Chapter X: Part 10

"Don Phelipe, by the grace of God, king of Castilla [his other titles follow]. Inasmuch as, for certain reasons advantageous to my service, I have resolved to order the suppression of my royal audiencia, at present established in the Philipinas Islands, and have appointed as my governor and captain-general of them Gomez Perez Dasmarinas, knight of the order of Santiago, and you, the licentiate Pedro de Rojas (at present my auditor in my said royal Audiencia), as his lieutenant-governor and counselor, to determine matters of justice; and inasmuch as, the said Audiencia not having existence, it is advisable that for the peace and tranquillity of the said islands and the citizens and inhabitants thereof, and the good administration of justice therein, you should understand the system that you are to observe and follow in the hearing and determination of the suits, which were moved and were pending in the said Audiencia, or that will be moved hereafter: I declare, desire, and will that in all cases you shall hear, sentence, determine, and execute in the following form and manner. All the suits that were pending in the said Audiencia, and were not concluded on trial, you shall resume in the condition in which they were left, and they shall be prosecuted before you. You shall pass sentence upon them; and if appeal is made by the parties, or either one of them, from your decisions, you shall submit the appeal to the president and auditors of my royal Audencia residing in the city of Mexico, in Nueba España. You shall likewise refer to my said Audiencia of Mexico the suits that may have received sentence on trial in the said Audiencia, if appeal has been made from the sentence, so that the cases may be prosecuted before it, and sentenced in review. And if any suits were sentenced in review in the said Audiencia of the said Philipinas Islands, and the execution of the sentences is demanded, then you are authorized to have them executed, as well as the sentences given on trial in the said Audiencia in suits pending therein, and on which no appeal was made, and if the said sentences on trial were passed in a case where judgment was rendered. Likewise I declare, and it is my will, that you may hear and try the suits regarding Indians which shall be moved in the said islands henceforth, and those which might come before you on appeal from the corregidors that are and were in the said islands. In hearing the said suits regarding Indians, you shall observe the royal decree and edict given at Malinas, and the declarations that were made regarding it. In this and in all the abovementioned cases, as well as in all other suits and causes that the said Gomez Perez Dasmarinas can and ought to try, as being governor and captain-general, and you, the said licentiate Pedro de Roxas, as his counselor and lieutenant-governor, for the determination of the said suits and matters of justice, you shall observe the laws and ordinances of these kingdoms, and the instructions, provisions, and decrees, given by the emperor and king, my sovereign (may he rest in peace), and by me, and those that shall be given. And for authorization to perform and fulfil all that is above mentioned, and any portion and part of it, and all else annexed and pertaining to it, I grant you as complete and sufficient power as is required and as is needed. I order the presidents and auditors of my royal audiencias of the said Nueba España, and all the councils, magistrates, regidors, knights, esquires, officials, and good men of all cities, towns, and hamlets of Nueba España and of the said islands, to keep and observe this my decree in every point, according to the tenor of what is contained and declared therein; and that, for its fulfilment, they give and cause to be given to you the help and assistance that you request and that is necessary. And I order my said presidents and auditors of my said royal Audiencia of Mejico to hear the said suits that shall be sent there, in accordance with the above order; and that they give sentence and conclusion to them in accordance with the law and ordinances of these kingdoms, and with the said ordinances, provisions, and decrees; and none of you shall violate them. Given at San Lorenzo, August twenty-one, one thousand five hundred and eighty-nine.

_I The King_

I, secretary of the king, our sovereign, had this written by his order.

_Juan de Ybarra_"

I have been informed recently that, because of the great distance of those islands from the city of Mexico (to whose Audiencia must be sent appeals in the said causes), many, especially the poor, refuse to prosecute their suits; for in some of them the costs amount to more than the principal, besides the annoyance of the delay. This serves as a cause for grief and annoyance, from which the wealthy profit to the injury of most of that community. As I desire the relief of this state of things, I order, with the concurrence of my royal Council of the Indias, for the present that henceforth all suits for the value of one thousand ducados or less be concluded in the courts of the said Philipinas Islands. If appeal be made from the sentences given at the first instance, and substantiated in the second, in conformity with law, the case shall be regarded as closed with the sentence imposed by the said lieutenant-governor in the second instance, and no appeal can be taken from it. In suits and causes for more than one thousand pesos [_sic_], appeal may be made to my said royal Audiencia of Mexico, in accordance with the tenor of the decree inserted above. In order that this may be public and manifest, I order this my decree to be published in the said city of Manila. Given at Madrid, January seventeen, one thousand five hundred and ninety-three.

_I The King_

Countersigned by Juan Bazquez, and signed by the council.

[_In the margin_: "In order that suits and causes of one thousand ducados and less may be concluded in the court of the Philipinas islands; and, if the amount be in excess of the above sum, they may be appealed to the royal Audiencia of Mexico."]

Restrictions on Commerce

The King: Inasmuch as, whenever we have promulgated ordinances prohibiting trade between the Western Yndias and China, and regulating that of the Philipinas, I have been informed that there has been neglect in the execution thereof; and that, as the merchants and other persons in the Northern Sea who trade in these our kingdoms of Castilla, and in the Yndias, have suffered so many losses during past years, and those engaged in the profits of the Chinese trade have gained so much, the latter has increased greatly, while the commerce of these my said kingdoms has declined, on which account both these kingdoms and my royal income have received great damage: therefore, since it is so important that the commerce of these my said kingdoms and of the Yndias be preserved and increased, and that there be quite usual communication and trade between them, I have, with the concurrence of my royal Council of the Yndias, determined to prohibit by new orders--as by this present I do pruhibit, forbid, and order--in the future, in any manner and under any circumstances whatever, any vessel from sailing from the provinces of Peru, Tierra Firme, Guatimala, Nueva España, or any other part of our Western Yndias, to China, for trade or traffic or for any other purpose. Neither can they go to the Philipinas Islands, except those from Nueva España, which are permitted to go by another decree of this same date. We have ordained that, should this be done, such vessel will be regarded as confiscated, with all its money, merchandise, and other cargo. One third part of all of this shall be applied to our exchequer, a second third to him who shall give information thereof, and the other third to the judge who shall pass sentence. And further, we forbid that any merchandise brought to the said Nueva España from the Philipinas Islands be transferred to the said provinces of Piru and Tierra Firme, even when the duties imposed on such merchandise have been paid. For our purpose and will is that nothing from China and the Philipinas Islands be used in the said provinces of Piru and Tierra Firme, except what may be there at present, and for which we allow them four years, to be determined from the date on which this our decree shall be promulgated. For this purpose every person shall register what he has at present before the justice of the city, town, or hamlet, where he lives, or of which he is a citizen. Henceforth whatever of the aforesaid merchandise shall be taken to the above-named provinces, or whatever shall be found in the possession of any person whatsoever, outside of the said register, or after the conclusion of the above time-limit, we order that it be confiscated also, and divided and shared as above stated. But we permit them to bring to these kingdoms, anything of the above-named articles that they may have had hitherto, within the limit of the said four years. I order my viceroys of Piru and Nueva España, my governor and captain-general of the Philipinas, the presidents and auditors of my royal audiencias of the Yndias, and all other magistrates therein, that they observe and fulfil this our decree, strictly, inviolably, and punctually; and that they execute the penalties contained herein without any remission or dispensation whatever, as is thus my will, and as is fitting for my service. They shall promulgate it in all places where this shall be necessary and desirable, so that all may have notice of it, and none may plead ignorance. Given in Madrid, February eleven, one thousand five hundred and ninety-three. [53]

_I The King_

Bibliographical Data

The papal decree of 1591 is taken from Hernaez's _Coleccion de bulas_, i, p. 108; the account of encomiendas, from Retana's _Archivo del bibliófilo filipino_, iv, pp. 41-111; the letter by Clement VIII, from Hernaez, ii, p. 357. All the remaining documents of this volume are obtained from the Archivo general de Indias, Sevilla, being translated from the original MSS. or from transcriptions thereof; the pressmarks are as follows:

1. _Collection of tributes_ (1591)--See Bibliographical Data for _Vol_. VII.

2. _Conquest of Mindanao_.--"Simancas--Secular; Audiencia de Filipinas; cartas y expedientes del cabildo secular de Manila vistos en el Consejo; años 1570 á 1640; est 67, caj. 6, leg. 27."

3. _Ordinance regarding Chinese stuffs_.--"Simancas--Secular; Audiencia de Filipinas; cartas y expedientes del gobernador de Filipinas vistos en el Consejo; años 1567 á 1599; est. 67, caj. 6, leg. 6."

4. _Letter by Dasmariñas_ (1591).--The same as No. 3.

5. _Fortification of Manila_--The same as No. 3.

6. _Investigations at Manila_--"Simancas--Filipinas; descubrimientos, descripciones y poblaciones de las Yslas Filipinas; años 1582 a 1606; est. 1, caj. 1, leg. 3|29."

7. _Opinions of the religious orders_.--"Simancas--Secular; Cartas y expedientes del presidente y oidores de dicha Audiencia vistos en el Consejo; años 1583 á 1599; est. 67, caj. 6, leg. 18."

8. _Letters from Dasmariñas_ (1592); also all the remaining documents of that year.--The same as No. 7.

9. _Letter from Felipe II_ (1593).--"Audiencia de Filipinas; registros de oficio y partes: reales ordenes dirigidas á las autoridades y particulares del distrito de la Audiencia; años de 1568 á 1605; est. 105, caj. 2, leg. 11."

10. _Two royal decrees_.--(1) Is a part of No. 9; (2) The same as No. 6.

NOTES

[1] Referring to the _Historia natural y moral de las Indias_ (Sevilla, 1590) of Joseph de Acosta (1540-1600), a noted Jesuit writer. Markham's translation of this interesting work forms nos. 60 and 61 of the Hakluyt Society's publications (London, 1880).

[2] Evidently a reference to the convent of the Augustinians.

[3] Spanish _obispo de anillo_, literally, "bishop with a ring;" the same as a bishop _in partibus infidelium_. This means a titular bishop of the Roman Catholic church whose territory is occupied by infidels, so that he cannot reside there.

[4] Spanish _viñas_; here used metaphorically, since the natives then obtained their wine from the palm-tree, and from rice, etc. See _Vol_. III, p. 202; iv, p. 67; and V, p. 169. Cf. U.S. Philippine Commission's _Report_ (1900), iii, pp. 264-266.

[5] The allusion to this document which appears in section 8 of Dasmariñas's letter to the king of June 20, 1591, which immediately follows this, shows that it was prepared by his order, to accompany the letter.

[6] Spanish _puente_, in Retana's text; apparently an error for some other word referring to the priest at Tabuco.

[7] Evidently referring to the petition which appears in _Vol_. VII, p. 301.

[8] The university of Salamanca was founded in the twelfth or thirteenth century. The city of Salamanca, although it contains beautiful churches, owes its fame chiefly to the university. The studies were divided into the greater schools, or university proper, and the lesser schools, or colleges. In 1569 it had the following chairs: canonical law, ten; theology, seven; medicine, seven; logic and philosophy, eleven; astronomy, one; music, one; Hebrew and Chaldean, two; Greek, four; rhetoric and grammar, seventeen. It was among the very first universities to teach the sciences.

The university of Alcalá was founded by Cardinal Cisneros, July 26, 1508, under the name of Colegio Mayor de San Ildefonso. It was removed to Madrid in 1836. The building occupied by the university combined in itself several forms of architecture, not adhering to any one.

[9] _Regimiento_: the body of regidors, who never exceeded twelve, forming a part of the municipal council, or _ayuntamiento_, in every capital of a jurisdiction. See Bouvier's _Law Dictionary_ (Rawle's rev. ed., Boston, 1897), p. 860.

[10] The quotation from St. Augustine is cited in Gratian's "Decretum," in _Corpus juris canonici_; it reads thus, in English: "The natural order, fitted to promote peace among mortals, demands that the power to wage war, and the direction of it, rest in the sovereign." The other citation is from St. Thomas Aquinas's _Summa theologica_, part ii, div. ii, qu. 40, art. i.--_Joseph Fitzgerald_.

[11] "One may repel force with force."

[12] "Just wars are defined to be those which avenge wrongs; if a nation or a state is to be punished either for neglect to punish the evil deeds of their people, or to make restitution of what has been taken wrongfully."

[13] "He concedes all who refuses what is just."

[14] This reference is to St. Augustine's "Questions on (the book of) Numbers." The citation _Ut legitimum_ is to a chapter in Gratian's _Decretum_, of which these are the opening words.--_Joseph Fitzgerald_.

[15] "It is to be observed in what manner just wars were waged by the children of Israel against the Amorites; for inoffensive transit was denied to them, although by the most equitable laws of human fellowship it should be open."

[16] "Though it be not lawful to cross over the lands of others, still, as this transit was necessary and harmless, they [the Amorites] ought not to have forbidden it--and, further, because it was a public route, and no one is forbidden to use a public route."

[17] _In continente_, "on the spot;" that is, at the actual time of the assault or other wrong. _Nec sua repetere_, "nor recover his own" (by force or violence is implied). Silvester is cited in the _Theologia moralis_ of Alphonso Maria de Liguori.--_Joseph Fitzgerald_.

[18] "Beyond the due limits of [lawful self-]defense."

[19] "The Spanish writer cites "II Kings." But the books designated "I and II Kings" in the Septuagint, the Vulgate, and the Catholic canon are called in the English Bible "I and II Samuel."--_Joseph Fitzgerald_.

[20] "Whether at command of God or that of some legitimate ruler, wars are undertaken even by good men, to be waged against the violence of rebels, when civil order itself justly constrains them either to command such action or to obey [_i.e._, to serve in the army]."

_Quid culpatur_ is the opening of a chapter in Gratian's _Decretum_, a section of the canon law, and serves as the title of the chapter.--_Joseph Fitzgerald_.

[21] "What is condemned in war? Is it that men who at some time must die, die in war? It is for cowards to fault this, not religious men. The desire to do injury, the cruelty of revenge, unappeased and implacable hate, the wild passions of rebellion, lust of power and the like--such are the things which are justly condemned in wars."

[22] "With God's true worshipers even wars are not sinful if they are waged, not through greed or with cruelty, but for the sake of peace, that the wicked may be repressed and the good sustained."

[23] "We wage war that we may live in peace."

[24] "Peace is not sought that war may be waged, but war is waged that peace may be won."

[25] "He hangs him out of hatred."

[26] "When from dissensions and factions results, not peril to this one or that, but slaughter of whole populations, then severity must be relaxed somewhat, that sweet charity may intervene for the healing of those greater ills."

[27] "Whenever evil is done by whole populations or by a multitude, then, because it is not possible to punish them all, on account of their great number, the matter usually passes by unpunished."

[28] "The multitude should be spared."

[29] "For when there are so many who fall that they defend their former iniquity by authority, and who make, as it were, a business of sinning, that hope itself must be cut off."

[30] "As war is lawful, it is lawful to use the means needful to attain the end, which is victory."

[31] "Plunder is no longer allowable."

[32] Juan de Valderrama was the head of the Augustinian missionaries sent to the Philippines in 1582. He had much executive ability, and, besides conducting one or more churches in the villages near Manila, held successively important posts in his order (prior provincial, from 1590). He died in 1618. Alonso de Castro came to the islands in 1577, and was missionary in several villages, both Tagalo and Bisayan, as he had mastered both languages. Gifted as a theologian and orator, he was designated by Felipe II as bishop of Nueva Cáceres, but died (1597) before he could exercise that office.

Lorenso de León came in 1582, and held many high positions in his order there. In 1606 he returned to Mexico, where he died in 1623. Juan Vega Tamayo who arrived in the same year, remained until his death (in 1603), most of his time being occupied in official duties at Manila. Of Antonio Serrano it is only known that he occupied various official positions in the Manila convent from 1590 to 1596. Diego Gutierrez was a missionary in Luzon from 1578 until his death in 1613.

Diego Muñoz came in 1578, and was professor of theology in the Manila convent, missionary to the Chinese at Tondo in 1581, the first commissary of the Inquisition in the islands (see his instructions, _Vol_. V, pp. 256-273), and prior provincial from 1587. He died at Manila in 1594. Diego Alvarez was in the islands from 1578 until his death (1601) mainly engaged in official duties. Alonso de Montalban came in 1590, and died in 1604. Matías Manrique came in 1586, and died in 1593. Alonso Paz is known to have been in Luzon during 1591-93.

The above information is obtained from Perez's _Catálogo_.

[33] This was doubtless St. Pedro Bautista Blazquez y Blazquez Villacastin, born June 29, 1542, of a noble Spanish family. He made his religious profession in the Franciscan order, in 1567. After some time spent in Mexico, he came to the Philippines, where his first task was the instruction of Tagals in music. In 1586 he was chosen as custodian of the Franciscan communities there, which office he held until 1591; he was then appointed guardian of the Manila convent. He was very active in mission work in the islands, and founded several convents and villages. In 1593 he was sent by Governor Dasmariñas as ambassador to Japan; was afterward placed in charge of the Franciscan missions in Japan; and founded a hospital for lepers and a convent in the city of Miaco. On February 5, 1597, Father Bautista with five of his brethren, and a number of Japanese converts, were martyred at Nagasaki. He was beatified in 1627, and canonized by Pius IX in 1862. See Gomez Platero's _Catálogo biográfico_ (Manila, 1880); and Santa Inés's _Crónica_, i, pp. 452-466.

[34] The document here mentioned is an official report of certain conversations between Dasmariñas and Rojas; it is not presented here, because it is of little importance or interest.

[35] Contract for disposing of goods by wholesale.

[36] An extensive synopsis made by some government clerk is written on the back of this letter.

[37] An extensive synopsis of the letter was made by one of the government clerks.

[38] The conquest of Korea was not accomplished until 1592, although the preceding year had been spent in vigorous preparations for the campaign. Hideyoshi evidently made this statement in boastful anticipation of success. His design was to conquer, at one blow, both Korea and China.

[39] The device of Hideyoshi was a bundle of gourds.

[40] As explained in the letter of Gomez Perez Dasmariñas, of June 11, 1592. (_q.v._ p. 256, _ante_), two copies of the translation of this letter into Spanish were sent to Spain. The above, which is the second in the document we follow, bears title "The same letter translated by the ambassador, through an interpreter." The other copy was the one made by order of the governor in Manila. As the governor states in his letter, they are alike in essentials. The first letter is dated "The year nineteen of Tienche, in the ninth month, and on the nineteenth day of the month. The Quanpec of the kingdom of Japon." See another version (in Spanish) of the second letter, with still other variations, in Santa Inés's _Crónica_, ii, pp. 545-547; the editor of that work states that the date of the letter--which, however, is there given as "the 13th year of Tenjo, 11th month"--corresponds to the year 1591.

[41] This letter, as found in the archives, is written on a separate sheet and is inserted in the fold of the following letter.

[42] "A corruption of Kuwambaku, the Japanese designation of a regent appointed by the Mikado. The holder of this office at the time here referred to was Hideyoshi, one of the most notable rulers of Japan. Born in 1536, he entered the army when a youth, and rapidly rose to its head. He was appointed regent in 1586, but in 1591 abdicated in favor of his adopted son, Hidetsugu--retaining, however, actual authority until his death in 1598. This embassy to the Spaniards in the Philippines was but one evidence of Hideyoshi's insatiate arrogance and ambition; for he planned to subjugate China and all the other countries within his reach. For the history of his reign, see J.J. Rein's _Japan_ (London, 1884), pp. 277-294; David Murray's _Story of Japan_ (N.Y., 1894), pp. 184, 190-226; and W.E. Griffis's _Mikado's Empire_ (5th ed., N.Y., 1887), pp. 236-243.

[43] The Japanese calendar was based upon the lunar year; and the years were divided into cycles of sixty years each. Besides this division, there is another and more arbitrary one, into periods between important historical events, which divisions are named from a list of Chinese words specially set aside for this purpose. The name used in this document, Tienchen, is that of one of these historical periods; it is written "Tensho" by Griffis, and its dates given as 1573-92. See Rein's _Japan_, pp. 434-437; and Griffis's _Mikado's Empire_, pp. 623-626.

The place from which the letter was written was probably the town of Shiuri, the chief port of the Riu Kiu (or Loo Choo) Islands, known to the Spaniards as Lequios. See Basil Hall's "Bibliography of Luchu," in _Transactions_ of Asiatic Society of Japan, xxiv, pp. 1-11.

[44] A different version of this letter is given by Santa Inés, ii, pp. 547-549.

[45] La Concepcion states (_Historia_, ii, pp. 217, 218) that Faranda had come to Manila in 1591, and, having carefully observed the condition and defenses of that city, returned to Japan and informed Faxevedono (Hideyoshi) that he could easily conquer the Spanish colony in the Philippines.

[46] Juan Cobo was a prominent member of the Dominican order in Manila. He accomplished his errand as envoy to Japan, but on the return voyage was shipwrecked, presumably on the coast of Formosa; it is supposed that any who might survive the wreck were slain by the natives. See La Conception's _Historia_, ii, pp. 223-229.

[47] Span., _yo beso vras Reales manos_, "I kiss your royal hands."

[48] Salazar embarked for Spain in this year of 1592, and after his arrival there obtained from the king various favors, and a considerable gratuity for the adornment of the Manila cathedral. The king determined to relieve Salazar's burdens by erecting new dioceses in the islands, and creating him archbishop. While preparations for this were being made, the aged bishop died at Madrid, Dec 4, 1594. See La Concepción's _Hist. de Philipinas_, ii, pp. 192-194; also biographical sketch in _Cartas de Indias_, pp. 837, 838, where are mentioned his writings (one of which was printed).

[49] A court of canon and civil laws, in opposition to the inner court, or tribunal of conscience. (See vol. vi, p. 260, note 51.)

[50] A synopsis by a government clerk is written on the back of this letter.

[51] The writer apparently confuses the Dutch with Germans.

[52] The reply here mentioned is not preserved with this document.

[53] On February 9, 1594, Garcia Hurtado de Mendoça, marques of Cañete, and viceroy of Peru, ordered this decree to be delivered to the royal officials of Ciudad de los Reyes, who in turn ordered it to be promulgated in due form by the herald.