over an extent of more than fifty or sixty leagues--although, it is true, I have heard it said that one of our ships once ran a distance of eighty leagues; but his grace's having entered three hundred leagues into these waters of ours causes me anxiety, especially in view of his coming through a sea so calm and winds so gentle that small boats are able to navigate it, as most of the people of this region have told and declared to me. As regards his saying that he was absolutely obliged to enter, owing to lack of provisions, I reply through the lips of the captain of his company and those of ours here, who affirmed that in the Ladrones Islands where he was best employed in the service of God, so many boats brought him supplies that their number was estimated in one single day at six hundred; moreover, that in the islands aforesaid, and in others by which they passed, they obtained hens, swine, fish, rice, and yams. The same thing was told me by the father prior; and I understand that Guido de Lavezaris, treasurer of his majesty and his grace, having, in this archipelago of ours, nothing left of the six hundred boat-loads and obtaining in this region so little food in the boats or camp, sent to Panae and others of our districts for supplies at the cost of a great deal of trouble. This is a fact well attested, since I have been in this port; for I consented and allowed many vessels bearing supplies to enter, on their declaring to me that there was so great lack of provisions here that many soldiers were living upon grass. I assert it to be clear and evident, moreover, for every man of judgment and understanding, that so rich a fleet--comprising so large ships, sent forth for the purpose of discovery by its king, and departing from his kingdom of Nova Spanha, a land of so great fertility and abundance--would not lack supplies and munitions for three or even four years; and that a fleet so large as that of which his grace is commander must have come provided and supplied with everything necessary for a long period of time. And this was, indeed, declared to be the fact by the chief men of the encampment, who said that biscuit and supplies abounded on the flagship, when it arrived hence at Nova Spanha; and that there was great superfluity in many things obtained from the islands lying within their demarcation, as well as in many more which his grace brought over in his fleet. In this lack of provisions (in which he placed himself very much by his own choice), we placed Alvoro de Mendonça, who was then captain of the fortress of Maluco, at his disposal for everything that he might need from these lands and seas of the king our sovereign, in the month of July of the year one thousand five hundred and sixty-seven through the means of Antonio Ronbo da Costa and Baltesar de Sousa, whom I sent for this purpose from Maluco in two _caracoras._ This his grace did not accept-- on account of the abundance of everything which he possessed, as if appears--contrary to the action which would be taken by one who is in necessity, and who avails and assists himself even through the medium of his enemies; and even more so in the case of so good friends as are and always have been the vassals of the king our sovereign and those of the sovereigns of Castela, between which princes there exists a very ancient relation and intimacy. The excuse he gives, in addition to the others already mentioned, of entering into this our sea and conquest, because he knew that the Portuguese have no commercial relations as yet within these islands, is weak and of no avail; for in what law, either divine or human, does his grace find it written that, when the kings and their vassals disregard for a time commercial relations with lands belonging within their demarcations, others should consequently take therefrom gold and drugs, which do not belong to them? As for his saying that he entered here to look for Spaniards who remained in these islands from the fleet of Ruilopez de Villalobos, and that he has already ransomed one, and has information regarding two more--this is a very poor reason for violating good faith, truth, oath, and so solemn a compact between so Christian princes. This is especially true in view of the knowledge and experience (to which Guido de Lavezaris could testify) of the great affection and sheltering kindness with which those of the company of Ruilopez de Villalobos were received and transported to Spanha (at great expense to his highness and his captains), through the favor of the viceroy, and were well looked after in our merchant ships; while those who, with his approbation, wished to remain here, were likewise granted many favors, and, having become rich, now dwell in the fortresses and cities of India. Moreover, he might have trusted us in this matter of the three Spaniards, who remained here at all the less cost to his majesty, and without serving his highness. As for trying to make me to believe that he was serving the interests of the king our sovereign during his stay in this our king's land, with his safeguards and defenses. I emphatically assert that they were all erected very much against his interests; for one who has the intention alleged by his grace gives evidences plain to all, assuring the inhabitants of the land against those accompanying him, but not by means of fortifications and a so great assumption of authority in another's kingdom--usurping therein the vassalage rights of his highness and transferring the same to his majesty, who already has so many; obliging the natives to pay him tribute, and laying down the law to them as if they were his own subjects; and taking them prisoners on their coming to see the captains of their real king and sovereign, as in the case of one who was captured as he came to the pinnace of Antonio Ronbo da Costa, and prevented from speaking with me. As for the chimerical charges which his grace makes against me concerning the letter of Antonio Lopez de Segueira, and the words of the soldiers of Antonio Rumbo, in what manner could he have formed an opinion from a letter written by an individual captain who had been separated for many days from my company, if the sincerity of my intentions should be truly proved without further indications? For I do not know the words of his letter; but the statement of Antonio Lopez, after having had several shots fired against him, was not without cause, inasmuch as, having learned that alien people had a considerable time previous entered into this our territory, and had made a settlement and erected a fort therein, knowing withal but little of his grace, and much of the compact, good faith, and sincerity of his royal majesty the king Don Felipe, it seemed proper to lay the blame upon the captain rather than on the king--of which, in the judgment of many, his grace was not so ill-deserving. God forbid that I should reply to what is said concerning the words of the soldiers, for I should be very much ashamed to have to give account, in so sorry a business, for my actions in entering and remaining in this port; and to make proof of the great zeal which I have for the service of God and of the kings our sovereigns, and of my great desire to preserve peace and amity between us--suffering, as I have, whatever wrong is done me in this camp. Let his grace judge me only upon sure grounds, and not on chimerical accusations of the past, the falsity of which I prove by good deeds in the present. With regard to his claim of not having ships in which to depart from these waters of ours into his own, during the three or four years in which he has been settled in this our port of Cebu, I maintain that he had more than sufficient time and ships in which to leave; for I know that the flagship could carry two hundred men, or as many as his grace may then have had in his camp quite easily (for the return passage had already been discovered), inasmuch as his grace intimated to me in a letter which he wrote me at Maluco that the flagship held even more. And of his own accord he ordered the _patache_ "San Joan," the other small _patache_, and some frigates to be run ashore; for as soon as one came from Nova Spanha the others could easily go thither--a large fleet, certainly, since it contained more than a thousand men, together with a camp much larger. He lacked, therefore, neither supplies, ships, a known route home, nor time in which to depart from our demarcation, when he entered there, as is plain; the small _patache_ and the flagship, also, were not lacking to him. We offered him everything that he needed from the fortress and fleet of his highness.

Therefore, from the above and from other things previously written, it remains proved, not by the Portuguese, but by the Spaniards themselves, and not by camp-followers but by his chief men, that his grace is not here through necessity, but with a very definite aim, awaiting more men and a fleet, in order forcibly to wrest Maluco, China, and Japan, from the king our sovereign. This is clearly shown by the words of the foremost men of his company, and by the many questions they put to us concerning our knowledge of these regions; as well as by the letters from Nova Espanha which have fallen into my hands.

_The encampment_: It is shown by the people and munitions which his grace ordered to be brought, and which were brought to him; the flagship and the _patache_; the extent of the defenses which he is erecting day and night; the great reenforcements which he is procuring from among the infidels to help him fight against us Christians--as was well made evident at the arrival of Antonio Ronbo and at mine; his ordering these people to hasten with their arms to this camp of his, summoning them to fill all the land with snares; and by his resolve to shed, with the aid of his ships, much Christian blood. All this consists of deeds, and not of imaginations such as he brings up before me regarding the king of Ternate; for it is much more certain that the latter has not yet gone forth from his kingdom than that he is now absent from it. It is true that I summoned that king to come with his fleet, as a vassal of the king our sovereign, for many reasons: first and foremost, to induce him to leave his land and not remain there, when I should go thither to investigate his evil deeds against God and his highness in the persecution of the Christian communities of Morobachan, Anboyno, and Celebs--as on several occasions, it was suspected, happened covertly. The second, to take satisfaction upon his people for the treasonable acts which the natives of Taguima committed in their harbor against the boats of the merchantmen from Maluco and of this fleet; but I was unable to inflict punishment by effecting a landing there on account of the country being overgrown with heavy thickets. The third, that I might negotiate for provisions for this archipelago, if his grace should long remain therein. The fourth, to chastise many Moros and natives who have injured, and are injuring, God and his highness. The fifth, to make such use as should be necessary of that king's services and labor. But as for availing myself of his forces against Christians, may God forbid that I should ever do such a thing; and blood so old and free from stain as mine, and so Christian a nation as the Portuguese are, would never tolerate it. And that this is true I have already intimated to his grace, to the father prior, and to Guido de Lavezaris, not forgetting where I begin this reply of mine--wherein I declare that his grace is wronging God, his majesty, and his highness, and is, besides, quite well understood in other matters pertaining to this affair. I add, moreover, in so far as God is concerned: his ordering or consenting to the sale of iron and weapons in this camp to the infidels, so as to arm them against Christians; his ordering javelins [115] to be made in this settlement of negroes and in his own, which the Spaniards would take away to Mindanao and Cavetle to sell, exchanging them for cinnamon, hardwood _machetes_, axes, knives, and even for drugs. One of the principal items concerns the Lord's Supper--so jealously guarded by the holy fathers, and regarding which they have issued threats of excommunication, so stringent that no one can be absolved except by them. He suffers many men belonging to this camp to have carnal intercourse in public with native women, without punishing them therefor, although making a pretense of being rigorous in other matters of less importance. He takes other people's property, acting in all respects just as if he were ourselves, and thus takes our property against our will. As concerns his majesty, he reduces and renders null and void, in so many respects, his solemn compact (which deserves all the good faith and truth that should belong to so Christion a prince), and thus wrongs his blood relatives to whom he owes so many obligations. He takes from his highness by force these lands conquered by him; and he is awaiting more forces and a fleet to terminate completely the task of capturing them all. For this he is taking measures, with much preparation of war, in his hostility to the captains and people of his highness's fleet--among whom there is no hostile feeling, and who even offer amicably to serve, with much love and pleasure in so doing, both him and all his company. With regard to the two galleys which his grace asks from me, out of the three which I possess, it would not be right to give them to him, even though I found him doing many services to God and to the king our lord in this land. But when I find him wronging them, and intending to wrong them still more, I can but be startled at his grace's asking me for the sinews of this fleet and the sword with which to cut off my own head, as I would be doing if I should give him ships in order that he may carry out the more successfully his purpose--especially as no clause existed in the treaty which would oblige the king our lord to order ships and a fleet to be given to the Spaniards who might pass this way with the intention of doing him injury, in order that they might depart hence and continue on their way. As far as his grace's awaiting a reply from his majesty is concerned, I consider it even more unreasonable to ask for galleys; for, just as one who is committing some deadly sin displeases God all the more the longer he continues therein, so likewise, the longer his grace continues to transgress the good faith and truth of the contract made by his very Christian king and lord, the greater displeasure he will cause to God; but, if he would depart hence, upon our waters, in all peace and amity, God would be pleased and the princes satisfied, since they are so good Catholics and so close and intimate relatives. And his grace would thus be atoning for the past to the king our lord, and to me on his behalf; and would not, considering his age, be obliged, in this last quarter of his life, to oppose God in a matter so contrary to precedent and justice, by trying to remain forcibly in this our land and sea, at the cost of shedding innocent blood in the matter, or of its being wiped out at the same cost--when without any trouble or expense he may attain his wish, and be placed where he may see his sovereign; or, in case of loss, have security therefor, and profit into the bargain. Let him go forth once more to make discoveries, and to propagate our holy Catholic faith, in his own demarcation; and I entreat and summon him to depart with his camp into this fleet, where they will be treated with all the good faith, sincerity, and affection which befits good Christians and vassals of kings so closely bound. For the purpose of returning to Espanha, all necessary supplies and hospitable services will be afforded him. But let him not beg off by saying, as he has already said once, that he has instructions not to transgress or violate the treaty and compact in these our waters; for one who has, in all respects, up to the present time, done precisely the contrary will with all the more justice journey by our waters to Espanha, thus serving God and the kings our lords, rather than injure them by remaining. I also entreat him once more, and with special emphasis summon him, to have his instructions shown to me, as I on my part will do by sending him the orders of the king our lord, whenever he may, with a mind exempt from passion or self-interest, desire me to do so. And I entreat him earnestly as a favor, and I summon him in the name of God and of the said princes, to consider the agreement which I here propose to him: and, having considered it, to carry it out in all respects without distrust, reserve, deceit, or delay whatsoever. And if he does not wish to accept this fleet, which I offer him in order that he may depart, and return to Espanha, let him then depart from this island and from all others belonging to the demarcation of the king our lord, with all his camp implements of war, his master-of-camp, his captains, ensigns, sergeants, corporals, and the other officers and people of war and the royal service. If his grace be unwilling to do this, I bear witness that all the blame and fault which may ensue in this matter will fall upon him, and that he and all his camp will be held and considered as suspected rebels against the mandates of his king and sovereign; and I shall remain exempt from any fault for whatsoever injury and evil may occur. And you, Pero Bernaldez, notary-public in this fleet for the king our lord, are commanded to read to him the contract, and to acquaint the said Miguel Lopez, general of the camp and people of Nova Spanha, with this reply, which shall be incorporated and annexed to the reply made by him, as aforesaid; and of this you will give me the document or documents necessary to be drawn up in public form. I likewise command you, Fernaõ Riquel, notary-in-chief of this camp, and all the other clerks and notaries thereof, to give and transfer to me all the summons, protests, replies, and responses which may be made in this matter, now or hereafter, and the instrument and instruments which shall be necessary to me, in duly attested form. In this galley "San Francisco," on the nineteenth day of the month of October of the year one thousand five hundred and sixty-eight. Let there be no doubt in the interlineation which occurs at the hundred and third line of the said reply, namely, _vindo questa_; and where it reads, in the margin, _e requeiro_, at the beginning of the two hundred and thirty-first line above-written--for it is all correct. In the same day and year above-written.

_Goncalo Pereira_.

(_Notification_: On the nineteenth day of the month of October of the year one thousand five hundred and sixty-eight, in this port of Cebu, at the place occupied by the very illustrious Miguel Lopez de Leguazpi, general of the fleet and forces of Nova Spanha, there was given to me by Afonso Alvarez Furtado, factor of the fleet of the king our lord, the compact made between the emperor Don Carlos (whom may God preserve) and the king Don Joan the Third our lord (may he live in glory), and likewise the answer which Guonçallo Pereira, captain-general, sent to the reply to the first summons of the said Miguel Lopez de Leguazpi; and he ordered me, on behalf of the king our lord, to read it, and acquaint him therewith. And I read, and made him cognizant thereof, _de verbo ad verbum_, before him personally and many persons of his camp. He replied thereto that he hnd heard the same, and would make answer. Witnesses thereto who were present at all the proceedings: the said Afonso Alvarez Furtado; Baltesar de Freitas, clerk of the said fleet; Martin de Goti, master-of-camp; Andres de Mirandaiola, factor of his majesty; Andres de Ybarra, captain; Dioguo Dartieda, captain; and Guido de Lavezaris, his majesty's treasurer--all of whom affixed their signature with me.

_Pero Bernaldez_, notary.)

(In the said day, month, and year above written, with me signed Fernando Herrequel, notary-in-chief of this camp and fleet. Witnesses: Martin de Goiti, Andres de Ybarra, Andres de Mirandaola, Guido de Lavezaris, Diego de Artieda, Fernando Riquel, Afonso Alvarez Furtado, Baltesar de Freitas.

_Pero Bernaldez_.)

_Compact_: Don Sebastiaõ, by God's grace King of Purtugual, and of the Algarves here and beyond the sea, in Afriqua; Seignior of Guinee and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, and India--to all the _corregidors_, auditors, judges, justices, officials, and persons of my realms and fiefs, to whomsoever this my letter of testimony may be presented, and on whom the recognition thereof is incumbent, greeting: I hereby declare that, through Gonçalo Pereira, knight of my household, captain-general of my fleet, now at my fortress of Maluco, I was petitioned by Alvoro de Mendonça, captain of the said fort, and knight of my household, that I should order a copy made of the compact which was made between the King Don João and the emperor Don Carlos, my ancestors of glorious memory, in regard to the doubt and controversy of Maluco; the same to be filed in the factory of the said fortress, in order that he might thereby justify himself completely with Miguel Lopez de Leguazpi, captain-general of the fleet of the king Don Felipe, my much loved and esteemed brother, now stationed at the island of Cebu. The copy of this contract I have ordered sent to the said captain; it is, _de verbo ad verbum_, as follows:

Don Jòhan, by the grace of God King of Purtugual and of the two Algarves here and on the other side of the sea, in Afriqua; Seignior of Guinee, and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, and India,--to all the _corregidors_, auditors, judges, justices, officials, and persons of my realms and fiefs, to whom this my letter of testimony may be presented, and on whom the recognition thereof is incumbent, greeting: I hereby declare that by my governor Jorge Cabral, orders were sent to my auditor-general (whom, with appellate jurisdiction, I maintain in those parts of India), to forward a testimonial letter giving a copy of the compact made between me and the emperor, my greatly beloved and cherished brother, regarding the dispute and controversy of Maluco, in the interest of which, and thus ordered in fulfilment of my duty, the said copy of the compact was forwarded in the testimonial letter by two routes. The copy thereof, _de verbo ad verbum_, constitutes what follows in the consecutive pages adjoining this.

Don Joaõ, by the grace of God King of Purtugual and of the Algarves on this side and beyond the sea, in Afriqua; Seignior of Guinee and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, and India, to all the _corregidors_, auditors, judges, justices, officials, and persons to whom this my testimonial letter shall be shown, and on whom the acknowledgment thereof is incumbent: I inform you hereby that my attorney tells me that, for the protection and preservation of my laws he needs the copy of the compact which I have made with the emperor, my greatlv beloved and cherished brother, in regard to the dispute and controversy of Maluco. It is as follows:

[Here follows the Compact or treaty of Zaragoza, April, 1529, whereby Cárlos relinquishes all rights to Maluco for the consideration of three hundred and fifty thousand ducats. The essential parts of this treaty are given in vol. i, pp. 222 ff. of this series.]

[The summons or notification proper then continues:]