Chapter IX: Part 9

And, on his summoning of my said attorney, I ordered him to forward to him this my letter of testimony with the copy of the said compact given in the town of Almeyra on the ninth day of the month of December. Ordered by the king's decree through the licentiate Francisco Diaz de Amaral, of his _desembargo_; and _corregidor_ of my court with jurisdiction over criminal affairs, Antonio Ferrãz drew up the same in the year one thousand five hundred and forty-five, and I, Pero Dalcaceva Carneiro, of the said Council of the said sovereign, and his secretary and notary-in-chief in all his kingdoms and possessions, countersigned it.

(This compact above preceding and declared was here copied entire from the copy sent from the kingdoms, which was signed by the licentiate Francisco Diaz de Amaral mentioned therein, approved by the chancellor's office, and drawn up by the secretary, Pero Dalcaceva Carneiro and Joaõ de Figueiroa. Wherefore, coming as it does in the manner above set forth, this copy, which was derived therefrom and written here, is a true one, without any thing of a nature to cause doubt save a certain interlineation reading "within the said line, which such islands or lands." For, to make the same a true copy, it was written on thirteen half-sheets of paper and compared, from beginning to end, by the official whose name is affixed hereto; and full faith shall be given the same wherever it shall be presented, in court or out, in view of the fact that, for greater assurance, it is sealed with the seal of my arms in this city of Goa on the twenty-third day of April. The king ordered the same through the licentiate Christovaõ Fernandez, member of the _desembargo_ and auditor-in-chief of India with appellate jurisdiction. Lopo Daguiar, a notary by office, had the document written and subscribed, by the authority which he possesses, in the year of the birth of our Lord Jesus Christ, one thousand five hundred and fifty. _Pagado nihil._ [116] The licentiate,

_Christovao Fernandez_.)

(Compared with the original copy by me, a notary, in conjunction by the official here subscribed. Antonio Fernandez, Lopo Daguiar. _Pagado nihil._ Lopo Daguiar. The licentiate,

_Andre de Mendanha_.)

(This compact previously and above set forth was in its entirety copied from the copy of another copy sent from the kingdom and signed by the licentiate Christovan Fernandez mentioned therein, which was approved by the chancellor's office, and compared by Antonio Fernandez and Lopo Daguiar: wherefore, on account of its above-mentioned source, this duplicate emanating therefrom is presented here as a true and correct copy, without there being anything therein which would cause doubt. It was all inscribed upon seventeen half-pages of paper, with the copy of the letter-patent and that of the compact, compared in its entirety by the official hereunto subscribed. Wherefore full and entire faith shall be given to the same, wherever it shall be presented, both in and outside of court, inasmuch as, to assure the same, it is sealed with the seal of my arms in this fortress of Maluco on the second day of the month of September. Ordered by the king through Alvaro de Mendonça, nobleman of his household and his captain in this said fortress, and through Thome Arnao, court-notary who had it drawn up and subscribed, by the authority possessed by him thereto, in the year of the birth of our Lord Jesus Christ one thousand five hundred and sixty-seven. _Pagado nihil_.

_Alvoro de Mendonca_.)

(Collated with the original copy of the said copy by me, a notary, in company with the officials hereunto subscribed. Dioguo de Paiva, Thomé Arnaõ, of the chancery.

_Vasco Martinez_.)

(This is the copy of a reply which the very illustrious Miguel Lopez de Leguazpi sent to Gonçalo Pereira, captain-general in these regions of the South for the king our lord, which reply I, Pero Bernaldez, notary-public of this fleet, copied from the original at the request of the said Miguel Lopez de Legazpi.)

I, Miguel Lopez de Legaspi, governor and captain-general for his majesty the king Don Felipe, our sovereign, over his people and his royal fleet for the discovery of the islands of the West--in reply to the rejoinder made by the very illustrious captain-general of the Portuguese fleet, to the response which I made to his first summons, do now confirm my response aforesaid, which is absolutely true, as said and declared therein; and this will be proved and established with true and sufficient evidences and proofs, at any and all times, as it shall prove necessary. And I do not feel bound to reply to many of the things contained in his rejoinder, inasmuch as they are utterly irrelevant, and have nothing to do with the business here concerned--tending, as they do, to attribute fault, and cause for slander, where there is none; many of them, also, being untrue, and unworthy of a person in so serious and important a station, and of so illustrious and Christian blood as the said captain-general claims to possess. And thus denying it, in all and for all, and coming to the essential points, I declare and affirm that my entrance in this island was occasioned by the reasons and causes contained in my response; that it was forced and necessary, and without my knowing that I had passed the line of demarcation. And this I neither knew nor understood until the said captain-general assured me of it in his letters. And likewise I affirm that I was detained, and remained here against my will, through my inability to leave in any way for lack of ships and provisions; and not intentionally or purposely to harm, in any way whatsoever, the very illustrious and puissant sovereign, the king of Portugal, or any of his possessions, or to harm any third party. Nor had I the intention of taking anyone's property away from him, as may be proved by those principal persons of this camp by whom his grace declares himself to be informed of the contrary; for, if put upon their oaths, they will, as Christians, be unable to escape the necessity of telling the truth. And, as a man who has desired, and still desires, to depart hence, the first time when Antonio Rumbo da Costa and Baltasar de Soza came here, I informed them that what I needed for that purpose was ships, and that ships were on their way; and so I have informed his grace many times. In this necessity, however, he has up to the present time given me neither remedy, aid, nor favor--which I expected from friends and vassals of a sovereign so related by kinship and blood with his majesty; and as I would have done for them, if I had found them in the plight in which they find me. It is no valid objection to say that I have had ships in which I could have left--such, for example, as the "Capitana" and the "San Juan," which went to Nueva España--for the "Capitana" carried about two hundred persons, and the _patache_ "San Juan" seventy, which number was the utmost that they could carry, on account of the supplies and rigging which they bore. Nor does it avail to say that I intentionally ran the flagship aground, for the opposite is the truth; nor should it be presumed or believed that a vessel so much needed by this camp (the property, moreover, of his majesty) could purposely have been run aground--which statement any person who is willing to look at the matter dispassionately, will clearly perceive. And it avails even less to say that the father Fray Andres de Urdaneta requested me to settle in the island of Ladrones, for this did not occur; nor will such a request ever appear, in truth, save in so far as it was discussed whether it would be well for us to go to that island, in view of our having no supplies, or any kind of meat, or anything to live on. It was agreed by all that we should proceed thither, as was done; and the six hundred crafts which he said came alongside the ships came to beg and not to give. For, in all the ten days of our stay there, we could not buy ten _fanegas_ of rice; and if they brought anything it was cocoanuts, bananas, _tamalle_, and other articles of the fruit kind, of very unsubstantial and ordinary quality. This will prove to be the truth, rather than what is said in opposition thereto. And when we arrived at these islands, we were in great need of food, as we had on board the fleet nothing but biscuit--and even that in small quantity, as it was carried only by the "Capitana" for its return; so that the whole camp suffered for the lack of food. And even if the supply of biscuit was more than sufficient to last until Nueva España was reached, yet as the return passage was not then known, we endeavored to supply those going on the vessels with provisions sufficient for one year; and as they arrived at Nueva España instead, within three months, they had of necessity a superabundance of biscuit. Further, regarding his, accusations as to my being here against the will of God and of his majesty, I deny it; for I have always endeavored to do his majesty's will with all fidelity and loyalty like the true and faithful servant that I am, as has ever been the custom of my ancestors; and I shall try to pursue that course until I die. Accordingly, I intend to give good account to his majesty, as I have always done, of all matters entrusted to me--which here require neither allegation nor mention, for I am bound to account therefor to his majesty alone. As for what he says concerning the promises and kind services which were offered me from him, I refer to his said first summons and his reply to my rejoinder--the import of which is that I should go with my men to his fleet and depart therein for India, or some other place, and that I should immediately leave these lands with all my men; and accusing me of many losses and damages which I did not inflict. These offers, made under such hard conditions, appear more like those of an enemy than of a friend; for I do not see that the terms proposed could have been any harsher if I and all those with me had been Turks. For the first injunction, namely, that I should go to India, is contrary to what his majesty expressly orders me to do; so that, if I did it, I might then indeed be accused of violating his will. It would be, moreover, a violation of the treaty between the kings, our sovereigns, which was presented me by his grace, inasmuch as a clause thereof says that the vassals of the king of Castilla may navigate the seas of the king of Portugal as much as necessary, in order to reach the South Sea of his majesty toward the strait of Magallanes, and no more; and that if any other navigation than this through the seas of his highness occurs, it will be done by any persons in violation of the said treaty. Wherefore we are bound not to do this thing under any consideration, for our intention has been and is to adhere to the said treaty. And as for the second injunction, that we should depart and leave the land immediately with all our men and munitions of war, such a thing is impossible without ships, as is clear and evident, and as such I declare the same. And, therefore, from the offers aforesaid results, and may be clearly inferred, the intention with which the said offers were made--which is tantamount to using force upon us and injuring us, as if we were men isolated in this island, and without respect for the will of God or of our sovereigns and lords, or for peace and friendship, or for the relationship that exists between them. And that the truth of my justification may stand out more clearly, I declare myself ready to show the instructions and orders which I bear--as I have previously said I would do, on the condition that the said captain-general show me his own: and I do promise that if he will sell me ships in which to go away, that I will immediately depart, and leave these lands free to the rightful owners thereof. And in the event that I do not obtain them from this source, but that ships or message shall come from his majesty, I will do the same, without my stay in this island causing any damage or injury to any district of the kings our lords. And, to carry out the same, I am ready, if necessary, to make any instrument or instruments whatsoever; and to pay for any and all damage which may result from my stay in this island. And since God, the omnipotent and true who resides in the heaven, is cognizant of the hearts intentions, and wills of men I do appoint him judge of this dispute between us. O show the truth, and protect and aid the same in all respects. And, not admitting the protests of the captain-general's reply, I beg and require him--once, twice, and thrice, and as many times as I am by law obliged,--in the name of God our Lord and of his majesty, to accept our justification and leave us free; and that he cherish no intention to make war upon us, or harm us, or employ any force or injury against us; for our own will and intention is to inflict the same on none. And, if the contrary be done, I do protest that it will be at his own blame and responsibility, and that he will be obliged to incur all the damage and losses which may result therefrom. And I request you, Fernando Riquel, chief clerk of this camp, to read the same to him, and to notify him thereof, and to give me in public form the testimonies and duplicates thereof which may be necessary to me for the protection of my right. Given in Cubu on the twentieth day of the month of October, of the year one thousand five hundred and sixty-eight. No doubt should be occasioned by the erasure where it reads _navios_ ["ships"], which was erased in the interest of truth.

_Miguel Lopez de Leguazpi_.

(_Notification:_ In the galley "San Francisco" of the fleet of the very illustrious Goncalo Pereira, captain-general, anchored in the harbor of this island of Cebu, on the twentieth day of the month of October of the said year, I, Fernando Riquel, chief clerk, and in the government employ, did read this response and that contained therein to the said captain-general in person, in presence of the factor and inspector Andres de Mirandaola, who holds power of attorney from the very illustrious Miguel Lopez de Legaspi, governor and captain-general for his majesty and on his behalf. And his grace, the said captain-general, having heard the foregoing, which I read to him _de verbo ad verbum_, said that, not replying to what did not demand reply in the said response--which had been written by one more blinded by passion than in the free use of his senses, or than by one of the descent which he claimed--but confining himself only to the most essential points concerning the service of God and of the kings, he does deny everything which his grace says in his said rejoinder, evidences for which denial he will show in their propor time by documents worthy of credence before the sovereigns. He also states that he refuses even more emphatically to show him the instructions which he carries; for since he has been in this port (now some twenty days), his grace told him continually that he would show him his instructions, yet upon his sending Don Duarte de Meneses for this purpose, his grace would not show him the same; and likewise, when he came with the said Don Duarte upon this galley "San Francisco," his grace refused to show his instructions to him. Moreover, when he went ashore to see his grace, and talked with him, the latter would not show the same; and on two occasions when he sent hither the said factor, Andres de Mirandaola, with a response, he did not order him, either in person or by another, to show the same, although he continually affirmed that he would show them. On account of these things, and of his breaking in all respects the said principal contract; and, because it appears that he was not in need, during the three years and some months of his stay here; and because of the deceptions which his grace practiced upon him, using many fine words, but very different deeds as the coast defenses and forts proved--although he [the Portuguese captain-general] did not adopt such method in his treatment of him, when he allowed many ships bearing provisions and men to enter the harbor, although he could have detained the same--through all these things, his real intention is laid bare. For, as one intending to make war takes advantage of all occasions to that end, so has his grace done and still is doing. As for the other matters, he is referred to the protest sent to him today by Pero Bernaldez, notary-public of the Portuguese fleet. And this he gave as his response before the witnesses, Captain Alvaro de Mendonza, Admiral Don Duarte de Meneses, Simon de Mendonça, and the factor Afonso Alvarez Furtado, who together with me; the said Fernando Riquel, signed the same with their names. Andres de Mirandaola, Alvaro de Mendonca, Don Duarte de Meneses, Simaõ de Mendonça, Alfonso Alvarez Furtado.

I testify thereto, _Fernando Riquel_.)

(This duplicate has been compared most carefully with the original by me, Pero Bernaldez, notary-public of this fleet for the king, our lord, without there being found any interlineation or erasure which would cause doubt--save that there is an erasure where it read _navios_ ["ships"], which was done in the interests of truth. And the said Fernão Riquel, chief clerk, was present at the comparison, and signed here with me, together with Baltesar de Freitas notary of the fleet, who placed here his approval. This day, the twenty-ninth of December, one thousand five hundred and sixty-eight.

I have compared this duplicate,

_Pero Bernaldez_.)

(This duplicate was compared before me, Baltesar de Freitas, notary of this fleet, on the said day and year above specified.

_Baltesar de Freitas_.)

(On the said day, month, and year, I was present at the collation and comparison of this duplicate.

_Fernando Riquel_.)

_Third summons_: Concerning the summons and protest that I, Gonzalo Pereira, captain-general of this fleet, make to the very illustrious Miguel Lopez de Leguaspi, general of the fleet and people of Nova Espanha. You, Pero Bernaldez, notary-public of this fleet, are directed to present and read to him the same; and, with his reply (or without it, if he refuse to give one), to put into my hands the instruments necessary to me to prove the truth of what follows. I affirm that on arriving at this port of Cebu, and exchanging such courtesies with his grace as were befitting to the requirements of my position and rank, besides offering both by letters and requests on behalf of the king our lord, everything needful to him and to his army, and to his royal majesty, the King Don Felipe--in order, also, to serve in this matter the king our lord--his grace did not so much as consent to accept from me anything whatsoever; but descended to subterfuge, and, as answer to my rejoinder, ordered his artillery to take position in front of the fleet, to impede my passage--in spite of his being on the land and sea of the king our sovereign. In every respect, therefore, he gives evidence of not adhering to the compacts and treaties made between his imperial majesty Don Carlos, King of Castella, and King Don Joaõ, our lord (may they rest in glory), which documents I had sent and presented to him in order to obviate all doubts and disputes that might arise. He has certainly incurred, in return, the displeasure of God and the sovereigns. Secondly, I send him again the letter of the emperor Don Carlos to Ruilopez de Vilhalobos, and those of his company, that he may see more clearly its truth and purport; and I summon his grace particularly--once and as many times as I am empowered thereunto--and, in general, all his captains, ensigns, sergeants corporals, and pilots, and all the other officials of war, retinue, and justice, on both land and sea, soldiers and sailors alike--in conformity to the said compact, to assemble immediately on this fleet of the king our lord, and to depart therein in order to present themselves before the viceroy of India. From the said viceroy, in the name of the king our lord, in my own, and in that of the captains of this fleet and of the fortresses of India, I give to each individually, and, to all in general, assurance that no harm or injury whatsoever shall be done them; that they shall be left free to go to their own kingdom or remain in India, as they prefer; and that they shall receive all possible good treatment, and be given all their property, and everything of which they may stand most in need. And if his grace refuse to do this, I summon him again and many times, and all the rest of his fleet and army, individually and collectively, to depart at once and leave the said fortress, and abandon this island and all others which, by the said treaty, are seen to belong to the commerce and conquest of the king our lord, and to leave everything here forever free and disembarrassed. And likewise I notify them not to do violence to, and to leave free, the Portuguese who are in his army, to whom, by this present, I give assurance, in the name of the king our lord, that they shall not be proceeded against as criminals, for thus embarking and being in the said fleet and camp, from the day when they passed the boundaries of Castella up to the present. And I summon them all individually and collectively, and I order them in the name of the king our lord, to come immediately to this the fleet of their true king and sovereign, on the above-mentioned assurance that they shall in all respects be protected. And if they do not consent thereto, and he, Miguel Lopez de Leguaspi--and his captains and officers, and all the persons above-named--shall not, in every respect, assent to that which I request and demand as above, I declare that he--together with all his above-mentioned captains and persons aforesaid, of whatsoever rank, nation, condition, or country they may be--will be held and considered and judged as disobedient by his royal majesty, King Don Felipe, their sovereign, and by the King of Portugal, our lord, and by their officers of justice. And in the same event I do, now and forever, in the name of the said kings, hold them as rebels, if they neither come hither nor depart within the three days first following the notification of this summons. I impose this time upon them as a limit, declaring that they shall not be allowed another day's respite; that they will be condemned to death, both natural and civil, either through war or in any other way whatever, according to the custom and laws of our kingdom; and that their possessions, ships, artillery, munitions of war, and everything else which they may have brought to this land or obtained therein, or received in trade or in any other way, shall be seized and distributed and given away to the extent which may seem to me conformable to the said compact. Nor shall they, the parties aforesaid, or any one acting for them, or any of their heirs, or any relation or descendant, in particular or in general, have in this matter any right--neither they, nor likewise the owners of the said property, fleet, or munitions, which shall thus be taken from them, even though absent, wherever they may be. Moreover, even though they be not guilty of the disobedience and disrespect aforesaid, nor have given any cause for this action, they shall not, subsequently nor at any time, have any right to proceed against me, or against any captain, officer, or member of this fleet who may be holding the same; nor shall any heir of the above-named persons, at any time whatsoever, be obliged to make restitution thereof, either legally or as a matter of conscience. Likewise, in conformity with the said compact, I declare to be null and void, and of no effect or force, all right which they may have, royal, personal, or based upon any other title or right which may be named, designated, or specified, or which his majesty King Don Felipe claims to have acquired, through the compact made between the very Catholic and Christian sovereigns, King Don Joan the Second of Portugal, and Don Fernando of Castella (may they rest in glory), regarding the division of the conquest and discovery of the world, conceded by the holy fathers, in the commerce and conquest of Maluco and all its lands and seas which shall be found, perceived, or discovered by ships in that whole region west of Nova Spanha, as determined by an imaginary line from north to south through the islands of Las Velas [Ladrones]; and those rights I declare null and void from the day on which the said Miguel Lopez de Leguazpi passed to the west of the said line with his fleet. And likewise I declare that, inasmuch as this fleet contains more soldiers than men of letters, all summons, declaration, and protestation befitting the right and justice of the king, our lord, and of his descendants and kingdoms, shall be held as made and truly and completely declared, demanded, summoned, alleged, and protested, without any lack or failure, whatsoever. And neither his royal majesty, nor any or all successors to the kingdom of Castella shall have the right to require or summon the Portuguese to deliver to them their lands and conquest of the said West; or demand any payment or satisfaction whatsoever for the losses, damages, deaths, or deprivations of property occurring to the disobedient camp and fleet, or to any others who, subsequently arriving, are subject to the foregoing. For others have already come to these parts who pretended to be filled with brotherly love and affection, but did not prove this by their actions--inasmuch as they did very great injury to the property of the king our lord, and of his vassals, without the king's receiving any compensation therefor from his illustrious highness. No doubt should be entertained regarding the interlineation where the word _justica_ ["justice"] occurs. This day, the twenty-first day of the month of October, in the year one thousand five hundred and sixty-eight.

_Gonzalo Pereira_.

(_Notification:_ On the twenty-first day of the month of October of the year one thousand five hundred and sixty-eight, at the present place of habitation of the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Espanha, I, Pero Bernaldez, notary-public, in his presence and that of his captains and many other persons of his camp, read, _de verbo ad verbum_, the foregoing summons, together with the letter of the emperor Don Carlos (may he rest in glory). In reply, he said that he heard the same and would respond as was befitting. Witnesses thereto: Martin de Goete, master-of-camp; Andres de Ybarra, captain; Guido de Lavezaris, treasurer of his majesty; Luis de a Haya, captain--all of whom affixed their signatures together with me. Martin de Goiti, Luis de la Haya, Guido de Lavezaris, Andres de Ybarra.

_Pero Bernaldez_.)

(_Response:_ This is a duplicate of a response which the very illustrious Miguel Lopez de Leguaspi sent to Goncallo Pereira, captain-general in these parts of the south for the king our lord. This response, I, Pero Bernaldez, notary-public of this fleet copied from the original at the request of the said Miguel Lopez de Leguazpi.)

I, Miguel Lopez de Leguazpi, governor and captain-general for his majesty King Don Felipe, our lord, of his people and the royal fleet for the discovery of the islands of the West, declare in response to the third summons of the very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, served on me by Pero Bernaldez, notary-public thereof, that I am ready and prepared to do and fulfil everything specified and offered by me in the answers which I have previously given to the summons which he has sent me. Basing my reply once more upon them, I repeat that on my part there will be no failure to respect and carry out the treaty made by the kings our lords, and to maintain the peace, friendship, and alliance which have existed and still exist between them, and which is incumbent upon us owing to the close relationship of the two. As for the conditions contained in the said summons aforesaid, which command me to go with all my people to his fleet, to depart therein for India, I declare that this is impossible for me, as it would be a direct violation of the instructions which I have received from his majesty; nor could I give over my people and my fleet to any person whomsoever, without his majesty's express permission and command. Moreover, it would be a violation of the compact and treaty existing between the kings our lords. And, in the event of my not doing this, he says that within three days from now I must leave this island and these lands. This I myself desire, and would be glad to do so, if it were possible. And I promise to do the same immediately, if his grace will furnish me means therefor. But it is neither right nor reasonable to oblige me to perform the impossible. And I declare, therefore, and promise that when I shall have ships I will depart, and leave the land free to whomsoever it may belong, without allowing my stay therein to result in harm to any one; and if it shall so result, then I stand ready to pay and to give payment and satisfaction therefor, to a sufficient and adequate amount, and to do everything in my power to the end that the treaty between the kings our sovereigns shall not be transgressed, or any injury be done or ensue to any of the parties hereto. And regarding what he says in his summons concerning the new fort, I admit that it is true that some fortifications were begun--a thing most usual and customary wherever there is a garrison of Spanish soldiers--for protection from any one who might undertake to do me injury or violence. But it was not done to injure his fleet, or anything else belonging to him, which did not previously do me injury. This is especially evident in view of the fact that although yesterday I had begun the erection of the new fort, aforesaid, on receiving a letter from his grace in which he asked me to cease and not continue work upon the same, I immediately ordered that work to cease and to be suspended; and nothing more has been or will be done thereon, if his grace and his fleet are willing to keep peace and friendship with me, as is incumbent upon Christians and vassals of sovereigns so closely connected and related. This I do in order that no statement or calumny for breaking the said peace may be uttered against me. And, regarding what he says in the rejoinder to my second reply, namely, that I refused to show the instructions which I bear, his grace knows perfectly well that I have offered many times to show him the same, and that nothing was sent by him. And to do everything possible on my own part, and to make my cause a just one, I send to him enclosed herewith those clauses of my instructions bearing upon the present business, which were copied from the original, and signed and approved by the chief notary of this camp, in order that they might be produced as witness and proof, at anytime or place whatever; besides this, his grace will be allowed, if he so desire, to send some person here to see them collated with the original. Throughout these instructions is evident and deducible the Christian spirit, greatness, rectitude, and kindness of his majesty King Don Felipe, as well as the moderation which he orders to be maintained wherever we should fall in with Portuguese--which is very different in its nature from what is essayed and planned against me and the vassals of his majesty. It will be seen, moreover, how just is his majesty's cause, and, in his royal name, our own. Therefore, in the name of God omnipotent, our Lord and of his majesty, I beg and summon his grace once, twice, thrice, and as many more times as I am bound by law--not to consent to or permit any wrong or injury to be done, directly or indirectly, by evasions, or in any other manner whatsoever, in order that Christian blood may not be shed without cause or occasion, to the great displeasure of God and of the princes our sovereigns. For my intention was not to do any harm to any one; but rather I offer to pay all and any damage which may result from my stay here; and I declare that, if he do the contrary, then all the deaths, damages, losses, and interests shall fall upon his head and responsibility, and that he shall be obliged to pay and make satisfaction for the same. Moreover, I protest, as much as the rights of his majesty and our own make it incumbent upon me, to demand, allege, and protest, and, although it be not declared or specified here, I do allege, demand, and protest therein, as many times as the law and my duty require. And I do not admit the protestations and condemnations which are contained in his summons and protest; and I request that this response shall likewise be read, shown, and made known to all the captains of his fleet, together with the clauses of my instructions, in order that they may see our justification; and, having seen it, comport themselves as Christians--so that God our Lord, and our princes, may be better served, without shedding Christian blood; and that the other injuries and difficulties which, in the opposite event might ensue, may be avoided. And I require and summon you, Fernando Riquel, notary-in-chief of this camp, to read and make known this response and protest, and the clauses mentioned therein, to the said captain-general, and the other captains of his fleet; and, with his response, or without the same, to give me the testimonies and copies necessary to me in his majesty's interest, and to my own in his royal name. Given in Cubu, on the twentieth day of October of the year one thousand five hundred and sixty-eight.

_Miguel Lopez de Legazpi_.

(_Notification:_ The foregoing answer and clauses, I, Fernando Riquel, notary-in-chief in the government employ, read and made known to the said very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, in his own person, as well as to the other captains of his fleet, _de verbo ad verbum_, in such a way that it was understood--those captains being Alvaro de Mendonca, Don Duarte de Meneses, Simon de Mendoca, Lorenco Furtado de Mendoca, and Mendo Ruellas de Vasconcelos--on the twentieth day of the month of October of the year one thousand five hundred and sixty-eight. And let it be understood, that although I reckon today as the twentieth of October, the summons to which this is the response, was made upon the twenty-first everything having been done upon the same day. The cause for this is the difference between the Portuguese and the Castilians, the former reckoning one day ahead, and so it is in all the rejoinders and summons. I delivered this notification and summons to the said parties on the galley "San Francisco," this day, the twentieth of October, in the presence of the foregoing persons, and of Alonso Alvarez Furtado, factor of his highness--all of whom signed their names here, together with me; likewise Christoval Ponce, notary of his majesty's camp. Simaon de Mendonca, Alvoro de Mertdonca, Lourenco Furtado de Mendonça, Don Duarte de Meneses, Alfonso Alvarez Furtado, Mendornellas de Vasconcellos, Christoval Ponse de Leon.

I testify thereto, _Fernando Riquel_.)

(This copy was closely 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 cause doubt--although there is an interlineation--_dha_ [_dicha_, "said"] which was truthfully inserted. The said Fernao Riquel, notary-in-chief, was present at the comparison, and signed his name together with Baltesar de Freitas, notary of the fleet, who placed here his approval. 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 and year above specified.

_Baltesar de Freitas_.)

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

_Fernando Riquel_.)

(This is the copy of certain clauses of [the instructions given by] the royal _Audiencia_ of Mexico, which the very illustrious Miguel Lopez de Leguaspi sent to Goncalo Pereira, captain-general in the regions of the south for the king our sovereign--which document was copied at the request of the said Miguel Lopez de Leguaspi.

I, Fernando Riquel, notary-in-chief of the royal fleet for the discovery and administration of the islands of the West, for his majesty, King Don Felipe, our sovereign, testify and affirm to all persons, who may see the present: that in a set of instructions and regulations, signed by Don Luis de Velasco, former viceroy of Nueva España; the licentiate Valderrama, _visiador_-general and member of the council of his majesty; Doctor Ceynos, Doctor Villalobos, Doctor Horozco, Doctor Vasco de Puga, and Doctor Villanueva--all auditors of the said Royal _Audiencia_ of Nueva España, resident in the City of Mexico--and countersigned by Antonio de Turcios, secretary of the _Audiencia_, is contained, among many other clauses, the following:)

"The course of conduct which you, Miguel Lopez de Leguaspi, appointed as governor and general on his majesty's behalf, for the discovery of the islands of the West, by the very illustrious viceroy Don Luis de Velasco, late governor and captain-general of this Nueva España, and president of the royal _Audiencia_ resident therein, are to adhere to in the voyage and expedition which with the aid of God, our lord, you are about to undertake for the discovery aforesaid, with the ships which have been constructed for that purpose by his majesty's orders and are now at Puerto de la Navidad in this Nueva España, on the coast of the South Sea is as follows:"

[See _ante_, p. 89 ff., for synopsis of these instructions.]

[The clauses sent thus by Legazpi relate in general to the course to be pursued in the expedition in regard to the Portuguese and their possessions in the eastern seas--assuming, however, that the Philippines fell within Spain's demarcation, wherein Legazpi was ordered to effect a settlement. The document continues:]

(I took the above clauses from the said instructions and regulations. They were signed by the above-mentioned viceroy [Antonio de Mendoza], the _visitador_, and the auditors, as is sufficiently apparent; and to that document I refer, by order of the most illustrious governor Miguel Lopez de Leguaspi. The same are well and faithfully copied, and the comparison and collation thereof took place before Christoval Ponze, notary of this camp, and Juan de Gamboa. And they are well and faithfully copied. Given in the island of Cubu, on the twentieth day of October, in the year one thousand five hundred and sixty-eight. Therefore, I, the said Fernando Riquel, affix hereunto my signature and accustomed flourish, in attestation of truth. _Fernando Riquel_.)

(I, Fernando Riquel, notary-in-chief of the government, read and made known to the said most illustrious Goncalo Pereira, captain-general of the Portuguese fleet in his own person, and to the other captains of his fleet--to wit, Alvaro de Mendoca, Don Duarte de Meneses, Simon de Mendoça, Lorenco Furtado de Mendoça, Mendornellas de Vasconcellos--the above reply and clauses, word for word, so that he might have full understanding thereof, on the twentieth day of the month of October, in the year one thousand five hundred and sixty-eight. It is understood that, although I reckon today as the twentieth of October, the summons to which this is a reply was dated on the twenty-first, all which took place on one and the same day. The cause for this difference between the Portuguese and Castilians is that the Portuguese are one day ahead. [117] This is so in all their replies and summons. I delivered this notification and summons abovesaid in the galleon "San Francisco" on the twentieth day of October abovesaid, in the presence of those above-mentioned, and Alonso Alvarez Furtado, factor of his highness; and they all signed their names jointly with me and Christoval Ponze, notary of his majesty's camp. Simon de Mendoza, Don Duarte de Meneses, Alvoro de Mendoça, Lorenço Furtado de Mendoça, Mendornellas de Vasconcelos, Alonso Alvarez Furtado, Christoval Ponze. _Fernando Riquel_.)

(This copy was collated thoroughly with the original by me, Pero Bernaldez, notary-public of this fleet. It has no interlineations or erasure which would cause doubt. There occurs only the following interlineation, namely, _entender_ ["to understand"], which was added to make it correct. The said Fernaõ Riquel was present at the collation, and signed here jointly with me and Baltesar de Freitas, notary of the fleet, who placed here his approval. Collated on the twenty-ninth day of December of the year one thousand, five hundred and sixty-eight.

_Pero Bernaldez_.)

(I certify that this copy was collated in my presence, Baltesar de Freitas, notary of this fleet, on the day as abovesaid. _Baltesar de Freitas_.)

(On the said day, month, and year abovesaid, I was present at the correction and collation of this copy.

_Fernando Riquel_.)

_Fourth summons_: Replying to this third answer of the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Espanha, I declare, as I have already said in my reply, that actions speak louder than words. Up to this point I have acted in a way pleasing both to God and to the kings our lords, being bound to serve both equally well, on account of the close and long enduring union which, always existing between the former sovereigns of Castella and Purtugual, does now likewise exist between these present rulers. And, understanding from the instructions which his highness [of Portugal] gives to his captains for such cases, that he orders them to serve the interests of his royal majesty, King Don Felipe, in every possible way not at variance with his own interests, I have in all respects thus carried out his commands and all the stipulations of the treaty; while his grace has violated the same in so many ways, principally in making traffic, on behalf of Nova Espanha, of gold and drugs from this region within our demarcation--a thing forbidden in specific terms in the treaty. This does not harmonize with what his grace says about stress of weather and the lack and necessity of ships--for one who has been engaged in traffic knows the remedy for such cases, and his grace did traffic in our gold and drugs, and sent for reënforcements, by the fleet--a thing which, likewise, does not harmonize with his affirmations. For, the fewer people the ships contained on coming from Nova Espanha, the better could his grace lodge himself therein with all his camp, there being none in the whole voyage to obstruct his way provided they had sufficient crews. But God exists, and heaven cannot be covered with a sieve; nor are there diseases of the eye so serious as to be able to hinder the perception of a thing so evident. His grace is condemned by his own captains for his transgressions against the treaty, while he himself admits that his instructions forbid him to enter our demarcation. And although, in view of the above, I was released from obligation to do him any favor, yet I have been begging him for a considerable time to make use both of me and of this fleet, since he himself possesses none, and to depart therein upon his way. Nor is it reasonable that his grace should depart alone in any of these ships; and he must be out of his senses, after staying here four years, to undertake to wait four more in this land of the king, our lord--for that is the least time in which ships can be constructed in Nova Espanha for him to depart in; and this season there could reach him only the _patache_ "San Joan," and some ship or other from Peru, a very small conveyance for so large a camp. Wherefore I beg him as a favor, and summon him, once and many times, to depart in this fleet belonging to the king, our lord,--or, better, to his majesty--together with all the people of his highness, inasmuch as this tends to the latter's service; for this is the easiest and best remedy, to depart from our conquest, and observe, at least, in part, the treaty. Likewise, I again request him to come with all his camp to this fleet, that we may both continue together the work of propagating our holy Catholic faith, and destroying the sect of Mafamede [Mahomet] in Maluco, Java, and Acheen; for as this work is so pleasing to God, it should be likewise so to so Christian a sovereign as is his majesty. And--in payment for the many times when the kings of Purtugual went to Castella to render aid to her sovereigns against the Moors who were warring against them--it would be better for us to join our forces, and change our hostility to friendship, as the battle of Selado, and the raising of the great siege of Sevilha, and many other battles in which the Portuguese added luster to their name in the service of the said kings, demand--and, in our own times, those fleets of ours which participated in the capture of Tunes, in the island of Dargel, or again in the taking of Pinhao, [118] and in many other public and private undertakings in which, with both money and arms, we greatly aided the kings of Castella. In spite of all this, his grace will not grant me a thing so reasonable and pleasing, both to God and to the kings our lords, and to the advantage of their army; but, on the contrary, so obstinately refuses to accept the offer of this fleet, and will not depart from our land, but steadily continues building fortifications and throwing up new breastworks, from which he attacked the fleet of the king our lord in this his port, and fired several shots at us from the fortress, as if we were Moors and pagans. And yet I did not allow him to be bombarded, in reply, from this galley "San Francisco," although I had cannon with which I could have caused him much anxiety; but rather retired, in accordance with my constant desire, past and present, for peace--as is seen in my reluctance to make war upon him or to be the cause of shedding Christian blood. Thus I have acted very differently from his grace, who had ambuscades laid at the fords, whither I sent my boat, peaceably, without any soldiers aboard, in order to show in all respects my great desire to avoid war. As for his grace's saying that I opened fire on his fort, it was only after I had sent him word beforehand not to make this necessary; so that the desire which has since been made evident by him was shown therein also. And a few bombardments from the boats, moreover, were not sufficient either to deter his people on land from continuing their work upon our land and sea or his grace from breaking out in open war against me with great ardor and desire; while I, on the contrary, had very little desire to injure him, but allowed many vessels, people, and provisions to go into the fortress, wherewith he could fortify himself against this peaceful fleet of the king our lord. And with regard to the clauses of his instructions which his grace had shown to me in his defense, I would say that this was of service to me; for although, it is true, one of them says that he shall go among the Filipinas islands, yet, immediately thereafter follows a contrary clause to the effect that he shall in no way transgress the treaty and agreement between Castella and Purtugual, which has the more force to prevent him from going to the Filipinas, in virtue of the more effectual words contained in the solemn covenant of the treaty aforesaid. Moreover, in regard to his grace's saying that the desire entertained by his majesty was not to enter our demarcation, and that he thought the Filipinas were in his, I would say that in all kingdoms, when it happens that doubt arises in the instructions, letters, provisions, or charters of the sovereigns, it is the custom to be guided thereby according to the intention of those who gave them. Another clause declares that, if he find us in his demarcation, he shall not do us any violence; but his grace came even to our own territory and did this, acting in flagrant disobedience to what his instructions allowed him, by undertaking illegally and wrongfully thus to dispossess us of our land and sea. And again I beg and summon him, once and many times, on the part of God, and of the kings our lords, not to do us violence, but to depart in this fleet, in the doing of which he will be doing great service to God and to the sovereigns aforesaid. And if he do not this, I declare by all the declarations of the protest sent to him through Pero Bernaldez, notary-public of this fleet, on the twenty-first of October, in the year one thousand five hundred and sixty-eight, that all the losses, deaths, dispossessions of property, and damages consequent shall fall upon his grace, while I shall remain free and absolved therefrom. I request and summon you, Fernaõ Riquel, notary-in-chief of that camp, to read and make known this response to the said Miguel Lopez, and with his reply--or without it, if he refuse to give it--to deliver to me the certain instrument or instruments which shall be necessary to me; likewise that you send me such instruments, so arranged as to be authoritative, containing all the summons, protests, duplicates, replies, rejoinders, and letters which have been exchanged and written in this affair hitherto. In this galley "San Francisco," on the twentieth day of October, in the year one thousand five hundred and sixty-eight. There is no doubt or wrong erasure herein.

_Guoncallo Pereira_.

(_Notification_: In the island and port of Cubu, in the Filipinas, on the twenty-seventh day of the month of October of the year one thousand five hundred and sixty-eight, before the very illustrious Miguel Lopez de Legaspi, governor and captain-general for his majesty of the war and of the fleet for the discovery of the islands of the West, and in the presence of me, Fernando Riquel, chief notary of the same, there appeared Roque Bras, a servant, claiming to be in the service of the very illustrious Goncalo Pereira, captain-general of the Portuguese fleet anchored in this port; and, in his name, presented this document as contained above. And he asked me, the said Fernando Riquel, to read the same, and the said governor ordered me to read it; wherefore, to carry out his commands, I did read it, _de verbo ad verbum_, as well and exactly as I could, considering that it was written in Portuguese. The said governor, on hearing the same, said that he had heard it and would respond thereto--witnesses to all the abovesaid being the master-of-camp Martin de Goiti, Captain Diego de Artieda, Captain Luis de la Haya, and Captain Juan de Salzedo, all of whom signed the same jointly with me. Martin de Goiti, Diego de Artieda. Luis de la Haya, Juan de Salzedo.

_Fernando Riquel_.)

(_Response:_ This is the copy of a response which the very illustrious Miguel Lopez de Leguaspi sent to Guoncallo Pereira, captain-general in these regions of the south for the king our lord. I, Pero Bernaldez, notary-public of the said fleet, copied the same from the original at the request of the said Miguel Lopez de Leguaspi.)