Chapter IX: Part 9
Your Majesty having granted the city of Cebu authority to despatch a ship to Mexico, it did so; and the ship left Cebu about two years ago, carrying merchandise both for the citizens of that city and of Manila, which was considered best; but, from the time when it left until now, there has been no word of it. It is thought that it was lost, which is no slight matter for this country, coming in addition to the loss of the ship "San Phelipe"--with which, and the retention of their money which the citizens of Manila have suffered, and other hardships, this commonwealth is hard smitten, as is the courage of its people. If there is any way in which to resuscitate it, it will be for your Majesty to give permission for the citizens thereof to despatch a ship of three hundred toneladas to Peru every two or three years, with the products of this country; they will not undertake to carry anything more than flagstones, ivory, and other things which are not carried from España, and this will not cause any loss to the royal customs duties of your Majesty.
33. _That it brings much damage upon this colony that the officers on the voyages are appointed by the viceroy of Mexico_.
I have already advised your Majesty of the irreparable injury resulting to this commonwealth from the appointment of the officers of the ships on this voyage by the viceroy of Nueva España; for they come here provided with money on commission, and when they have arrived here they invest it; nor is there any way to prevent them from lading the ships as soon as they have left the port. This they effect by placing their cloth in small vessels six or seven leguas away; and then they take from the ship the cloth belonging to the citizens, and lade their own, from which results great injury to this country. This was done even by Don Antonio Maldonado, son of the licentiate Maldonado, auditor of Mexico, who unloaded on a beach a great deal of cloth belonging to citizens here. This would not happen if the officers were appointed here; because those appointed would give bonds before they left, and, as they must come back and render an account, they would not commit these evil acts. Your Majesty will be pleased to order what is most expedient.
34. _That a sworn statement is being sent of the execution and fulfilment of the decrees_.
I am sending your Majesty a sworn statement of the decrees which have been put into execution, besides those which are being carried out; and the same will be sent next year.
35. _That it is customary on feast-days that the city banner should be brought out, and that the royal Audiencia should be present, and the standard-bearer should walk at the left hand of the president; and that this custom was opposed by an auditor_.
One of the principal feast-days which is kept in this city is that of the apostle St. Andrew, in memory of the victory which was on that day won against the Chinese pirate Limahon, driving him from the land when he had already hemmed this city in. On that day the city brings out its banner, and goes to vespers and mass at Santa Potenciana. In the time of the former royal Audiencia, they used to go with the pennant to the royal houses with the city officers, and from there the president and auditors set out to the festival; and the president had the standard-bearer at his left hand, and the senior auditor at his right. I am informed that the same thing is done in the city of Lima and that of Mexico. I have had this custom observed here; but the licentiate Almazan, auditor of this royal Audiencia, has denied that the standard-bearer or any other person should be stationed with the royal Audiencia without special permission from your Majesty, whom I beg to be pleased to command in this what shall be done. In the meantime, it will be continued as hitherto.
36. _That public feast-days are celebrated with veneration and dignity_.
I assure your Majesty that the other public feast-days, such as Corpus Christi, that of the patrons of the city, and the like, are celebrated with the utmost veneration and dignity in this land, where we are in the sight of so many heathen.
37. _That it is expedient that the Indians be punished with some moderate fine of money, and not in rice._
Your Majesty has ordered that the Indians shall not be punished in money fines; but as they all, in their perverseness and evil disposition, are more afraid of the punishment of taking from them a real than of a hundred floggings, the desired results do not follow, and they do not plant, raise animals, and do other things tending to the production of supplies, and to the common good. It would be well for your Majesty to give permission for the imposition of moderate fines in money. It is particularly unfitting that the chiefs should be flogged, and in regard to this the royal Audiencia has commenced to take some action. May our Lord protect the Catholic person of your Majesty through many happy years. Manila, July 12, 1599.
_Francisco Tello_
_An account of the religious orders which are in these Philipinas Islands; the provinces, houses, and religious contained in them; and the ministers whom it is necessary that his Majesty should have sent, in order that there may be sufficient religious instruction in the islands_.
_St. Augustine--60 houses; they have 163 religious, and ask for 20 each year_. The Order of St. Augustine has occupied the provinces of Tagalos, Pampanga, Ylocos, and Pintados. Being the first established in these regions, they occupy the whole country. They have in the islands sixty houses, which contain from two to three religious each--one hundred and eight being priests, and fifty-three lay brethren. They will have to establish more houses--not only for the newly-entered countries, but that there may be sufficient religious instruction in these islands. For this it is necessary that your Majesty send each year twenty religious. These might be brought at a less cost to the royal estate from Nueva España, where there are many of them; and they would do very well, as they are used to instructing Indians, and have already come half the way.
_St. Francis--40 houses; they have 120 religious, and need 50_. The Order of St. Francis has occupied the province of Camarines, and has there forty houses, and one hundred and twenty religious--ninety-seven being preachers and priests, and twenty-three lay brethren. They need fifty religious.
_The Society of Jesus has 12 houses and 43 religious_. The Society has twelve houses, and occupies the province of Pintados, in Leite and Ibabao. In them are forty-three religious--twenty-three of these priests, and the rest lay brethren. They will occupy many houses. Religious of the Society have gone to the pacification of Mindanao, where they will administer instruction and establish more houses. They have need of fifty religious.
_St. Dominic--12 houses; they have 71 religious, and need 50_. The Order of St. Dominic has occupied the province of Cagayan, where there are twelve houses and seventy-one religious. They need fifty religious, in order that there may be sufficient instruction in the province of Cagayan, where they must occupy a number of houses. Those sent should be priests, because all the lay brethren that are necessary are being received in the islands.
In all these four orders there are persons of much learning and many accomplishments, and good linguists who instruct the natives, among whom they have achieved great results. In the houses of the Society of Jesus there are two colleges--one at Manila and the other in the city of Santisimo Nombre de Jhesus--in which religious of very exemplary life teach Latin to the Spaniards and give instruction to the natives.
_Copy of a letter written in the past year (1598) concerning the erection of prebends and half-prebends of the cathedral church at Manila. Cited in clause 7 of the governor's letter of July 12, 1599_.
Sire:
In accordance with what your Majesty orders me in his royal instruction, we, the archbishop and myself, made a visitation of the cathedral church, which is greatly lacking in all necessaries, and particularly in chaplains, which is noticeable on feast-days. Accordingly it seemed advisable to institute two prebendaries, each with a stipend of two hundred pesos per year; and two half-prebendaries, with a hundred and fifty pesos of stipend each per year--to be paid in the same manner as the other canons. I beg your Majesty to have this approved, since it has been done in conformity with your Majesty's order to provide whatever was necessary. We are considering from what source the other necessaries can be provided, as, outside of the royal exchequer of your Majesty, there is at present no other fund; and the royal treasury is in great need, between the mortality of the natives and the taxations of Don Luis Perez de las Marinas; the yearly income has diminished by more than fifteen thousand pesos. We shall try our best to order affairs in the best possible way. May our Lord protect the Catholic person of your Majesty, as we your servants and vassals have need. Manila, the twelfth of July, 1598.
[_Francisco Tello_]
_Statement of the accounts received from the director of the hospital for the natives. Cited in clause 8 of the letter of the governor of July 12, 1599._
The accounts which the lord president, governor, and captain-general of these islands, Don Francisco Tello, knight of the habit of Santiago, ordered me, the accountant Bartolome de Rrenteria, to audit from the seventeenth of September of the year ninety-eight, when the said lord president was at the royal hospital for natives of these islands. He inspected and took possession thereof in the name of your Majesty; and ordered me, the said accountant, to make in his presence an inventory of the income and property belonging to the said hospital, and I did so, as follows:
It was found that the said hospital has, through the bounty of your Majesty, five hundred ducats each year, paid from the fund set aside for such purposes by the royal exchequer; one thousand five hundred fanegas of rice in the hull, one thousand five hundred fowls, and two hundred pieces of cloth from Ylocos; and a further grant of four toneladas, to be sent each year in the ships of your Majesty or others, without duties or freight charges. Likewise there was found, as property of the said hospital, a farm for cattle, with a thousand head; ten mares, four colts, and one horse; six men slaves with five married slave women, and three other unmarried women and two unmarried men; and four hundred pesos, in coin. Besides this, Antonio Valerio, steward of the said hospital, has put in charge of me, the said accountant, a quantity of money received from various persons. The said Antonio Valerio has also rendered an itemized account of the whole thereof, from the first of September of the said year ninety-eight to the end of December of the same, and the expenses in that time amount to five hundred and thirty-seven pesos and one tomin; he likewise rendered another account in this year of ninety-nine, from the first of January to the end of April thereof, and the itemized expense account amounted to seven hundred and fifteen pesos and four tomins, as appears by the book which is in my possession. Besides, all necessary provision was made for divine worship in the said hospital. The said hospital has a house of stone, amply adequate, with three halls and apartments, and everything necessary and pertaining thereto. The said steward has no further account to give, because by command of his Lordship the accounts are audited every four months, and he will give what is lacking at the end of August of this year. That this matter may be understood, I have given this, at Manila, on the second of July in the year one thousand five hundred and ninety-nine.
_Bartolome de Rrenteria_
_Copy of the instruction given to the alcaldes-mayor of the provinces and to the religious, for the Indians to render submission to the king our lord, and the measures taken in La Laguna. Cited in clause 10 of the governor's letter of July 12, 1599_.
The King: To Don Francisco Tello, knight of the habit of Santiago, my governor and captain-general of the Philipinas Islands, and president of my royal Audiencia, which I have ordered reëstablished in the city of Manila in the said islands; or to the person or persons in whose charge the government of them may be. Fray Miguel de Venavides of the Order of St. Dominic, bishop of Nueva Segovia in those said islands, has given me certain memorials and accounts of affairs, and of measures suitable for their improvement, and for the security of the consciences of the confessors, of the encomenderos and soldiers, and of other persons, particularly in regard to what affects the spiritual good of the Indians, and the obligation which rests upon me to further it. As these are matters important to conscience and reduced to two points, I directed that, for the consideration of them, certain theologians, grave and eminent persons, should meet with the president and members of my Council of the Yndias. What they agreed upon was reported to me, and I now give you its substance and the conclusion which has been reached. The first difficulty was whether the faith must be preached to the heathen by poor preachers, provided only with the support of God according to the gospel, and what has been provided by the ordinances concerning discoveries; or whether the said preachers must enter escorted by soldiers bearing arms. And the question on the second point was, whether tribute should be levied upon the infidels who are not opposed to the preaching of the gospel and are not enemies; nor is there any other just cause for waging war against them, except solely to maintain the Spaniards. "Supposing that these tributes are imposed and levied primarily with the obligation of giving instruction, and maintaining justice to those who are subjected, they should not be levied on those who are not subjects and have not received the faith." Having examined the said ordinances, it appears that what is provided in them is in conformity with the precepts of the gospel and with the justice necessary to the service of our Lord, and to the promulgation of His faith in newly-discovered countries. The bishop admits this, merely complaining of the lax execution of the decree, and the great liberty which the captains and soldiers take in interfering with the Indians and taking from them their liberty and property. Since my will has always been and is that the said ordinances should be observed, and whoever has violated or acted contrary to them in the past has displeased me, I order you that from now on you shall see to it that they be observed and carried out, inviolably. And to this end I have ordered to be sent to you--printed, and on separate sheets--the clauses which treat of the order to be observed in preaching in newly-entered countries, and how the tributes are to be levied; and the care with which, in both matters, you are to proceed--all being directed toward the good and contentment of the Indians, and their best condition, preservation, and civilization. And this you shall again cause to be published, adding penalty of death, perpetual banishment, or confiscation of property to any or all transgressors, according to the degree of their guilt. This you will execute inexorably, under penalty that, besides considering you lax in your duty, I shall have you punished with all rigor--and this infallibly, since you know my wish; and in these scrupulous matters the peace of my conscience rests upon your discharge of duty. In order that proper means may be taken in these matters you will meet with the archbishop and the newly-appointed bishops, and the superiors of the orders; and you will consider the measures to be taken to satisfy the injuries inflicted, and whether the tributes collected from the infidels contrary to the said ordinances can conveniently be restored. And if this cannot be done without great difficulty you will advise me thereof; and in the interval while advising me and while I am providing what appears to me to be best, everything shall remain in the same condition, with the peace and propriety with which I hope that you are governing both spiritually and temporally--as I charge you all to do, each in what concerns him. Likewise you will confer with the said superiors and religious, and bring it about that they shall undertake to remedy by love all which shall be found to have been done through force and fear; for, according to what the bishop tells me of these Indians, they are well disposed (not only in spiritual but in temporal matters), freely to render me submission. Done at Madrid, on the eighth day of the month of February in the year one thousand five hundred and ninety-seven.
_I The King_
By order of the king our lord:
_Joan de Ybarra_
In the city of Manila, on the fifth day of the month of August in the year one thousand five hundred and ninety-eight, the above-contained decree was proclaimed by Francisco Rodriguez, public crier, in a loud and clear voice, many persons being present, at the regular session of the Audiencia. I certify this.
_Gaspar de Acebo_
In the city of Manila, on the fourth day of the month of August in the year one thousand five hundred and ninety-eight, the governor and captain-general of these islands, Don Francisco Tello, in accordance with the royal decree of his Majesty, dated at Madrid, the eighth of February of the year one thousand five hundred and ninety-seven--which treats of certain difficulties suggested by the bishop of Cagayan [34] in the Council of the Yndias and to the royal person--assembled at the royal buildings the bishops of these islands and the provincials and superiors of the orders thereof, in consultation upon the said decree. The said governor having read to them the said royal decree, and certain ordinances treating of discoveries and pacification, exactly as is contained in the said decree, and they having heard what his Majesty orders, and having consulted thereon, a decision was reached in the said meeting as to what the governor and captain-general should command in regard to the ordinances which his Majesty sent him, and which were publicly read, as hereinbefore stated, with the heavy penalties which the aforesaid decree provides against transgressors. For the future they understand that our Lord's service demands that, by peaceful means of love, all the Indians should render voluntary and free submission to his Majesty the king of Castilla, our lord; and they offered that by themselves and the religious, and the other ministers under their control, all efforts should be made that this might be accomplished in a short time. As regards restitution for the past, it seems best to them that what can be easily effected by pious works and other means should be done; and as for the rest this means would be taken, that the religious should gain over the Indians by love and gentleness, and that they should grant the natives freedom from tributes, which were levied in times past, while they were infidels. Therefore the following persons have affixed their signatures.
_Don Francisco Tello_ _Archbishop of Manila_ _Fray Miguel_, Bishop of Nueva Segovia. _Fray Pedro_, [35] Bishop of Santisimo Nombre de Jesus. _Fray Bernardo de Santa Catalina_, provincial. _Raymundo de Prado_, vice-provincial. _Fray Joan de San Pedro Martir_ _Joan de Rivera_
Before me: _Gaspar de Acebo_
This agrees with the original, which remains in my office:
_Roque Loino de Caceres_
In the village of Lumban, province of La Laguna de Bay, on the thirteenth day of the month of June of the year one thousand five hundred and ninety-nine, by command of the alferez Gregorio Ponce de Leon, deputy of the alcalde-mayor of the said provinces for the king our lord, and father Fray Antonio de Nombela, definitor of the Order of St. Francis in the said islands, and guardian of the said convent and village--before me, notary-public of the said provinces for his Majesty, were gathered all the governors, chiefs, headmen, and lords of barangay, and most of the timaguas and common people of all the villages of said provinces, whose names are as here follow.
Don Hernando Larogajon, governor; Don Francisco Volor, Don Phelipe Paguilagan, Don Mateo Umanguil, Miguel Manaycon, Simon Paniça, Phelipe Damian, Don Gaspar Culiao, Bartolome Maconan, Bartolome Parahan, chiefs and lords, heads of barangay of the village of Bay, and several of their timaguas. Governor Don Juan Halimao, Don Diego Caya, Domingo Sati, chiefs and lords of barangay of the village of Tableco, and several of their timaguas. Lieutenant-governor Domingo Labaulon, Don Francisco Meglilo, Don Antonio Tobantahel, Don Joan Lagban, Miguel Bati, headmen and lords of barangay of the village of Pila la Grande, and other chiefs, with common people, and several of their timaguas. The governor of the village of Nacarlandos, Marcos Brigilon; his lieutenant, Lorenço Manile; Domingo Pasdeyaen, Lucas Mandig, Don Pablo Caranblin, Joan Manglas, Domingo Malapas, Mateo Madhanay, Nicolas Magpisie, Antonio Magsibo, Fruian Lionan, chiefs, headmen, and lords of barangay of the said village, and many other chiefs and timaguas. The governor of the village of Mehay, Don Joan de Mendoça; Don Esteban Luvas, Don Pablo Magbres, Don Diego Magpalo, Damian Paoaviandes, Laramas, Don Antonio Dato, Diego Malapeg, Don Lucas Tunuguli, Jusepe Vale, chiefs, headmen and lords of barangay, and other chiefs and timaguas of the said village. The governor of the village of Saloanij Guilinguilin; Don Juan Puhaban; the lieutenant, Don Francisco Caraguen; Don Francisco Bala, Don Pedro Banguig, Don Diego Limetig, Don Alonso Goor, Don Joan Pile, Don Diego Bagnor, Don Bentura Ulay, Don Christoval Rarac, Don Christoval Banguis, Don Diego Daolor, Don Antonio Quilala, Don Joan Ligno, Don Pedro Alimango, Don Francisco Dales, Don Francisco Danga, Don Luis Guinton, Venito Laquer, Marcos Abal, chiefs, head men and lords of barangay, and other chiefs, and timaguas and common people of the said village. The lieutenant-governor of the village of Panguil, Don Miguel Boag; Don Andres Talamindor, Francisco Valor, Don Juan Mabaylo, Don Agustin Labrian, Don Francisco Laguin, Don Pedro Pazhan, Don Andres Guilla, Don Andres Ama, Don Luis Lanvan, Don Lorenço Apon, Don Phelipe Panindo, chiefs and lords, heads of barangay, and other chiefs and timaguas of the said village. The governor of the village of Paoil, Don Joan Lagary; his lieutenant, Don Miguel Manduga; Domingo Pansas, Sebastian Palangan, Don Joan Valoban, Don Alonso Bulanvel, chiefs, lords, and heads of the said barangay, and other chiefs, common people, and timaguas of the said village. The governor of the village of Sampablo, Don Lorenço Lansapao; Don Agustin Magapan, Joan Masquiles, Don Antonio Calapar, Luis Lapipir, Pablo Mandol, Ventura Pilapan, Pablo Casyl, Joan Moage, Francisco Mayas, Pablo Caylo, chiefs, lords, heads of barangay, and other chiefs, common people, and timaguas of the said village. The lieutenant-governor of the village of Santa Cruz, Joan Abalasaval; Gaspar Tosol, Joan Bago, chiefs and lords, heads of barangay, and other chiefs, common people, and timaguas of the said village. The governor of the village of Pililla, Don Joan Yavi, Don Luis Abalo, Don Phelipe Bognor, Don Agustin Magcanayon, Don Pedro Canayon, Miguel Togui, Antonio Mabanta, Lorenço Lagasia, Bernardo Sampaga, Diego Manira, Martin Cosso, Juan Tangui, Lucas Ayog, Don Luys Calyas, Clemente Lagnig, chiefs and lords, heads of barangay, and other chiefs, common people, and timaguas of the said village. The governor of the village of Moran, Don Francisco Laquiao; Don Luis Limetig, Don Pablo Sosil, Don Francisco Baro, chiefs and head men, lords of barangay, and other chiefs, common people, and timaguas of the said village. The governor of the village of Lunban, Don Juan Burlon; his lieutenant, Don Joan Alaman; Don Agustin Mamija, Don Marco Ral, Don Rodrigo Pananbo, Don Phelipe Tangui, Don Ventura Marlangaley, Don Alonso Bineg, Don Alonso Posolan, Don Agustin Asum, Don Alonso Tindig, Luis Aveij, Don Diego Laval, Don Diego Gaddola, Gonçalo Lima, Don Francisco Pirangaran, Don Pablo Caliox, Alonso Paraorao, Don Diego Lahacan, Don Gonçalo Magcoli, Antonio Puragti Habanpoli, Don Juan Bambin, chiefs and lords, heads of barangay, and other chiefs, common people, and all the timaguas of the said village and government. Don Agustin Baticio, Don Marcos Manalo, Don Agustin Sandi, Pedro Cabasao, Dionisio Magsubey, Don Tomas Bagsit, Alonso Sancabo, chiefs of barangay of the said province.
And all having assembled and come together thus, both the chiefs and the timaguas, with the said Franciscan father guardian, Fray Antonio de Nombela, as interpreter, they were given to understand why they had been called together and were assembled. They were told how God our Lord had granted them great kindness and grace in keeping them under the evangelical faith, which remains in His holy church, in the apostle St. Peter and his successors, who are the pontiffs, bishops, and confessors who in His name administer instruction and point out the way to heaven. Our Lord had liberated them from the blindness and tyranny in which they were as subjects of the devil--who not only caused the damnation of their immortal souls, which are to be cared for, but likewise harassed their bodies and consumed their lives.
What is still more weighty, the most cursed and perverse sect of Mahoma had begun, through its followers and disciples, to spread and scatter through some of the islands of this archipelago its pestilent and abominable creed; but the true God was pleased at that time to bring the Spanish people into these islands, which was a cure and remedy for the mortal sickness which the said Mahometan sect has already commenced to cause in them. Besides this, the Spaniards had freed them from the tyranny with which their kings and lords were possessing themselves of their wives and goods, which was the greatest injury which could be inflicted upon them. They were also reminded of the great favor that God our Lord had granted them in giving them for their king and natural lord the Catholic king Don Phelipe, our sovereign, to maintain them and keep them in peace and justice, with much gentleness and love. Our lord might have deferred the conquest of these islands, and it would have been made by other kings who are not so Catholic, as a punishment for the idolatry which they practiced; then they would have fallen into greater blindness and sin than before, and they would not have been so rich and well-provided as they are, nor would their property have been so safe. All this is greater advantage than they had in olden days, while they were infidels. All this was declared to the above-named persons, so that, in conformity with his will and pleasure they might render submission to his Majesty, and acknowledge him as such king and natural lord; and this, notwithstanding what they may have given by word or deed, for the greater justification of the tributes enjoyed and being enjoyed, which they have given and paid, and henceforth may give and pay, both to his Majesty and to his vassals. And this writing is evidence in all times that of their own will and pleasure they have rendered the said submission and acknowledgment to their said king and lord. All the said governors and chiefs, lords of barangay, and their timaguas who are present, having understood through the interpreter the address which has been made to them in the name of his Majesty, said together and unanimously--and not only for themselves but for their subjects, descendants, and successors in the dominion and lordship of their barangays--that they recognized and held themselves fortunate in having recognized our lord; and this because he has granted them the favors mentioned, and greater ones, since the king our lord is more Catholic and Christian than other kings of the world, and under his temporal laws they have lived and are living in great security of life and property, comfort, and peace, and with more liberty than they ever thought to have, since they are free at present from all the tyrannies to which they were subject in the time when they were infidels. Therefore, in answer to what was asked them, as it was of so great importance they sought for a delay, as the time is so short, and they had not conferred and communicated with all the chiefs, nor informed those of their villages of the resolution; and so they separated, saying that there would be enough time from now until the departure of the ships in the coming year, one thousand six hundred, and that information about this negotiation could be sent then to his Majesty. This they declared, and those who could do so signed their names, also the said father definitor and guardian, and the said lieutenant, as I certify. The witnesses were father Fray de Ponto, guardian of the convent of Mahayhay; father Fray Tomas de Miranda, father Fray Bartolome Ruiz, father Fray Alonso de Santana, Fray Bernardo de Asincion, Don Francisco Bagua, Don Heronimo Aroppora, Francisco de Nombela, Gregorio Ponce de Leon.
Before me:
_Joan de Ribera_, notary-public
_Copy of the letter from the king of Camboxa to the governor of Manila. Cited in clause 27 of the governor's letter of July 12, 1599_.
_Copy of a letter from the king of Sian_.--I received the embassy of your Lordship with the greatest pleasure, and for a long time past I have desired to have a firm and true friendship between us. From now on I beg that your Lordship will keep this, and this kingdom of mine shall stand by it. And your kingdom and this kingdom shall be friends, and particularly your city of Manilha. This shall be my duty and yours for I have always looked to and upon you to keep the firm friendship. The king of Portugal alone will take arms in his hands, for in these times there are some troubles arising from the captain of Malaca, Daroca Fiaon. For this I have pledged my word to the renewed friendship, as before. As for the Portuguese, whatever your Lordship asks or orders shall be done in this country. I am very fond of you, and this leads me to keep for you all those who may wish to live in this my kingdom; I shall permit it, for I shall receive all as I have been seen to receive these, and as Captain Juan Tello said that ... I have received what your Lordship sent me; and by the same person I will send a ring to your Lordship ... which your Lordship will value. At Acibi Pacos, outside of my city. May 5, 1598.
_Statement regarding the fulfilment of the decree of his Majesty. Cited in clause 31 of the governor's letter of July 12, 1599_.
I, Gaspar de Acebo, notary-public of the government of these Filipinas Islands for the king our lord, certify to those who may see these presents that the governor and captain-general of these islands, Don Francisco Tello, knight of the habit of Santiago, in fulfilment of the decrees and instructions of the king our lord, which the aforesaid Don Francisco holds for the good government of these islands, has been fulfilling and executing them in so far as was expedient and for the service of the king our lord. The decree which arrived here relating to the pancada [_i.e._, purchase in gross] of the merchandise and cloth which come from China, directing that it should be bought by one person, and that six persons should go with it and dispose of the goods in Nueva España for the citizens of these islands--being put into execution by the said governor, was carried to the royal Audiencia of these islands in course of appeal by the citizens thereof, in which court the suit is in progress.
Likewise the said governor, by virtue of his instruction, inspected the cathedral church of this city, conjointly with the archbishop Don Fray Ygnacio (whom may God keep); and in the presence of me, the said secretary, inspected the ornaments of the said church, the plate, and other articles of the service of divine worship. They ordered the treasurer of the said church and the former stewards of the said cathedral to render accounts, so that the property and income of the said church might be known.
_Item_: By virtue of a royal decree, obtained by the petition of the late bishop of these islands, Don Fray Domingo de Salazar, when any canonry or prebend in these islands was vacated, the governor might, as these islands are so remote from the kingdom of España, present the person who should to him appear fitting for such canonry or prebend. This has been carried out and executed thus far by the said governor.
_Item_: The royal decree is being carried out and put into operation which directs the establishment of schools in which to teach the natives the Spanish language. The said schools are in charge of the fathers of the Society of Jesus.
_Item_: By virtue of a decree of the king our lord, dated in Madrid the eighth of February of the past year of ninety-seven, in which is directed the order to be followed in bringing the natives of these islands to render submission to the royal crown, and in publishing the ordinances for newly-discovered countries, these were published in this city; and the order to be observed in bringing the natives to render submission was provided for by the archbishop (whom may God keep), Don Fray Ygnacio de Santibañez, and the other bishops and provincials of these islands, conjointly with the said governor. They have begun to carry this out in several provinces of these islands.
_Item_: The said governor has ordered to be fulfilled and executed the clause of the instruction which directs that duties shall not be levied upon the Chinese or other nations in the neighborhood of these islands, as they bring provisions and military stores to provide this camp.
Likewise, in fulfilment of another clause of the instruction, the said governor took possession, in the name of and for the lord our king, of the hospital for natives which is situated in this city, and ordered accounts to be rendered of the property and income of the said hospital.
_Item_: In accordance with a royal decree which deals with the fact that the chiefs of these islands are being employed in governorships, and directs that they be honored and favored by the magistrates, this has been done and is being done by the said governor, Don Francisco Tello.
_Item_: In regard to clause twenty-seven of his instructions, by which the said governor is ordered and commanded to reduce the number of encomiendas and villages, and ordains that they be in places convenient for the administration of the holy sacraments to the natives, this is being carried out without harshness, in those regions which are at present prepared for it.
_Item_: Likewise some of the royal decrees and clauses of instruction which were given to the said governor Don Francisco Tello have not been carried out. In these it is ordered and commanded that certain things are to be done for the good government of these islands, conjointly with the archbishop thereof. As the latter died soon after his arrival in this city, they were suspended, without any action or consideration being taken of them, because the said governor was commanded to communicate and act with the said archbishop.
In proof of the truth of what is here related, by the request and command of Don Francisco Tello, knight of the habit of Santiago, governor and captain-general of these islands, I have given the present, dated in the city of Manila, on the fourteenth day of the month of July of the year one thousand five hundred and ninety-nine. I have therefore set my seal hereto in witness of the truth.
_Gaspar de Acebo_
We, the notaries-public and royal who sign here, certify and bear witness that Gaspar de Acebo, by whom this instrument is signed and sealed, is secretary of the government of these islands; and to the instruments and documents which are drawn before him entire faith and credit is given, in and out of court. That this may appear we have given the present in the city of Manila, in the Filipinas Islands, on the fourteenth day of the month of July, of the year one thousand five hundred and ninety-nine.
_Francisco de Valencia_, notary-public. _Joan Paez de Sotomayor_, notary royal. _Juan Estebes_, notary for his Majesty.
Ordinances Enacted by the Audiencia of Manila
_An act decreeing that the Sangleys who are arrested shall pay their creditors within six days, or have their services sold for debt_.
In the city of Manila, on the thirteenth of June, one thousand five hundred and ninety-eight, the members of this court, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands, while inspecting the prison, declared that, whereas, both in the royal prison of this court and in that of the jurisdiction of the alcaicería [Chinese market] many Sangley prisoners are arrested for debts of long standing, who, by not having the means to pay, or for their own purposes, being thus assured of their sustenance, allow themselves to remain in the said prisons, without making any payment: therefore, since it is advisable to remedy this evil, on account of the great expense incurred by the Confraternity of La Sancta Misericordia for the sustenance of the aforesaid prisoners, and in order that the creditors may be paid, they ordered, and they did so order, that the said Sangleys imprisoned for debts past due be notified that they must pay their creditors within six days, being warned that, if they do not, their services will be sold to anyone who will give enough to satisfy and pay the creditors, and to the amount of their debt; but if they cannot be sold, or if the creditors wish to take them to the amount of the debt, they shall be delivered to the latter in chains, in order to serve out the amount of the debt. If the said creditors refuse to receive the prisoners, they shall be notified to give them food in the said prisons at their own expense; and, on failure to do so, the prisoners will be set at liberty. Thus they voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that notaries, whether public or royal, shall be present at the review of charges against prisoners._
In the city of Manila, on the thirteenth of June, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, while making a general review of the charges against prisoners in the royal prison of this court, ordered, and they did so order, in consideration of the fact that the notaries, both public and royal, were not present at the said review with the records of the suits against the prisoners, for which reason the review was hindered, that the notaries should all be notified, collectively and singly, to be present at such review of charges, with the suits that they shall have, in order to report upon them--under penalty of a fine of four pesos for the first offense, to be given to the poor of the said prison. For the second offense they shall be rigorously punished. Thus they voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the prison warden shall maintain a stricter watch over the prisoners_.
In the city of Manila, on the twentieth of June, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, on the occasion of a review of charges against prisoners, declared that, whereas it has come to their knowledge that many of the prisoners in the said prison leave it to eat and sleep, and go to their houses and about their business, and that those who are ordered to imprison them fail to do so, so that from the aforesaid there has been, and is, a great deal of disorder, and that the warden thereof does not fulfil and observe his obligations: therefore, as it is advisable to remedy the aforesaid evil, they ordered, and they did so order, that Baltasar Martin, warden of the said prison, be notified that, now and henceforth, he shall under no consideration permit any prisoner in his charge, during the time of his imprisonment, to leave the said prison for eating, sleeping, or any other matter outside of it. Prisoners who are ordered to be imprisoned shall not be released except by order and command of the judges by whose orders they are arrested. The aforesaid warden shall observe the obligations of his office, being warned that, if he shall act contrary thereto, he will be proceeded against with the full rigor of the law; in addition to which, the penalties for not exercising his said office in accordance with his bond and pledge shall be executed against him. Thus they voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that there shall be no hucksters_.
In the city of Manila, on the twenty-fifth of June, one thousand five hundred and ninety-eight, the president and auditors assembled in this royal Audiencia and Chancillería declared that, whereas in this said city of Manila all sorts of provisions have become very dear, on account of the disorder that has existed, and does exist, through having allowed many Sangleys and native Indians to go through this city and five leagues round about it, trading and bartering the said provisions--as, for instance, rice, wine, fowls, swine, cows, buffalo, game, eggs, geese, kids, cocoanuts, bananas, pullets, capons, fish, olive-oil, vinegar, and other provisions that are gathered and raised within the five leagues, or are bought from outside from the other provinces, islands, villages, and hamlets--and act as hucksters and retailers of these provisions: therefore, as it is advisable to provide the necessary remedy in this matter, in order that the said disorder be avoided, they ordered, and they did so order, that no person--Spaniard, Sangley, native, or of any other nation, quality, and rank whatever--shall trade or barter, now and henceforth, in the said provisions, or in any of them, in this said city or within the five leagues of its jurisdiction. No huckster shall buy or retail for his own trade or profit any of the above things, under any condition, under penalty of confiscation of everything thus found in his possession which he has bought or traded for--half to be applied to his Majesty's treasury, and the other half to go to the informer or constable who exposes him, or to the judge who gives sentence. Besides this, any person who shall be discovered not to have fulfilled this obligation shall, if he be a Spaniard, for the first offense be imprisoned twenty days in the common jail; and for the second he shall be banished for six months from this city and the five-league circuit of this court, to a prescribed residence. If he be a Sangley or an Indian, he shall for the first offense be given one hundred lashes; and for the second shall serve in his Majesty's galleys, or at the forge, or in the powder-house, for a period of two years without pay. Those who obtain the said provisions by cultivation and labor within a circuit of five leagues, or who bring them from outside this city to sell them therein, may sell and bring them freely, so that it be not to the said hucksters or retailers; and provided that they bring them first to the public square of this city, or up the river in their vessels, in order that the inhabitants and dwellers in this city may be provided with whatever they may need, for the time and space of two natural days. These being passed, whatever they cannot sell they may carry away, and sell in the other towns within the said five leagues. Likewise, they ordered that no person shall go by way of the sea or the river or by highways whence come the said provisions, to take or buy them from those who should be bringing them, before the arrival of the latter with them in this city, within the five leagues, under penalty of one hundred lashes; and that the alcaldes-in-ordinary, the regidors, and other officials of this city, and the alcaldes-mayor of Tondo and Bulacan and their assistants, shall take especial care for the execution and enforcement of this act in their districts, being warned that they will be punished at their residencias, and will be charged therewith; and warning will be given to those who take their residencias that their punishment be executed. Thus they voted, ordered, and decreed over their names, and that this act be proclaimed in this city and the suburb of Tondo.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that no one shall embark for the purpose of leaving these islands, without permission_.
In the city of Manila, on the first of July, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia and Chancillería of the said islands, being assembled, and considering a petition presented by the licentiate Geronimo Salazar y Salzedo, his Majesty's fiscal in the said royal Audiencia, declared that, whereas many people who go unpunished by the royal justice for murders and other crimes that they have committed, and others for owing money to the royal exchequer, and for bringing suits against the royal treasurer, and who have other legitimate reasons for not being able to leave this city, absent themselves from it in order not to be punished, or to pay what they owe, and go to Nueva España and other places, favored and assisted by generals, admirals, captains, masters, and other officers and persons of the ships sailing from these islands, whence results much harm and trouble; therefore, in order that the aforesaid evils be remedied, and that this may not be so henceforth, they ordered, and they did so order, that no general, admiral, captain, master, or any other officer or person, on whatever vessel sailing from these islands, for Nueva España or any other places whatever, shall receive, assist, protect, or conceal, in any manner, any person of any rank or condition whatever, so that he may embark on such ship or ships--even though he may go thereon as captain, master, pilot, sailor, or in any other capacity--without securing permission in writing from the governor and captain-general of these islands, drawn up with the necessary conditions, and in the usual form. If it should happen that the said person or persons embark so secretly that they do not allow themselves to be seen by the officers of the said ship on which they are, until it is under sail, as soon as they allow themselves to be seen, the captain of said ship shall be informed thereof, in order that he may make investigation of it, ascertaining and assuring himself how and in what manner, and when and how, they embarked and where; who helped and protected them therein, and who saw them embark; and for what reason they secretly embarked. The said officers shall arrest the person or persons who shall have embarked, together with those who shall have given their favor or assistance. They shall be found guilty in conformity with the aforesaid, and placed in irons, so that at the first port where they arrive, they may be handed over, with a copy of the investigations which shall have been made, to the justice thereof, who shall keep them prisoners. On the first occasion of the sailing of any ship, he shall send them as prisoners to this city under a sufficient guard, to the royal prison of this court, delivering them to the warden thereof, and taking his testimony in the matter, delivering also the original of the said investigation. They shall send a complete and authentic copy of all the above to the fiscal of the said royal Audiencia, in order that such persons may be punished as their offenses demand. They ordered unanimously that no person, of whatever rank or condition, for any cause or reason whatever, shall leave this city, to go beyond these islands, or to leave them for Nueva España, or any other places unless he has permission in writing from the said governor, with the necessary conditions. Likewise, it shall be understood by the captains, masters, pilots, sailors, and other workmen on any ships whatever, in the manner aforesaid. In order that this act be exactly enforced, it shall be publicly proclaimed in this city and the port of Cavite. Copies shall be made of it and affixed to the doors of the royal houses, so that it may come to the notice of everyone, and no one may plead ignorance of it, so that one and all may observe it in the manner aforesaid--under penalty of a fine of five hundred pesos of common gold, to be applied to the use of the royal treasury and the interests of the royal exchequer, to which sum they hold them condemned as soon as they disobey this decree, besides the deprivation of their offices. This penalty is to be executed without any favor. Thus they decreed, ordered, and ordained.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_
_An act decreeing that one of the auditors shall have charge of reviewing the charges against prisoners every two months_.
In the city of Manila, on the fifth of August, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, being assembled, declared that, whereas there are many prisoners in the royal prison of this court, whose numbers are constantly increasing, on account of arrests for vagabondage and other criminal charges: therefore, in order that the cases of such prisoners be settled and despatched with all promptness, the charges against them reviewed during the week, and their cases substantiated and decided, and that the order and system requisite to the quick and efficient despatch of their affairs may be observed, they ordered, and they did so order, that now and henceforth, an auditor of this royal Audiencia shall, during the months assigned to him, review the charges against prisoners, at such times and in such wise as he may deem proper. The cases of such prisoners as are in the prison must be definitely substantiated and concluded, without any prisoner being able to escape, or any case to go unsettled. He shall then refer them to the court of this royal Audiencia, in order that they may be examined and decided therein. In the aforesaid examination, he shall take particular care to follow the established practice, so that there may be suitable method and system, in order to avoid long imprisonments and delays in the cases. To execute the above, full authority and power was delegated in due legal form. They ordered the licentiate Christoval Tellez de Almaçan, auditor of this royal Audiencia, to begin his months from today; then, consecutively, the other members of the Audiencia. Thus they voted, and ordered it to be registered as an act, and signed the same.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act relating to the breeding of fowls_.
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The Philippine Islands, 1493-1898 — Volume 10 of 55Chapter IX: Part 9
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