Chapter VI: Part 6

As there are no funds here belonging to your Majesty, and as this city is very poor and has no established source of income to meet the expense involved in carrying on the erection of the wall around it--which is absolutely necessary for its protection and safety because it is quite exposed without it--therefore an effort must be made to find some source of revenue in order that so important an undertaking may not be given over. I have accordingly in your Majesty's name granted the merchants' peso [_peso merchante_] on Chinese goods for two years. The amount of this is thus far unknown, because it has not hitherto been laid. The most profitable source of income is the monopoly of playing-cards which has been established for the benefit of your Majesty's exchequer. I apply the proceeds of this to the wall for the present until your Majesty commands otherwise. This amounts in one year to two thousand five hundred, or three thousand pesos. I considered that the whole amount was very small, while it was absolutely necessary to fortify this place, which is entirely open and exposed to every sort of danger. Hence, seeing that there was a great quantity of Chinese stuffs here this year, and that there were present a number of merchants from Peru and Mexico who ought to do something for the good of the city--if for no other reason than the damage they do it by raising the price of merchandise with the large amount of money they bring--I decided for this once to levy upon all, upon citizens and inhabitants of this city and these islands as upon all others who were therein, an assessment and contribution of two per cent, upon the cargo and appraisement of everyone, as appears from the decree to this effect, a copy of which I send your Majesty. All, citizens and others, were satisfied and were ready to pay the contribution which fell to the share of each, for they plainly saw how just it was to ask it. But, the very moment the bishop and his friars knew of the matter, they called a formal meeting of their theological council and in it considered whether I had authority to levy the assessment, whether I had received orders from your Majesty to that effect or not, and whether I had incurred the censures of the bull concerning the Lord's supper [_De cena Domini_], inasmuch as this was a new impost. They resolved, in fact, that I had no authority to do this, and were even on the point of declaring me excommunicated. The city was so upset and disturbed by them that open scandal almost resulted. I do not now discuss the character of this assessment, for your Majesty will see the justification for imposing it. All I have to say is that certainly, in addition to my ordinary difficulties with the bishop, this last trouble is due specially to the president and the auditors, although they know well how necessary and useful the wall is. It was because of the lack of it that the English, when they plundered the ship "Sancta Ana," were able to get away with their booty so safely. It would have been possible to attack them and to force them to give it up in the island of Oton, where they lay at anchor for some days, if it had not been that the president and auditors were unwilling to run the risk of leaving the city when it had no wall. If we had had any, no matter how few the people in it, it would have been safe. But they have not said or done anything to help me. On the contrary, they have joined the bishop in denouncing and attacking this tax because it affects them. They have loaded themselves with cloths and merchandise in such quantity that their share of the tax is likely to amount to something; and this they would be glad to avoid, like the good merchants they are. I at least do not know any other rich people here than the president and auditors; and that is the only reason why they object to the tax, to which they incorrectly give the name of "impost." This it certainly is not, for it is assessed once only and upon men such as the Peruvians and Mexicans, who are going away, and will not be obliged to pay it again, even if it is demanded. It is a great pity, Sire, that the theologians, when they are not invited and ought not to be invited to do so, meddle thus with this matter, as they do with everything else which is decreed; and that they should wish to act in all respects as a superior tribunal. This they do not only in the interior court of conscience, but with outward proceedings in the exterior court by excommunications, declarations, and the taking of measures to stop that which is being done. It is this disturbance and interference for which in other letters I beg your Majesty to command a remedy. The ecclesiastical tribunal has certainly possessed itself and gained the mastery of everything here to an extraordinary degree; and this is not consistent with exemplary conduct and life in the clergy. From the bishop down to the humblest of them, they are as good merchants as the most secular and the most skilful tradesmen. It is because the two per cent affects and includes them all, as I have said, that the theological council finds fault with it, declaring that it is not just. It is fortunate that they do not directly affirm it to be unjust; but assert that I err in laying this assessment, which the laws themselves declare shall be laid for expenditures upon defenses and walls. From this it is plain that they desire to be jurists and theologians and governors, and, under pretext of conscience, to embark in and embarrass everything. Notwithstanding, I have gone on with this tax; and all who pay it are very well pleased--except, as I say, these long petticoats, who smart under it. I believe it will amount to something, and a statement of its value will be enclosed in this report. The best of all is that, some days before the two per cent was laid, there was a meeting called at my request, and held in the bishop's house before him and me and all the regidors of the city. At this meeting were present all the superiors of all the orders; this matter was discussed, and it was decided that the tax might lawfully be levied, inasmuch as it did not exceed two per cent, and was for the public welfare; while now they have taken to denouncing it. May our Lord keep the Catholic person of your Majesty for many a long year, as Christianity requires.

Manila, June 20, 1591.

_Gomez Perez Dasmariñas_

It appears that the duty [i.e. the ordinary duty of three per cent] on the appraisals amounts in this present year to thirteen thousand two hundred and fourteen pesos and six tomins. XIII U. CCXIIII pesos.

Hence, in proportion to the three per cent duty, the duty now imposed for the building of the wall comes to eight thousand eight hundred and nine pesos and six tomins. VIII U. DCCC IX pesos.

This is without having finished the clearing of the vessels, although there is little left now to be shipped.

[_Marginal note_: "Everything that has been done in regard to the walls is approved; let this impost and the others be continued until the fortification is completed."]

Investigations at Manila Concerning Trade with Macan

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Most potent Lord:

The city of Manila in the Filipinas Islands declares that the investigation which it presents to the governor, Gomez Perez de las Marinas, was made at his request and contains its opinion. Since this document will show clearly the excellent reasons for, and the great advantage and lack of all harm resulting from, trade between Macan and the said islands and, besides the general advantage, that it would be of great importance for the commerce, trade, and conversion of Great China--the city beseeches your Highness to have the investigation examined; and to favor the said city by ordering that commerce be opened with the inhabitants of Macan, in order to enable the inhabitants of the Filipinas Islands to trade and traffic with them. Since this is a matter of so great utility and necessity, as appears from the investigation, may the city receive favor.

_Romo_

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(The city: The investigation presented to the governor. Manila, July 15, the day on which it was presented.)

I, Melchor de Baeça, declare, in the name of the cabildo, magistrates, and regimiento [9] of this city, that the rights of those whom I represent require that a formal report of this inquiry be made, in order to notify the king, our sovereign, concerning the lack of harm and the great profit which would be derived from commerce between Macan and these islands; and that, besides the benefit which the Portugese receive, this commerce would be of great importance for the conversion of Great China and for its trade and commerce with these islands. Likewise the king ought to be informed that no ships or merchants have gone or are going to Goa or other ports of Yndia to trade or traffic, or to take away their [i.e., the Portuguese] shares, bargains, and profits; and how they could pursue their business in the said port of Macan, and at Canton, without there being felt any scarcity, or enhancement of prices; but, on the contrary, a great excess of goods would remain at Macao--all that arises from the trade which they are about to begin with Goa, Chave, and other regions that maintain trade with Macan. All this would result in the great increase and prosperity of these islands, from which it appears that the said commerce, which does no harm, should not be hindered.

I beseech and beg your Lordship to give orders that the said report be accepted, and that the witnesses whom I shall put forward testify according to these questions. Your Lordship will please make a decision concerning the matter. I offer my plea to that effect.

I also beseech your Lordship to give orders that that section in the instructions which your Lordship received from the king our lord be added to this inquiry, so that I may be able to send word to the said city of Macan. I present the claim, etc.

[_Interrogatory_]

_Item_: Let them testify whether they know that the Portuguese inhabiting Macan, Malaca, and other places in India trade and hold business intercourse with the Castilians who inhabit this city and these islands; and whether the said Portuguese have derived or are deriving from it much gain, profit, and advantage, without incurring any loss or harm. The witnesses know about this, because they have been in Macan, Malaca, and other regions of Yndia, and have seen it with their own eyes; if it were otherwise, the witnesses would know, and it would not be of less importance, because they have seen it all themselves, as above stated, and are Portuguese; etc.

2. _Item_: Let them testify whether they know that a greater number of ships and much more money than in any previous year have gone to the city of Macan from the city of Goa and other places in India, to purchase Chinese goods. There was and is plenty of cloth and merchandise for all, and no scarcity is produced by the exportation which is made to India; etc.

3. _Item_: Let them testify whether they know that not only the Portuguese meet with no loss, as stated in the previous questions, but that, on the contrary, if the Castilians pursued the said commerce more frequently, making the journey to Macan a feature of their trade, they could enter Great China, for the Chinese greatly desire their trade. This would render an immense service to God and to his Majesty, because the gospel could be imparted to the Chinese from here; etc.

4. _Item_: Let them testify whether they know that no ships or merchants have gone or are going to Yndia to buy and sell, or to check their trade. The witnesses know this, because they have seen and examined it with their own eyes; were it otherwise, they would have known, seen, and heard of the matter. It must have been no less than this, since they continue to come to this city and trade with Yndia; etc.

5. _Item_: Let them testify whether they know that not only the Portuguese have gained much, without loss or injury, but that the commerce between this city and that of Macan, according to the previous questions, and the entrance into China through trade are of immense advantage for the prosperity and enrichment of these islands, as well as for that of their citizens and inhabitants. In a short time this city and port will be one of the richest which his Majesty possesses in the Yndias; etc.

6. _Item_: Let them testify whether they know that in July of last year, ninety, when Gomez Perez de las Marinas, governor and captain-general of these islands, sent a ship to the port of Macan with royal money to purchase ammunition for the fortress and fortifications of this city and the islands, promising the captain in command at Macan to favor and help him in all his needs, as a vassal of the same king and master, some inhabitants of this city sent by the said ship a quantity of money, in order to purchase goods with it, which was seized by the Portuguese of Macan who were on board. The ship would not have been sent if it had not been on account of the instructions of his Majesty which the said governor possessed. We know for certain in this city that the captain in command seized the said ship and the money, thus bringing loss and ruin to the said citizens. As to what they do not know, let them refer to the said instructions and despatches, which the said governor sent.

7. _Item_: Let them testify whether they know that the said loss and ruin has been so severe that those citizens who own nothing else are unable to support themselves, or to aid in the service of his Majesty when occasions arise, as they have done until now. They are embarrassed with debts and obligations.

8. _Item_: Let them testify whether they know that the aforesaid is generally known and manifest to all.

_Melchor de Baeça_

This interrogatory was presented to the governor, Gomez Perez Dasmarinas, in the city of Manila, on the twenty-third day of May, in the year one thousand five hundred and ninety-one, on behalf of the cabildo, magistrates, and regimiento of the city. His Lordship examined it and declared that he would order, and he did order, the attorney of the said city to give a report of his declaration before the notary, Gaspar de Azebo, whom he would entrust--and he did entrust--with the examination of the witnesses.

_Gaspar de Azevo_

_Authority given by the Cabildo to Diego Hernandez Bitoria, whom they elected attorney-general._ On November [_sic_] nineteen, one thousand five hundred and ninety-one, there met and assembled before me in Manila, Esteban de Marquina, public and cabildo notary of this city, and the magistrates and regimiento of the same--namely, Captain Diego de Castillo, Alcalde Don Francisco de Poya y Guevara, High Constable Antonio de Cariedo, Captain Joan Pacheco, Diego Hernandez Bitoria, and Antonio Garrido de Salzedo. All these regidors met, and unanimously elected and appointed the regidor Diego Hernandez Bitoria attorney-general for them and for this city. They gave him power, as he holds it and justly needs, to draw and present all the claims, petitions, injunctions, evidences, oaths, warrants, and investigations which may be fitting and necessary, and which the said cabildo would, if present, offer, in connection with all the trials and suits, both civil and criminal, which the said city might have concerning its privileges and exemptions; and in whatever process, whether in or out of court, might come before any magistrate and judge of the king our lord. They also gave him power to replace or recall attorneys, and to appoint new ones. They gave him this power, and gave assurance for maintaining it, by signing their names, and by pledging the property and revenues of this city which have been or are to be received. It was signed by Diego del Castillo, Joan Pacheco Maldonado, Antonio de Cariedo, Don Francisco de Poya, and Diego Hernandez Bitoria.

Before me:

_Estevan de Marquina_

Therefore I have hereto set my seal in witness of the truth.

_Esteban de Marquina_

[_Testimony_]

_Witness_: _Captain Poyatos_. On May twenty-seven, one thousand five hundred and ninety-one, in the city of Manila, Melchor de Baeca, attorney of this city, presented as witness in the name of the same, Captain Hernando Muñoz de Poyatos, a citizen of this city, from whom he took oath, according to law, upon a sign of the cross, under obligation of which he bound himself and promised to tell the truth. After having been questioned according to the interrogatory presented by the said Melchor de Baeca, he made the following declaration:

1. To the first question, the witness testified that the Portuguese of the city of Macan trade and hold business communication with the Spanish inhabitants of this city and of these islands; that much gain and profit has come and comes to them, and that they have not met, and never will meet any injury for coming to trade in these islands. The witness knows this because he has been in the city of Macan, and has seen that matters are as the question declares them to be. And he believes that they will surely continue thus if the inhabitants of Malaca and other regions of India will continue to trade in these islands. This is his answer.

2. To the second question, the witness, who, as specified above, has been in the city of Macan, testified that, although ships now go from Goa, from these islands, and from many other parts in greater number and with much more money to invest in Chinese goods than hitherto, there are cloths and merchandise enough for all who go there, and much is left over. This is what the witness answers, because he has found it so in the said city of Macan.

3. To the third question, the witness testified that he was convinced that if the Spaniards in these islands went to the city of Macan to trade and traffic with its inhabitants, a great step would be made toward the possibility of preaching the gospel among the Chinese, a thing which would be of great service to God our Lord, and to his Majesty. He does not know anything about what is asked of him in the rest of the question. This is his answer.

4. To the fourth question, the witness testified that he has lived in these islands more than sixteen years, and that in all this time he has neither seen nor heard that any ship had been despatched from these islands to Yndia for trading purposes; had it not been so, the witness would have known of it; nor could it be otherwise, since he has resided in these islands for so many years. This is his answer.

5. To the fifth question, the witness testified that the answer was the same as the one given to the previous question, and that, to his knowledge, if commerce is established between these islands and Macan, in a short time this city, its inhabitants, and the islands will be greatly enriched. This is his answer.

6. To the sixth question, the witness testified that Governor Gomez Perez Dasmarinas despatched a large ship from these islands to the city of Macan, and that it was well known by all that it was sent for the purpose specified in the question. Concerning the rest of the question he refers to the decrees and other documents issued by the said governor in reference to the despatching of the said ship. He has heard that the rest of the question is true. This is his answer.

7. To the seventh question, he testified that certain inhabitants of these islands sent money to Macan, and that they suffer need because thus far they have not been given the proceeds. This is his answer.

8. To the eighth question, he testified that his answer was the same as the one given to the previous questions, and that it is the truth according to the oath he took. He acknowledged it with his signature, and declared that he was more than thirty-five years old, and competent to be a witness.

_Fernando Muñoz de Poyatos_

Before me:

_Gaspar de Azevo_

[Here follow depositions, in answer to the same questions, from six other witnesses, all agreeing in the main with the facts as presented in the questions and in the deposition of Captain Poyatos, given above. The other witnesses are: Bastian Jorge Moxar, a Portuguese, Ensign Christobal Flores, Notary Alonso de Torres, Captain Juan de Argumedo, Captain Pedro Sarmiento, and Joan Sordo.]

[Bastían Jorge Moxar, besides what is contained in the foregoing, testified that the Portuguese feared any Spanish trade in the Indian country, and that the use of Spanish ships in the trade would bring great distress to the Portuguese.]

[Notary Alonso de Torres alleged that he had bought goods from the Portuguese in Manila for from sixty to sixty-five per cent above their cost price; and the Portuguese captains had told him that they could make twice as much on their investments with a trip to Manila as to any other port of the Indias, and with a shorter voyage. He was told by his intimate friend Francisco Sobrino, of Goa, that the said Sobrino came to Manila in eighty-eight with two thousand odd pesos in Chinese goods, and left a year later with eleven thousand three hundred pesos. On the ship sent by the governor, certain citizens of Manila had placed funds amounting to more than one hundred and twenty thousand pesos, the witness himself entrusting four thousand pesos to the said Francisco Sobrino, all which money was seized by the governor of Macan. He further states that he himself is one of the heaviest losers by this act.]

[Captain Juan de Argumedo reported the following conversation:] To the third question the witness testified, as before, that he was in Macan, and knows that the Portuguese are not injured but greatly benefited. While the witness was speaking with the chief captain of the said city, and the mandarin of the Chinese, the latter said: "Let the Spaniards come here and trade; for the inhabitants of your country do not come to trade with the Chinese, as the Portuguese do." The witness answered: "We are hindered by the Portuguese, who do not wish us to come." Thereupon the mandarin became much vexed, and addressing the chief captain of the Portuguese, said loudly: "How is this, does not the land which you hold belong to the king of China? The Portuguese have nothing to do in the matter;" and then, addressing the witness, through an interpreter who was there, he said: "Look you, Castilian, from now on come here and carry on your trade, and have nothing to do with the Portuguese; for we will give you all you need, as well as a passport." This witness then answered and said: "Sir, it would be better to assign the Spaniards a small piece of land near Canton, upon which to settle."

The mandarin, after a little hesitation replied: "If you will come to Canton with me, I shall obtain a _chapa_--a passport used there--from the viceroy, and shall see to it that the Spaniards make a settlement in good time." As this witness had no order to that effect, and was busy with his own affairs, he did not go to Canton, or pursue the matter further. Considering what he has seen, he believes that the Chinese desire the trade of the Spaniards; that, if the latter went there, a place would be given them for a settlement; and, if the trade were once established, he thought it certain that the holy gospel could be communicated to the Chinese, whence would follow much good to the service of God and of his Majesty. He knows this because it was in the same manner that the gospel was introduced into the realms of Xapon by the Theatin friars, who went there with the merchants. This is his answer.

[Captain Pedro Sarmiento testified that the Chinese desire commerce with the Spaniards; for when the witness was there, by order of Governor Guido de Lavezaris, the said Chinese assigned the Spaniards a definite site on the mainland for settlement and a trading-place. Joan Sordo testified that he believed the Chinese would welcome the Spaniards, and quoted a Sangley as saying to him: "Castilians, when will the day come for your entry into China? for these mandarins oppress us so that we long for the day."]

_Petition of Diego Hernandez Vitoria_

In the city of Manila, on the twenty-first day of June, one thousand five hundred and ninety-one, Diego Hernandez Vitoria, a regidor of this city, appeared before me, the notary, and before the undersigned witnesses, in his capacity of attorney-general, and declared that he would give, as he in fact did give, the power which he holds from the cabildo and regidors of this city, to Melchor de Vaeça, attorney at law; and that he would approve and ratify all the pleas which the said Melchor de Vaeça might make in this suit in the name of the said city, and as attorney of the same. He signed his name in the presence of the witnesses, Hernando Diaz, Miguel de Solarte, and Adrian Perez.

_Diego Hernandez Vitoria_

Before me:

_Gaspar de Azevo_

I, Diego Hernandez Vitoria, citizen and regidor of this city and attorney-general of the same, declare that, in order to show by the above investigation the little harm which the Portuguese suffer from our going to Macan, I need a copy from the government books, of the decrees which Pedro Brito took to Macan. Therefore, I beg and beseech your Lordship to order that the said copy be given me. I offer this plea.

_Diego Hernandez Vitoria_

On the seventeenth of July, one thousand five hundred and ninety-one, in the city of Manila, the person mentioned in the petition presented it to Gomez Perez Dasmarinas, governor and captain-general for the king, our lord, in these islands; and his Lordship ordered that the copy which he asks be given him, attested in the form prescribed.

_Gaspar de Azevo_

In fulfilment of this, I, the said Gaspar de Azevo, notary-in-chief of the government of the Philipinas Islands, caused to be made and did make, out of the government books which are in my keeping, a copy of the decrees which Pedro de Brito took to the city of Macan, and whose contents are as follows:

[_Decrees Taken to Macan_]

Gomez Perez Dasmarinas, knight of the order of Sanctiago, member of his Majesty's council, and his governor and captain-general of the Filipinas Islands. At present I am actually practicing and exercising the said office of governor and captain-general, according to the commission of his Majesty, which reads as follows:

_Commission of Gomez Perez Dasmarinas as governor; and other decrees which were taken to Macan_. Don Felipe, by the grace of God, King of Castilla, Leon, Aragón, the two Sicilies; Jerusalem, Portugal, Navarra, Granada, Toledo, Valencia, Galizia, Mallorcas, Sevilla, Cerdeña, Cordoba, Córcega, Murcia, Jaén, the Algarbes, Algeciras, Gibraltar, the islands of Canarias, the eastern and western Yndias, and the islands and mainland of the Ocean Sea; Archduke of Austria; Duke of Borgoña, Bravante, and Milan; Count of Abspurg, Flandes, Tirol, and Varcelona; Lord of Vizcaya and Molina: Inasmuch as, from the time when the Filipinas Islands were discovered in the great Chinese Archipelago, I have always given much care to the supplying of religious to preach the gospel in those far-away and remote regions, in order that our Christian religion might be spread in those islands which our Lord through His mercy chose to call to a true knowledge of Himself; and in order that a more godly success might be obtained among the natives of the said islands and others of the same archipelago, and of other neighboring lands and provinces surrounding the regions already discovered and pacified; and in order that, through the mild method of instruction, they might attain the end for which they were created, I have continually supplied Spaniards to settle those islands, so that with their presence and defense, religion might be established and its ministers protected. Moreover, wishing better to regulate affairs and to render them more stable, I gave orders for the establishment of the Audiencia and royal chancilleria in the city of Manila, of the said Filipinas Islands. But now--having heard that the said Audiencia is a heavy burden to a new and thinly-populated land; and that besides, having few matters to settle, it incurs heavy expenses for the maintenance of ministers and officers--I have decided to order the abolishment of the said Audiencia and the resumption of the same form and order of government that existed before the establishment of the Audiencia. Considering how much and how well you, Gomez Perez Dasmarinas, knight of the order of Sanctiago, have served me, and considering the many good qualities united in your person, I hereby elect and appoint you my governor and captain-general of the said Filipinas Islands, hoping that you will continue to serve me on all occasions with the love and faithfulness which my great trust in you imposes upon your person. In such capacity, it is my will that you enjoy and exercise the said offices in the cases and matters connected with and depending upon them, so long as I desire; and in the manner which the persons who have exercised them hitherto have been accustomed, permitted, or obliged to do; and as other persons who have served and are serving me in similar offices in these islands and provinces of the Yndias do, may, or must do. It is my desire that you administer justice for me, both civil and criminal, in all the cities, towns, and places, settled or to be settled; you shall also confer offices of justice, war, and others which exist in the islands. Through this decree, or a copy of it, signed by a notary, I order that the civic bodies, courts, regidors, knights, esquires, officers, and good men of all cities, towns, and places of the said Filipinas Islands, and the officers of my exchequer, and the captains, inspectors, and other persons residing there, whatever be their station, shall--after you, the said Gomez Perez Dasmarinas, have taken the oath with the solemnity required by the occasion, and according to the custom of the cabildo of the city of Manila, of the Filipinas Islands--receive you and look upon you as my governor and captain-general of the said islands, and freely allow you to enjoy and exercise the said offices, and to carry out and execute my justice in the said islands, whether it be through your agency or through the lieutenants of my governor and captain-general. I think it advisable that the offices of corregidor, alguazil, and others which you assign in the said islands shall be declared vacant and removed whenever you consider that my service and the execution of my justice demand it. You are empowered to substitute others in their places; and to hear, dismiss, and decide all the civil and criminal trials and suits which may arise in the said islands and towns; you and your lieutenants are empowered to deprive the said offices of the fees connected with and pertaining to them, and to make any investigation in former suits, and other matters connected with and pertaining to the said offices which you and your lieutenants may consider necessary for my service, the execution of my justice, and the settlement and government of the said islands and communities. In order that you may enjoy and exercise the said offices, and carry out and execute my justice as above stated, all men shall submit to you and give and cause to be given to you all the support and aid which you ask and need from them. All shall respect and obey you, and carry out your orders and those of your lieutenants; and they shall in no wise place or allow to be placed any obstacle or opposition before you, since I hereby accept and consider you as accepted in the capacity of the said offices, and in the enjoyment and exercise of them. I give you power and authority to enjoy and exercise them and to carry out and execute my justice as above stated. In case those persons, or any of them, shall not accept you as holding the said offices, I command whomsoever holds the reins of my justice in the said islands, as soon as you, the said Gomez Perez Dasmarinas, ask for them, to give and yield them up to you, and to exercise their offices no longer--under pain of incurring the punishment incurred by those who exercise royal and public offices without any authority; for I hereby suspend and hold them suspended from the said offices. You, your lieutenants, and other magistrates shall enforce, and cause to be enforced, all fines and punishments which you may inflict, which moneys are to be given and delivered to the officials of my exchequer. Whenever you consider it fitting for my service and for the execution of my justice for any of those persons, who are now or may be in future in the said islands, to leave the same and not return thither, but come before me instead, you shall send them in my name, and cause them to depart in accordance with the ordinance to this effect. You shall state to the persons whom you thus send the reasons for your doing so; but, if it seems best to give the information secretly, you shall give it enclosed and sealed, and then you shall send me a similar explanation by another messenger, in order that I may have knowledge of it. You are warned not to send any one in this way unless urged by serious reasons. Both parties are to do nothing contrary to this, under pain of losing my favor. Given in San Lorenzo, August the ninth, one thousand five hundred and eighty-nine.

_I, The King_

I, Joan Ybarra, secretary of the king our lord, had it written by his order.

The licentiate

_Hernando de Vega de Fonseca_

Registered:

_Pedro de Ledesma_, Chancellor.

_San Joan de Sardaneta_

_Clause of the instruction_. The king, our lord, sent me, in such capacity, an order through royal decree and instruction, signed by his royal hand, the original of which does not accompany this on account of its being inserted in other important decrees and secret orders relating to his royal service. The order in question reads as follows: "Whenever you think best to allow and give permission to the inhabitants of the said islands to go to Xapon, Macan, and other kingdoms or settlements of the Portuguese or the heathens, for the sake of trade, you can do so after having first carefully investigated whether there is any obstacle or danger in the journey." Since, for the reason which will be stated below, his Majesty's desire corresponds to two other royal decrees which will be shown, we have inserted here a number of original documents which successively read as follows:

The King: To Don Gonzalo Ronquillo de Peñalosa, my governor and captain-general of the Filipinas Islands, or, in your absence, to the person or persons having charge of the government. According to what I wrote you on the fourth of April of last year, eighty-one, and what you have seen since in the despatches sent by the fleet which left for Nueva España on the thirteenth of June of the said year, you must have heard that, on account of the death of the most serene, powerful, and lofty king, Don Enrrique, my uncle (may he rest in peace), I succeeded to the kingdoms of Portugal; and that their crown is united to that of the other kingdoms which I already possessed. Since for this reason all become one and the same people, and you and the Portuguese are all my vassals; and since it is right that, for the better support of my service, there be agreement and amicable relations among all, especially in these regions--where, on account of their great distance from here, one must exert himself to remedy the losses which may come from events that occur daily, without awaiting orders from here, on account of difficulties which would be caused by the delay--I command you that on all occasions, whether together or separated from one another, you maintain friendly relations and one mind among yourselves, as I have written, being careful to help, support, and defend one another alike in all needs and with great harmony and friendship, as it is right for you to do. I warn you to act in all things according to that trust I place in you, so that there may be no omission in the affairs committed to you, for this should be your chief and main aim. Lisboa, March thirty-one, one thousand five hundred and eighty-two.

_I, The King_

By order of his Majesty:

_Antonio de Herasso_

The King: To Don Gonzalo Rronquillo de Peñalosa, my governor and captain-general of the Philipinas Islands; or, in your absence, the person or persons who may hold the reins of government. You understand, from what I have written you before and what I write now, the causes and reasons why there should be a close and friendly relation between you and your people dwelling in those islands and my viceroy of Eastern Yndia, and my governor and captain-general of Malaca with his Portuguese; and how well served I shall be if, since you are all on the same footing, and since you are all my vassals, you deal, communicate, and make friends with one another, and help one another whenever occasion and need shall arise. There was little necessity to remind you of this; yet, seeing that it is so important and so reasonable that things be so, I have decided to recommend the matter to you, assuring you that I shall be much pleased thereby. If at any time my viceroy of Yndia, or the governor and captain-general of Malaca, should write to you asking to send men to his aid, you will send him the men whom you can spare from those islands, in order that he may be secure; and do so with the precaution that you shall find needful. In either case, you will give orders as one who has the matter at heart, and knows what can and must be done. Since I trust in you and your prudence, and allow you to send some troops and captains under similar circumstances, you shall ask the same to obey and carry out whatever he whom they go to help may say and order, either in writing or orally, serving him with the good discipline and obedience to which that nation [the Portuguese] are accustomed, in the expeditions and military exploits which may take place. Lisboa, on the thirty-first day of March in the year one thousand five hundred and eighty-two.

_I, The King_

By order of his Majesty:

_Antonio de Erasso_

Considering the fact that the king, our lord, is pleased to have harmony, friendly relations, commerce, and trade between the inhabitants of these islands and the Portuguese nobles inhabiting Macan, Xapon, and other regions--which things are necessary for the preservation of these his kingdoms, and the welfare and prosperity of his vassals, and the exaltation of our holy Catholic religion; and since in fulfilment of this royal desire and offer of friendly intercourse, commerce, trade, and many other things pertaining to his royal service, as I am in need of ammunition for this camp, I am forced to send a person to the city of Macan--namely, Pedro de Brito, a regidor of this city of Manila--whom I order to sail from these islands to the said city of Macan on the ship "Nuestra Señora de Conception" (or, as it is also called, the "San Pedro"), with Pedro de Solorzano as captain, and Antonio Diaz Delaleres as ship-master. I have given him permission to sail, and if necessary, to let this document serve as a permission for the voyage and the return to this city, observing strictly all my instructions and orders: therefore in the name of the king, our lord, I request and ask in my own name the chief captain of the said city of Macan, the officers of the exchequer, and the magistrates and rulers of the city; and whatever governors, captains, judges, and magistrates may reside in the said city in his Majesty's name; also nobles, and other persons who live there, and in others of his kingdoms and seigniories--of all these I request that, whenever this is shown, they examine the said royal decrees and obey and observe them. I request them to let the said regidor, Pedro de Brito, come into port with the said ship and crew, allow them to land, and communicate and trade with the inhabitants and natives in all things that they desire and need, and to offer no obstacle or hindrance; but, on the contrary, to protect and help them for their success, and in the necessary preparations which they will make, as they owe to the service of his Majesty. I shall do as much to them whenever a similar request is made of me. In the city of Manila, on the third day of July, in the year one thousand five hundred and ninety.

_Gomez Perez Dasmarinas_

By order of the governor:

_Gaspar de Azevo_

This was corrected and compared with the said government book from which it was copied. Manila, June twenty, one thousand five hundred and ninety-one. The following witnesses were present when it was corrected and compared: Miguel de Solarte and Adrian Perez.

_Gaspar de Azevo_

_The Governor's Opinion_

Sire: Having examined this investigation which the cabildo, magistracy, and regimiento of this city have made, so that your Majesty might favor the inhabitants of Manila by granting them commerce with the inhabitants of Macan, and considering the little harm which the Portuguese would suffer from it, my opinion is that, with your Majesty's pleasure, the favor could be granted, for very little trouble will follow from it. Moreover, it will benefit this camp, in that we shall be able to get ammunition, supplies, and other things from the city of Macan: for, as far as ammunition is concerned, the trade with China is closed, since no Chinese would dare to bring it over.

_Gomez Perez Dasmarinas_

This copy was made, corrected, and compared with the evidence and other decrees already mentioned, at the request of the attorney of this city of Manila, and by order of the said governor, on June twenty-second, one thousand five hundred and ninety-one, in Manila; and in the presence of the following witnesses, who saw when it was taken, corrected, and compared: Miguel de Solarte, and Adrian Perez. Therefore, I set my seal to it in witness of truth.

_Gaspar de Azevo_

We, the undersigned notaries, certify and truly testify that Gaspar de Azevo, whose signet and name are attached to this investigation, is government notary of these islands; and, as such, the instruments drawn before him, or which have heretofore been drawn before him, are to be given full faith and credit in or out of court. Port of Cavite, June twenty-third, one thousand five hundred and ninety-one.

_Alonso Esteban de Marquina_, notary.

_Tomas Perez_, notary.

_Miguel de Quintanilla_, notary-public.

The preceding was deliberated upon in Madrid on the twentieth day of July, one thousand five hundred and ninety-two.

The licentiate _Gonzalez_.

[_Endorsed at beginning of document_:

"The city of Manila in the Filipinas Islands; concerning the possibility of their inhabitants trading with those of Macan.

_Ledesma_, secretary."

"Eighty-four maravedís were paid for the examination, on July 15, 1529 (_sic; sc._ 1592).

The licentiate _Gonzalez_."

"The possible trade between Macan and the inhabitants of Manila."]

[_Endorsed on back of document_: "Investigation concerning the question of Macan; for Domingo de Uribe."]

Documents of 1592

Opinions of the religious communities on the war with the Zambales. Juan de Valderrama, and others; January 19-20. Letter of congratulation to the bishop, clergy, and people of the Philippines. Clement VIII; March 25. Letter to Felipe II. G.P. Dasmariñas; May 31. Rules for the Manila hospital. G.P. Dasmariñas; [May 31]. Expedition to Tuy. [Luis Perez Dasmariñas]; June 1. Two letters to Felipe II. G.P. Dasmariñas; June 6, 11. An embassy from Japan. Hideyoshi, and others; 1591-92. Three letters to Felipe II. G.P. Dasmariñas; June 20, July 6. Luzón menaced by Japanese. [G.P. Dasmariñas; 1592?].

_Sources_: All these documents are obtained from original MSS. in the Archivo general de Indias, Sevilla.

_Translations_: In the first document, the opinion of the Augustinians is translated by Joseph Fitzgerald; that of the Franciscans, by Victoria G. Peacock; the remainder, by James A. Robertson. The second document is translated by Rev. T.C. Middleton, O.S.A., Villanova College; the third, by José M. and Clara M. Asensio. In the eighth document, the first letter is translated by Helen E. Thomas; the third, by Mary F. Foster. The remaining documents of this group are translated by James A. Robertson.

Opinions of the Religious Communities upon Waging War with the Zambales

Opinion of the Augustinians

Your Lordship orders us to give our judgment whether it be lawful to make war on the Zambales, in view of the many injuries that they have been and daily are inflicting upon our people; and, if so be that the war is lawful and righteous, what measures may be taken to attain the end proposed therein, security.

In reply to this we say that, according to all the authorities, divines as well as canonists and jurists, three conditions are required in a war to make it a righteous one; and on these we will rest the justification of the war at present under consideration.

The first condition is that he who begins the war shall have authority; the second, just cause for making war; and third, righteous intention.

The first requires that he who begins the war and by whose order it is waged be a public person, as St Augustine declares, _Contra Faustum Manichæum_; cited by Gratian (23 qu. I. c. _Quid culpatur_): _Ordo naturalis mortalium paci accommodatus hoc poscit, ut susctpiendi belli authoritas atque consilium penes principes sit_. Whence it is clear, as St. Thomas says (2a 2æ, q. 40, art. I), [10] that a private person cannot lawfully make war; for, if he is aggrieved, he should resort to his superior for satisfaction; and it is as little within the right of a private individual to collect such a body of men as is requisite to carry on a war. The difficulty is to understand what is meant by "public person" or "prince;" for it is plain that it is not lawful for every prince or judge whatsoever to wage war. The solution of this difficulty, according to St. Thomas (_ubi supra_,) and Cajetanus (_ibi_ and in _Summa, ch. Bellum_), and Castro (_De justa hæreticorum punitione_ lib. 2, c. 4), is that by "public person" in the present case is understood the one who in his government depends not on another; such are the kings of Spain and France, also some free commonwealths, as Venice, Florence, and Ferrara: these have authority, without recourse to another, to wage war. But those princes and states whose government is not sovereign may not levy war without authority from their superior; and so the lords of Castilla and the viceroys and governors appointed by our king Philippus may not without a warrant make war.

What is said applies not when war is waged for defense against enemies, but in other circumstances; for if it is for defense, such war is permitted to any governor or king, as the authors say, because _vim vi repellere licet_; [11] and thus the viceroys and governors of the Indias have authority to levy war against disturbers of the peace and quiet of the states of which they are in charge, without necessity of resorting to his Majesty for permission.

The second condition of righteous war is that the cause for which it is waged shall be a just one, as St. Thomas says: "Those upon whom war is waged deserve it for the offenses that they have committed, and the grievances that they have inflicted upon the one who makes war on them." Thus says St. Augustine (lib. 83. _Quæstionum super Josue_, 9. 10), and Gratian quotes him (23, q. 2, c. _Dominus noster_): _Justa autem bella solent definiri quæ ulciscuntur injurias, si gens vel civitas plectenda est, quod vel vindicare neglexerit quod a suis improbe factum est, vel reddere quod per injuriam ablatum est_. [12] And as this injury and grievance may be of many kinds, so too, many and various are the just causes of war; but we will consider here only those which make for the matter in hand, confirmed by the authority of Scripture.

The first ground of a righteous war may exist when one is hindered from doing what he may by right do. This is matter of natural and divine law and on this ground Julius Cæsar, as Lucan represents him (lib. 1), made defense of his conduct in waging war against the Roman state--viz., that the state had blocked to him, a Roman citizen, the route to Rome; and so he said, arms in hand, _Omnia dat qui justa negat_. [13] On this ground, as St. Augustine says (in _Quaest. Num._ q. 43), [14] the children of Israel justly made war on the kings of the Amorites (_Ut legitimum_, c. 21), for having withstood their passage through their country when they were on their way to the promised land, although the Israelites had given assurance that they would do no damage to the lands, the crops, or the vineyards of the Amorites. And so says St. Augustine (and he is quoted _ubi supra_, last chapter), _Notandum est sane quemadmodum justa bella gerebantur a filiis Israel contra Amoritas: innoxius enim transitus denegabatur qui jure humanæ societatis aequissimo patere debebat_. [15] Upon which passage Joannes Andreas in his gloss well says: _Licet enim transire per alienum agrum jus non sit, tamen quia necessarius et innoxius erat iste transitus illi prohibere non debuerunt; item quia via publica erat et nemo prohibetur via publica_. [16]

The second ground, as I said, of a righteous war is the self-defense of the prince or of his subjects. This ground also is matter of both natural and divine right; for even as self-defense is a natural right, on which right is founded the rule of _vim vi repellere_, so too in the prince is the defense of his subjects--for the care which the prince has of his subjects is as essential on his part as is the care which each one of them has for himself; hence, if the subjects are aggrieved by their enemies, the prince may justly in their defense make war, and _vim vi repellere_. This is much better than that the individual should himself avenge the wrong; for the individual can lawfully defend himself and his property only _in continente_, as Sylvester declares (_Bellum_, 2 § 3), but he may not avenge past wrongs, _nec sua repetere_ save by recourse to his judge and superior. [17] Whatever goes beyond that is contrary to law and good government and, as Cajetan says, is _extra moderamen tutelæ_, [18] it being an essential condition of the right _vim vi repellere_ that it be done _cum moderamine_. But the prince and the state have the same authority with respect to their enemies at whose hands they have suffered injury, which they have with regard to their own subjects; and hence not only may they defend themselves lest either they or their subjects suffer injury, but they may avenge injuries by inflicting punishment, exact satisfaction for damage done, and take the enemies' lives, if so the quiet and safety of their subjects require. Under this head come the many wars waged by King David against the Philistines, mentioned in the Scriptures; as also the war of the Machabee captains against the kings Antiochus and Demetrius.

The third cause and ground is rebellion and disobedience of subjects. This was the ground of David's war with Sheba, son of Bichri, who raised a revolt, as you may read in II Sam. 20; [19] and this is what St. Augustine says (_Contra Faustum Manichæum_, I. 22, c. 74): _Adversus violentiam resistentium sive deo sive aliquo legitimo imperio jubente gerenda ipsa bella suscipiuntur a bonis ubi eos vel jubere tale aliquid vel in talibus obedire juste ordo ipse constringit_ (in c. _Quid culpatur, ubi supra_.) [20]