Chapter VIII: Part 8

The Marques of Montes Claros, [31] viceroy of Nueva Hespana, last year made the allotment of the money which your Majesty has graciously permitted to be assigned to the citizens of these islands. As this cannot be done punctually in Mexico, and there are in that country interested persons--perchance the very ones who are apportioning the money, or giving their advice therein--there have been many complaints. This could not be otherwise, as Mexico is so far away and they cannot know there what each of the citizens here has and deserves, and what ought to be given them. The viceroy writes that he did the best he could, and could do no better, and accordingly I believe him. He likewise wrote me to send him some information in regard to this matter. What I have done is to appoint eight persons from the most honored of this colony, and disinterested in the matter of partnership, to make the allotment among the citizens, as is done with the cargo, considering what is most expedient and most just and satisfactory for the people; and it has been so done. I have allotted to the distributers themselves their own part because I was not willing that they should allot it. I have sent the memorandum to the viceroy. Your Majesty will be pleased to order that the said allotment be made in accordance therewith, as well as the licenses; and that, this be continued from year to year; for it is most expedient, and with it there will be less uncertainty and fraud.

The royal treasury of these islands is in great need of inspection and reform. It should be put in good order and well regulated; for, according to the officials, there are no ordinances, nor is there proper government and administration for the property. Although I do what I can to maintain it, some measure must be taken in this regard which will be more radical and put it on an entirely different footing from the present one. The original inspection made in past years was by the factor, Francisco de las Missas, alone. I have this in my possession, and a copy of it was sent to the Council by Doctor Morga, who took it. As the commission for the inspection of the other officers--delivered to me in order that the late licentiate Cambrano, might make it--covers only the time of four months (which is not even a long enough period to look over the papers), I instructed them to take a further adjournment, so that this vacancy in the inspector's office should not cause the neglect of necessary work; and accordingly I am doing so at present. Your Majesty will command according to your pleasure.

It has likewise seemed best to give your Majesty an account of the inexpediency of appointing as inspector of the auditors any of their companions, especially those who have exercised that office at the same time with them, and given judgment in the same affairs; for if one of them has acted unjustly, the other one may have done so as well, and might not perform his duty in reprimanding or inspecting those whom he should. Your Majesty will order as is most expedient.

In the despatches which I have sent from here since I arrived via Nueva Hespana, I have advised your Majesty of the great difficulty which lies in the appointment by the viceroy of Mexico of persons there, as the commanders, admirals, and other officials who come and go on the ships; and how important it was that they should be appointed here from those who have here served your Majesty, for the reasons which I there gave, as your Majesty will command to be examined. The same matter confronts me now, and every day I am coming more to see the great injury which this commonwealth suffers, without finding any means for its redress. I promise your Majesty that I am not moved to this step by the greater importance which this office will then have, but only for the service of your Majesty, and by seeing that this is as I have said in my other letter; and that there is great need of reform, in order to ward off disaster at all points, for it is very near. May our Lord protect the Catholic person of your Majesty, in the prosperity which is necessary for Christendom. Manila,

July 15, 1604.

_Don Pedro de Acuna_

It is not expedient that there should be an Audiencia in the Philipinas.

Sire:

For a long time I have been reflecting upon the matter which I shall here mention, and many times I have resolved to give your Majesty an account of it, and of others as important. I have been kept back and restrained, by fear that it might or could be suspected that I was moved by some personal interest or passion; but owing to the difficulties which have confronted me in one way and another, having consulted and conferred with serious religious and other persons, both ecclesiastical and lay, who look at the matter dispassionately [_MS. defective_] resolved not to delay any longer, for it appeared to me that otherwise I did not act in accordance with the obligations of my office, or the favor which your Majesty has done me by putting me in this position.

Your Majesty has a royal Audiencia in these island with four auditors, one fiscal, and other officers, whereby your Majesty spends each year sixteen thousand five hundred pesos. It seems that this might be dispensed with for the reasons set forth in the paper which goes with this, and to which I refer, only adding (what I may say in all truth) that, although this commonwealth is in the greatest trouble, through the many causes of death, wars, conflagrations, afflictions, shipwrecks, and the destruction of so much property, as your Majesty has learned, there is nothing which it feels more keenly today, or which afflicts it more, than to have the Audiencia here judging, and with it to lack all freedom of person or property. The name of auditor is so odious here that it alone offends; and we have come to such a state of affairs that because I, in conformity to what your Majesty has ordered, have attempted to maintain and have maintained amicable relations with the auditors; and have shown, on various occasions, more patience and endurance than the people considered right; and more than seemed fitting to my situation, in order not to give rise to scandal: some have conceived hatred for me, publicly saying that, to comply with the expenditures and opinions of the said auditors, I was neglecting to look after them, and that I could correct the evil which the Audiencia was doing. But as I cannot do that, it has seemed to me the best means to let the public see that there was good feeling between me and the Audiencia, and to give an account to your Majesty now of the reasons which lead me to this conclusion, in a letter separate from other matters, as I am now doing, and to which I refer you. I shall end by saying that I remind your Majesty that no private interest moves me to take this step, but merely the obligation and zeal which I have always had and now have for the service of your Majesty. This is vouched for by the fact that, a year ago, I sent my brothers the order and authority to beseech your Majesty to be pleased to grant me the favor of commanding an appointment for this charge, and giving me permission to go to Espana, where I might continue my service more nearly in the sight of your Majesty; and although I hold it certain that this was not neglected, I would again on this occasion lay on them the same obligation, and beg your Majesty to be pleased to command that my request be favorably regarded. May our Lord protect the Catholic person of your Majesty through many long years, with the prosperity necessary to Christendom. Manila, July 15, 1604.

_Don Pedro de Acuna_

[_In the margin_: "Let it be answered that his letter is received, and have him thanked for his zealous interest and care in all that he mentions. Respecting what he says of abolishing the Audiencia, suitable measures have been taken, and for the present nothing will be done in regard to it. As to the general statements made in his report, in regard to the trade and traffic which he speaks of and the proceedings of the Audiencia, let him give particular information of what auditor or officer is trading in this way, and whatever is worthy of correction--so that, having considered it in the Council, fitting measures may be taken."]

[_Endorsed_: "Manila, to his Majesty; 1604. Don Pedro de Acuna, on the fifteenth of July, concerning the inexpediency of having an Audiencia in the Philipinas. July 20, 1606, examined and decreed within."]

Reasons why there should be no Audiencia in the Filipinas Islands, and why the one there should be abolished.

In all the islands there are not more than twelve hundred Spaniards; and the suits are so few that for the greater part of the year the Audiencia has nothing to do, and there is no business to be despatched therein, and the auditors are dismissed after having passed judgment on a few petitions from Indians--and sometimes not even these, because none are presented. The administrative session is just the same, and most of the time only exists in name.

There are no cases here of importance which cannot be adjudged by the alcaldes-in-ordinary; and if we had a lawyer for a lieutenant-governor, as we used to have before the said Audiencia was established, that is sufficient for business--which would be despatched with less difficulty, and without the Audiencia being missed; for when there is any suit of importance, which seldom happens, appeal can be made to the Audiencia of Mexico, as was formerly done.

It must be taken into consideration that each auditor or fiscal brings with him, his household, wife, children, and relatives, who are drawn by the idea of coming to the Yndias, and has other creatures and connections; and for one and all of them he must procure aid and favor so that they may become rich; for this is the aim and intention with which they come here. Accordingly, although your Majesty has commanded that the livings and offices of these islands be given to the old citizens and those deserving of these rewards, the auditors and their wives bring it about that the said relatives, dependents, and other persons whom they bring with them are the first to be provided for. If the governors do not consent to this, the auditors dislike them, and seek means and expedients whereby the worthy persons to whom the said offices and livings are given shall not be received therein. Accordingly the governors, in order not to displease the auditors, give up their claims and dare not insist upon them.

The said creatures and connections of the said auditors trade and traffic a great deal in merchandise from China; and the citizens complain that it is with the auditors' money (their own, or borrowed), and that with the favor they receive they cause great injury to the commonwealth, for they take up the whole cargo. They desire to be preferred therein, and in buying the cloth, and in every other way, try to take advantage. If the president wishes to remedy this they do not cease to offer him little annoyances; for the auditors know how to magnify themselves, in such a manner that they give one to understand that any one of them is greater than he; and they attain this by saying that what the president and governor does they can cancel, and that what the auditors decree has no appeal, recourse, or redress.

This country is not at peace but at war; and it is therefore more fitting for the time being to attend particularly to military affairs and to the government, for our defense, than to keep courts of high justice. For in countries so new the rigor of the law should not be applied in all cases; and, when some punishment must be applied, they say that it shall not be done, and are of no use except to undo what the governor and captain-general orders (as well in matters of war as of government), although these things may be quite just.

All the resources of this land are scanty, but if there is anything good the auditors also say that they want it for themselves; and when there is a Chinese embroiderer, tailor, carver, or other workman, they proceed to take him into their houses and have him do much work--in such a way that the Sangley himself has no freedom. Such benefits do not extend to the citizens; but rather, if any of these things are available, the said auditors demand them and by entreaty or intimidation get possession of them. It is the same thing in regard to jewels, slave men and women, articles of dress, and other things--in such manner that, as experience has proved to me since I have considered it very well, when there were very few officers in this colony affairs went more smoothly, and the affairs of the service of God and your Majesty in a more orderly manner. Aid could be given to the one or the other, and to the defense of this land, with fewer hindrances and less difficulty; for in my opinion there is no one who in one way or another is not seeking his own gain and private interest, and the more there are of them the greater injury is wrought. We are compelled to overlook these things, and others of more importance, that we may not experience worse trouble; for we are unable to do more, as your Majesty is five thousand leguas from here, and redress comes so slowly.

The same trouble arises in the matter of provisions, each one looking after the care of his own house without considering the needs of others or of the poor, who should be looked after; consequently nothing can be heard but complaints and clamors from the people--poor and rich, and of all conditions--loudly asserting that the auditors are seeking everything for themselves.

Since in what regards the payment of their salaries they consider and assert that these must be preferred and the first paid even if it be from the stated fund for the religious orders, bishops, ministers of instruction, and for the military forces, who are before them in order--they have difficulties and misunderstandings with the royal officials; and as the said auditors do not care for the great importance of paying the soldiers, and look only to their private interests, I have had many complaints from the said royal officers, as they must have written you.

The soldiers, captains, master-of-camp, and military officials are greatly discontented and grieved at the ill-treatment which the said auditors accord them; and at seeing that they are hindered by them, an auditor commanding at his will the arrest of a captain, official or soldier, without cause or reason, and interfering in all the details of service--even going so far as to inspect their quarters, and send them to the public prison, for very trivial affairs, against all military precedents. If affairs are going in an orderly and concerted way, it is when the auditors do not meddle with them; for all this concerns primarily the chief commander and officers provided therefor. Judging by the state in which things are in the Filipinas today, and in the opinion of right-thinking men, soldiers are of more use and benefit in the commonwealth than are judges, for the former do more than their share, and the others are deficient. Considering the evil which results to the soldiers from seeing themselves punished and checked by so many magistrates; the hardships which they so commonly endure, and the occasions which are every day arising where these are necessary; and in view of the scant and poor pay which is given them, and as they are the defenders of the land, and are so far distant and little favored; and seeing the great hindrance which the Audiencia is for military affairs--for they will give no opportunity for the execution of edicts, nor do they attend to what is necessary, as it appears to them that they are sufficient for everything; and that they can manage this matter like those which they have studied--we may fear some irreparable injury. We should immediately prepare for this, especially as the enemies which we have here are not like those in other parts of the Yndias, but much greater in number and more skilful in war, and accordingly more adroitness and prudence are necessary to maintain us; and the soldiers must be content and well paid, and ordered by their leaders, of whom they should not have so many.

The property which your Majesty has here is very little for the ordinary expenses which every day arise; and if it is not brought here from Mexico with more care and punctuality than hitherto, affairs cannot be maintained here in any way. Even with that which is sent we suffer much hardship; and accordingly it is necessary to avoid expense, so far as is possible. That which is incurred for the auditors and Audiencia is not so insignificant, as it is not less than sixteen thousand five hundred pesos, not counting other expenses; and then the fines from condemnations, which they apply to suit their own convenience. These amounts, taken altogether, would be enough for an armed fleet, with which to help in the defense of this land--which is needed badly enough, but which for lack of money we cannot equip--and many other things could be remedied. In the future there will be still more difficulty in this matter, because of the extraordinary expenses which have resulted from the uprising of the Sangleys, and the deficiency which on this acount has this year resulted in the royal duties on merchandise from China, which goes as high as thirty-five to forty thousand pesos; and there is a further loss of five or six thousand pesos each year, which is the amount of the tributes from the Sangleys--an income that we formerly received, which is now at an end. Consequently, I do not believe that the Audiencia will be of any use at all, but rather it will cause great injury to the service of your Majesty and the welfare of this commonwealth. Even if the two were not rivals, I doubt very much if the Audiencia could be maintained without there being great deficiency in everything else, if their salaries are to be paid here. I consider it more advantageous and safe to spend what the said Audiencia draws in salaries, to aid in paying the soldiers and maintaining the fleet of galleys which [_MS. defective_] we defend, and not the presence of the said auditors and Audiencia, as they themselves assert who were of the opinion that the Audiencia should again be established; for this country is not even in a state to be able to bear such a burden, as it is so ill provided, as I have said, and so borne down with troubles and even with war.

Likewise another difficulty is presented, as the treasury is always straitened; and, on account of the great care which the auditors take to collect their salaries, as it cannot be so prompt as they would wish, they seek borrowed money from the citizens--who give it to them, willingly or unwillingly, each one according to his means or designs. From this follow difficulties, to which they pay no heed; as some of them demand these loans from persons who are parties to suits at the time, who grant these to the auditors in order to place them under obligations, and profit by them.

The difficulty which presents itself to me in this matter is that, if the Audiencia is abolished and everything left in charge of the governor, there will be but slow and poor remedy for the grievances and disorders which may occur. For they must be taken to the Audiencia of Mexico, which is so far away that the aggrieved ones would consume both life and property before the business was settled. Several difficulties occur to me, which are connected with this; but having informed myself fully on this point as to what has happened in the past, all say that they consider government by one person the best, when he governs justly. These men know what the governor can do without the Audiencia, and with it; and they believe that it is better when there are not so many to command them, for they have never seen the audiencias redress illegal acts by the governors. I therefore consider it better, before God and my conscience, that your Majesty should choose for this charge some gentleman and soldier who has proved trustworthy, and whose mode of governing and procedure has been learned and tried in other offices. He should be a good Christian, and, above all, not greedy; for if he is affected with this last the country is ready and eager for an alteration of its condition, whereby the same losses which we have seen in other cases might be caused here.

I am likewise confronted with another difficulty, which is redress for violations of the law by the ecclesiastical judges; but these are cases which seldom happen, and it does not seem just, in order to settle an affair of this sort, that others of a different nature should be deranged, and that an opportunity should be given for so many troubles as result from the contrary--especially as we might attend to such a case by some suitable means, referring it to trustworthy persons here, who would take it in charge.

Although there is no doubt that much of what this paper recounts occurs in other regions where there are audiencias, it must be remembered that in this country, which is the newest of all and more engaged in war than any of the others; and where the hardships of conquest and maintenance are so omnipresent; and your Majesty has little profit or advantage, except the cargo of cloth which goes to Nueva Hespana, and which is divided among all; and as the resources of the country are so scant that there it no place to go in order to seek a livelihood outside of Manila: there is much criticism in this matter, and the people are much grieved at seeing themselves in the utmost part of the world, harassed and troubled by so many magistrates and officers and their dependents, and at having so many to satisfy; and that matters are in such a state that he who has an auditor for a protector may, it appears, go wherever he wishes and with as much as he wishes, and he who has not must be ruined. Dated at Manila, July 15, 1604.

_Don Pedro de Acuna_

Sire:

There is in this city a seminary named Sancta Potenciana, of which your Majesty is the patron, where the daughters of the citizens of these islands are sheltered, and carefully taught and instructed. It has been visited by the archbishop of the islands, Don Fray Miguel de Venavides, and when he observed the custom that obtained of allowing the wives of citizens to enter within the seminary, he issued a decree with censures, ordering that no person, without any exception, should have entrance there. The fiscal of your Majesty considered this a matter for complaint, saying that it was not in the said archbishop's power to do this, as the matter did not concern him. The case came before this Audiencia as one of fuerza. When the proceedings were examined, he was charged to raise the said excommunication, and leave the matter as before, as it was purely a case for the [secular] government, and concerned the governor of these islands, who represents the royal person of your Majesty by virtue of the royal patronage. Various controversies regarding this having arisen, and answers on the part of the archbishop, this Audiencia continually overlooked his actions that they might avoid a rupture with him, as your Majesty will see by the documents that accompany this. Since it is most expedient that in the future he should be restrained from issuing such decrees, and that scandals should not become necessary, we beseech your Majesty that, after having examined this matter, you will take such action as is expedient for your royal service.

[_In the margin_: "Santa Potenciana. Take this clause in the process cited to the reporter." "Elsewhere provided for."]

On two voyages from Nueva Espana Don Diego de Camudio Manrique has come to these islands as admiral and commander. He has enjoyed our entire confidence, and has discharged his duties to the entire satisfaction of all in these islands; nor has anyone ever said anything about him other than that he is a good servant of your Majesty. All this, and the great ability displayed by him in so few years, constrain us to make this representation to your Majesty, as we have no authority to reward him. May the Lord protect the Catholic person of your Majesty. July 19, 1604. In session.

[_In the margin_: "Recommendation of Don Diego Camudio Manrique, telling how meritorious he is, and how worthy to receive reward."]

_Don Pedro de Acuna_ The licentiate _Don Antonio de Ribera Maldonado_ The licentiate _Tellez Almacan_ The licentiate _Andres de Alcaraz_ The licentiate _Manuel de Madrid y Luna_

DECREES REGARDING RELIGIOUS ORDERS

Sire:

The order of the Recollects of St. Augustine [32] desire to be established in the Indias, and have entreated your Majesty to order that permission be given therefor, and that several religious may go for that purpose, and to preach the gospel, to Nueva Espana, the Philippinas Islands, and China. This request having been examined in the Council, it has appeared desirable that--as this concerns the mendicant orders, so highly esteemed, pious and strict in religious observance, and as they can accomplish much good in those regions by their teaching, preaching, and example--your Majesty, if such be your will, might give them permission to go to establish themselves in the Philippinas Islands, where there is most need of ministers of the gospel; and these religious are fitted for so new a country by the poverty and strictness which they profess. Valladolid, February 23, 1604. [There are nine signatures, apparently those of councilors.]

[_Endorsed_: "Council of the Indias, February 23, 1604. That permission may be given to the Augustinian Recollects to go to establish themselves in the Philippinas." _In a different hand_: "Since this order wishes to send religious to the Indians, notify the superiors to take care that those who go be learned men, and of mature age."]

The King: Don Pedro de Acuna, governor and captain-general of the Philipinas Islands, and president of my royal Audiencia there: In my Council of the Indias has been examined the clause of a letter from the ecclesiastical cabildo of the church there, a copy of which accompanies this, wherein was recounted the transactions in relation to the taking posession by the religious of the Order of St. Augustine of a certain chapel of Nuestra Senora de Guia, which had been erected into a parish; and how the friars of the Order of St. Francis, on their own authority, and without any permission, had established another church in the village of Dilao; and the freedom with which the said fathers of St. Augustine acted, and the arrogance shown by them in not receiving a visitor of their order. As these are matters that should be carefully looked after, I charge and command you neither to allow nor give opportunity for such irregularities, and to take measures to check and correct them, with the utmost discretion, and by the most expedient means possible, advising me of all that may occur. Valladolid, on the third of June of the year one thousand six hundred and four.

_I The King_

Countersigned by Joan de Ybarra; signed by the members of the Council.

[_Note at beginning of MS._: "To the governor of the Philipinas, directing him to take effective measures to check and correct in future the high-handed proceedings of the Augustinian religious. Corrected."]

The King: Most reverend father in Christ, the archbishop of Manila, and member of my Council: A letter from you has been received and examined in my Council of the Yndias, from which has been learned your advice to the effect that when it is necessary to summon councils to discuss reforms in certain matters, the religious of the orders do not attend them as they should, availing themselves as they do of the privileges which they hold; and that some of them abandon the missions of Indians which they have already instructed and baptized, and dispose of and exchange the appurtenances and furniture of the churches where they administer the sacraments. I thank you for the care and zeal for the service of our Lord with which you ascertained this, and have given me an account of it. However, in so far as concerns the councils, measures will be taken to have his Holiness order a brief to be issued directing the said religious to attend the said councils when the prelates summon them. As for the exchanges and sales of the properties of the churches which you say the teaching religious make, you will check these by the remedies of the law, excommunicating and punishing those who oppose you. Accordingly I charge you to do this; and to be watchful for the preservation and instruction of the natives, so that what they need may be furnished to them everywhere, for this is the principal thing that should be looked to by all the ministers of the gospel. Valladolid, on the thirtieth day of July in the year one thousand six hundred and four.

_I The King_

Countersigned by Joan de Ybarra; signed by the members of the Council.

[_Note at beginning of MS._: "Reply to the archbishop of Manila in regard to stopping the bartering and sale of church furniture by the religious who give instruction."]

GRANT TO THE JESUIT SEMINARY AT CEBU

Sire:

I Pedro Chirino, of the Society of Jesus, and procurator thereof for the Philipinas, affirm that the said Society, as a result of its desire that there may be in these islands persons who during their youth may engage in exercises of virtue, to the end that letters may flourish there, founded a residence [_colegio_] in the city of El Santissimo Nombre de Jesus eight years ago; [33] and that in it there are such religious as are needed for the purpose not only of teaching religion to the natives, but also of giving instruction in reading and writing to their children and to the Spanish children; and that also Latin is studied there--from all of which great good has resulted to the natives, as well as to the Spaniards. Since the country is very poor, and since the said residence has no income, it suffers from great need; and in order that the said residence may advance and may be able to carry on these laudable exercises in learning still further, and may include the study of other subjects of knowledge, I offer my petition to your Majesty that you will be pleased to bestow a gift of one thousand pesos of annual income for the support of the said religious who regularly reside therein for the said purpose, charged against the royal treasury of Mexico or against the proceeds of the saleable offices which are received there.

_Father Pedro Chirino_

I offer my petition to your Majesty that you will make a grant against the following sources of income: In the first place, against the royal treasury of Mexico, and especially against the saleable offices; against the royal treasury of Manila; against the dues collected on the merchandise brought to Manila by the Chinese and Japonese; against the tributes collected from the Chinese in the island of Manila; against the dues and tributes collected from the Chinese in Cebu and Oton; against the Indians who are assigned to the royal crown, so long as funds remain in the treasury of the fourth. [34]

The Camara [_i.e._, Council]; let this be now examined. At Valladolid, January 14, 1605.

The licentiate _Alonzo Fernandez de Castro_

I, Pedro Chirino, of the Society of Jesus and procurator thereof for the Philipinas, affirm, in the name of the residence of the said Society in the city of Santo Nombre de Jesus, that when your Majesty had examined the official reports conveyed in letters from the royal Audiencia of Manila and from the bishop of the said city of Santo Nombre de Jesus, and the _ex parte_ statement made at the request of the said residence, your Majesty decreed that the matter should be considered at the present time. Since the present necessity of the residence is so urgent, as appears from the documents presented, and since the service which it will perform to our Lord God and to your Majesty is so great, provided that the grant desired for the said residence shall be given, I supplicate your Majesty anew to be pleased to consider again the documents which in virtue of a royal decree of your Majesty were made and have been presented. From the four Statements of testimony officially presented, will plainly appear the care and attention with which the religious of the said Society have attended and do attend to the administration of the holy sacraments, and to preaching and hearing confessions, not only from the Spaniards of the said city of El Santo Nombre de Jesus but from the natives and Sangleys. They give their assistance in all the necessities of the people, both spiritual and temporal, with special care; and the said residence has schools in which their children are not only taught to read and write, but also receive instruction in good morals and habits, and, for all those who desire it, in Latin also. There are many students, from whose education and instruction results much good and advantage to all that country. At the same time, the aforesaid residence is very poor, since it has no fixed income to sustain it. The result is that it suffers great need; and if it receives no assistance there is no doubt that the necessity in which it at present is will be increased, since the country is very poor, and the gifts which are made to it are extremely small. At the same time the expenses are heavy; and it is now housed in a very small, old, wooden building, which at the present time is decaying and is in great need of repairs. The members of the said Society receive for the masses, administration of the sacraments, preaching, reading and all their other ministries to their fellow-men nothing whatever, but do all these things gratis. It should further be observed that the citizens of the said city of Santo Nombre de Jesus are few and very poor, and are unable to aid the said religious with any gifts or alms. In addition to the aforesaid affirmations, which are contained in the official evidence, there are other statements in the _ex parte_ testimony in which the same things are said by twelve witnesses, one of whom is Bishop Don Fray Pedro de Agurto. Besides the above, he has written a letter, which is enclosed herewith, in which he declares as an eye-witness the great service done to our Lord God in those regions by religious of the aforesaid Society; and the great value of their residence there, from which great profit results to the said city and all that province of Cebu, distant from Manila one hundred and fifty leguas by sea. This said residence is, as it were, a nursery and asylum for all the missions and centers of teaching that are under the charge of the aforesaid Society in that province. There are two letters from the royal Audiencia in which they state that which they consider necessary to relieve the wants of the aforesaid residence, and the excellent use to which such a grant would be put. I pray your Majesty that, in view of these considerations, this favor may be granted, by giving commands that a regular income of two thousand ducados of eight reals may be allowed, as has been requested, for the support of the religious who reside therein. The aforesaid sum is to be charged against the royal treasury of Mexico, from the proceeds of offices which are sold, deposited therein; and therewith the Society will receive a great grace from your Majesty.

_Father Pedro Chirino_

Granted by the Camara, May 26, 1607: The licentiate _Alonzo Fernandez de Castro_

DECREE REGULATING COMMERCE WITH NUEVA ESPANA

The King: The king my lord and father (may he rest in peace!) by various decrees prohibited trade and commerce of the Western Indias with the Philipinas Islands and China generally, to obviate the loss that resulted therefrom to these kingdoms and to their trade and commerce; and he ordered and commanded that no vessel whatsoever should go from the provinces of Peru, Tierra Firme, Guatimala, or any other part of the Western Indias, to the said kingdoms of China and the Philipinas Islands, under the penalties which were for that purpose imposed. But further, considering the importance of the preservation of the parts of those lands that are reduced to our obedience and to the Christian faith (which had been established there), and likewise for the greater extension of the gospel and of our holy Catholic faith, he allowed and gave permission for two ships to go each year from Nueva Espana to the said Philipinas Islands, each of three hundred toneladas, in which were to be conveyed reenforcements of troops and other things necessary, and the goods for trade which were to come thence to Nueva Espana, and which were shipped on account of the royal exchequer; the cost of sending these ships was to be taken from the freight-moneys for the goods, and the quantity and value of the goods freighted each year was not to exceed two hundred and fifty thousand pesos of eight reals, nor the return in money five hundred thousand for principal and profit, this trade being restricted to the citizens of the said Philipinas Islands. All the said goods must be consumed in the said Nueva Espana, or brought to these kingdoms; and in no case might they be taken to Peru nor to any other part of the Indias, [35] under the penalties imposed for such violation, as more fully explained in the decrees cited, to which we refer. Although it has been ordered by other decrees at various times that these should be observed and complied with, I have been informed that this has nut been done, and that the quantity allowed has been and is being greatly exceeded in the amount taken each year, with the knowledge and permission of my viceroys, audiencias, and governors--goods to the extent of more than two millions of ducats being registered and openly sent, besides what is secretly shipped. All this money finally makes it way into infidel kingdoms, whereby their power is increased; and from this have resulted great losses to our exchequer and to the commerce of these kingdoms with the Western Indias. Those chiefly interested in this trade are the citizens of Nueva Espana, Peru, and other provinces; they have taken the said merchandise there against the provisions and commands of the said decrees, and the warnings sent to the said viceroys, audiencias, and governors, and the measures that have been and are now being taken are not sufficient to prevent these violations. As the correction of these lawless acts and a remedy for the greater injuries that may be expected, are of so great importance and moment (all these difficulties having been represented to me), and as I have been petitioned by the prior and consuls of the mercantile corporation of Sevilla, and other persons who are zealous in behalf of my service that, in order to stop this, I should command the entire prohibition also of the trade of the said Nueva Espana with the said Philipinas Islands: Having discussed and considered this in my royal Council of the Indias, and consultations being held on all that should be considered in this matter, as it appears that they desire to prevent and avert future losses, and likewise aim to secure the preservation and growth of the Christian religion in the said islands, and the neighboring kingdoms, wherein the service of our Lord is so greatly concerned, I have decided that for the present the trade and commerce of the said Philipinas Islands with Nueva Espana should be maintained according to the ordinances; that the quantity of merchandise which may be carried each year from the Philipinas Islands to Nueva Espana is by no means to exceed two hundred and fifty thousand pesos of eight reals, as is provided; and the return of principal and profit in money is not to exceed five hundred thousand pesos, which I have permitted. For no pretext, cause, or reason to be alleged therefore is this to be exceeded, and the traders in every case must be citizens of the said Philipinas Islands, and none others whatsoever, as is likewise ordered by the royal decrees of the king my lord, and under the penalties therein provided. These I command to be executed without fail against the trangressors, without there being any exemption or excuse.

Further, in order that this may be better accomplished, and to remove the opportunities for shipping a great deal of merchandise, and likewise that the crews may go and come in safety, it is my will and I permit that there be four ships in this trade, each of two hundred toneladas burden, and no more; and they shall be my vessels, and shall sail on my account, two each year; and the others shall remain in port making ready for the voyage of the succeeding year, as is ordered--for in this way they will sail at the proper time, without waiting for one another; nor shall they exceed this number and capacity. These ships shall be built expressly for that route, of the said size and of the required strength, on account of the inconveniences that have heretofore resulted from the ships being large and having been navigated on the account of private persons, in whose charge they were placed--which last must without fail cease.

Furthermore, in order to avoid such large expenses as have hitherto been incurred on that route, owing to the large number of agents and officials who have gone in the ships thereon, it is my will and command that from now on there shall be only one commander of the two ships, and one lieutenant, who shall be admiral. Each vessel shall take not more than one captain of war, besides the ship-master, and there may be as many as fifty effective soldiers in each ship, drawing pay; and the sailors who shall be necessary to go and return. These shall be kept under discipline, that they may be effective and practiced. There shall be two examined pilots and one assistant pilot for each vessel, of the necessary qualifications. For the present, and until further orders, I desire, and it is my will, that since the property to be traded will be that of the citizens of those Philipinas Islands, all these officials--commander, lieutenant, captains, masters, and pilots--shall be appointed by my governor and captain-general of the said Philipinas Islands and the archbishop of Manila, the present or the future incumbents of those offices, notwithstanding that they have heretofore been appointed and furnished by my viceroy of Nueva Espana; and him I command to cease doing this from now on. If the said governor and archbishop do not agree in this selection, I command that they shall join with them the senior auditor of the Audiencia, and the decision of the majority of these shall be carried into effect. The persons appointed for these offices shall be chosen among the principal and honored citizens of the said islands, and the fittest to be found for the duties that they must perform. They shall give securities in the form and amount that may seem best to the said governor and archbishop, for the greater security of what may be in their charge. Their residencias shall be taken for each voyage by the auditors of my said Audiencia of Manila; and I command that they shall not be allowed to make a second voyage until they shall have given the said residencia, and account satisfactorily for what was in their charge.

As I have been informed that there have been many infractions and irregularities during past years on the part of the commanders, admirals, and officers of the said ships, in the matter of carrying money and bringing back great quantities of merchandise on their own behalf; and that they have caused serious grievances to the traders, especially to the citizens of the said islands: for the present I forbid and prohibit them in any case to trade or traffic, or to occupy or lade the said ships during the voyage made in their charge, in small or great quantity, under their own or any other name, in any article whatsoever; nor shall a single tonelada be assigned to them, as to the other citizens; nor can they buy or take from others any space for freight--under penalty of a perpetual deprivation of the said offices on the trade-route, and confiscation of the goods which they may have laded, carried, or taken, which on investigation may be found to be theirs.

I consider it well, and so decree, that, in order that the said officials may be maintained according to their station and the obligations of their offices, there shall be give to the said commander a salary of four thousand ducats, and to the admiral three thousand, for each voyage out and back. And I permit and allow the said governor and archbishop to give to the captains, soldiers, sailors, and artillerymen who shall go in the said ships for each voyage, the wages that they may assign as their earnings, and as just, for the said voyage; for to these no more [than to their superiors] shall permission be given to lade, or cause to be laded, merchandise in quantities small or great, under the said penalties.

And as it has been understood that in the past more commanders than necessary have been appointed for the ships on the said route, and they have carried in the posts of artillerymen and sailors many who were not such, it is my will that this should cease and be corrected henceforth; and that for each piece of artillery that the ships carry, there shall go one artilleryman, and no more, nor shall wages be paid to superfluous men.

And in order that there may be the fitting account and regularity in all things, all proceedings shall be conducted equitably and with great precision in the matters ordered. It is my will and command that there shall be in the said vessels, and sail with them, an inspector and an accountant, to keep account and system in everything. And they shall inspect the articles laded as merchandise, and carried back on return in the said ships, and account for them in their books. The said inspector and accountant shall be appointed by the governor and archbishop in the same maner as they select the commander, admiral and other officers, and with the same intervention of the senior auditor of the Audiencia in case they do not agree. They shall take care that these be persons of approved qualifications, satisfactory, and worthy of confidence; and shall assign them such salary as may appear sufficient and just, provided that it does not exceed two thousand ducats a year to each man for each voyage, for they must not ship goods [for themselves] either little or much, under the penalties provided for the commander and admiral. And the said inspector and accountant must sail, one in the commander's ship and the other in the admiral's ship, alternating each voyage. The said governor and archbishop shall give them the instructions and plan which they must follow on the voyage, and they must give residencia like the other officers of the said fleet, before they embark again for another voyage; and the consciences of the said governor and archbishop are charged with the selection and appointment of all the said ministers and officials.

And since, on account of the overloading of the vessels which thus far have plied on the said Philipinas route, we have seen that many have been wrecked, with the men and goods which they contained, and as it is fitting that this be remedied and prevented, we command that in future care be taken that the tonnage to be carried in the said ships shall be conformable to their capacity, leaving the space necessary for the men who sail in them, and the supplies they take--which must be sufficient so that in case of the lengthening of the voyage, for any cause which may arise, the men may not perish for lack of them. Great care should be taken that they be not overloaded or encumbered, so as to put them in danger of wreck or some misfortune; on the contrary, they should be lightly laden, and in such manner as will secure their safety against storms or enemies that may be encountered. The tonnage which, as aforesaid, is to be laden in them shall be allotted by my governor, the archbishop of Manila, the senior auditor and the fiscal of my said Audiencia, and two regidora of the cabildo of the said city of Manila, among the citizens of the said islands who may have property to invest. This allotment shall be made in the most equitable manner, and without aggrieving anyone (as we are confident they will do), for it is just that all should enjoy this benefit and convenience for their maintenance and benefit; and their object should likewise be that the country be peopled with useful colonists, such as will remain there.

I also command that my viceroy of Nueva Espana and the governor of the said Philipinas Islands, each so far as this concerns him, shall moderate and regulate the freight charges to be paid on what is laded in the said ships on their voyages to and fro, according to the expenses thereof--conformably to the reduction that is made in the tonnage of the said ships and the number of men who are to sail in them, and the other expenses incurred--in such manner that no superfluous or unnecessary expenses shall be incurred (but not so that necessaries or conveniences shall be lacking), and that it shall not be necessary to supply anything from my exchequer for the expenditures for the said fleet. For this reason the duties now levied and collected on the merchandise shall be raised two per cent, and that on silver another two per cent, by way of averia [36] as is done on that carried from the Indias via the Northern Sea in the fleets and armed vessels; for this is conformable to the profits of those that trade in the said Philipinas route. The proceeds of this shall be a special fund, with a separate account carefully kept, in the said city of Manila, to be used for the expenses contracted for the said ships and their crews; with this shall be placed the freight charges which may be collected conformably to the order which will be given, as has hitherto been done; and in all things the necessary order and system must be maintained by the said accountant and inspector, and by my royal officials of the said Philipinas Islands.