Chapter II: Preface (2)

The fiscal, having seen the acts which accompany this section of this letter, in virtue of a decree of the Council, declares that it should be ordered to observe the custom that has been followed in Manila in regard to the appointment of the clerks who serve under the royal officials; and that there be no such innovation as is attempted by the governor--by which, besides the petition that shall be given to the governor by the person who solicits such and such an office, the royal officials give information as to his ability and competency; and the governor, having considered his competency, will make the appointment. For this means to deprive the royal officials of what they now enjoy and possess, which is even less than their rights in other parts. Neither does the pretension of the accountant, Martin Ruiz de Salazar, appear suitable--namely, that he absolutely appoint his clerks and have authority to remove them; for that is contrary to the custom and procedure which has always obtained there. It is sufficient for him to propose them to the governor. It will be well for the latter to retain that privilege, especially since that royal official's associates, the treasurer and factor, do not make any demand regarding this point, although they have the same right. It will be advisable to write to the accountant that in regard to the point that he makes concerning the removing of his clerk at will, he shall go to the governor who appointed him, or to the Audiencia, where justice will be done in the presence of the parties. In regard to the laws and acts regarding this that have been referred to the Council, he thinks that either one of two means can be adopted: either to order the Audiencia of Manila to take the proper measures, after having examined the parties, since they are there, and do not come [here] under summons; or, in case the Council wishes to decide the matter, that the parties be summoned, so that they may declare what is advisable for them. For the tariff given by the Audiencia in the year 599 speaks clearly in favor of the clerks; and since it is so old and has always been observed, and since this favorable act was obtained from the Audiencia, the said royal officials cannot take any resolution within hearing of them. Thus does the fiscal petition. Madrid, June 9, 1633.

Government Matters

_1. Slowness of the ships which come from Nueva España_

Sire:

In a separate letter sent with this same despatch, I write to your Majesty of the matters pertaining to war, revenue, the ecclesiastical estate, and the religious orders, that have arisen in the course of the year. In the present letter, I shall briefly mention some general points of the government, for which I take pen in hand today, July 19, before the arrival at this port of Cavite of the ships from Nueva España, or news that they have entered the islands. Consequently we (I and all this city) are as anxious as can be imagined, as it is now so late and the vendavals have already set in with some vehemence. May God, in His mercy, have pity on us; and will your Majesty be pleased to urge the viceroy of Nueva España, by ordering him to have the aid for these islands leave Acapulco at least by the middle of March. By that the voyage will be made certain; but if it is delayed until the last of the same month or the first of April, as has been done these last years, these islands are in evident danger of remaining without aid, and that would mean their total ruin. [_In the margin_: "Have him notified accordingly, and advise the governor what orders have been sent to him."]

_2. Despatch of the ships leaving here this year_

I am despatching these ships before the arrival of the others, to the very great inconvenience of the entire country. But the trouble would be greater if the ships sailed out of season, and after the subsidence of the vendavals, which is their proper monsoon. May God bear them with safety. They are the two best ships which have sailed from this place. The flagship was finished recently, and the almiranta is the same as new, because of the thorough overhauling that was given it on this beach. [_In the margin_: "Seen."]

_3. Their small cargo, and the lack of trade in this year_

Their cargo is small, because ships from China and Macan have not entered Manila this year, and those which were laden in the island of Hermosa have not returned. The reason why the Chinese did not come is the multitude of pirates of their own nation who have overrun their coasts; while it is understood that the reason why the ships have not returned from the island of Hermosa on time is because the vendavals must have set in earlier than usual. Accordingly, for both reasons the ships take less merchandise than they could, and what they take is at advanced prices. Everything has been incredibly dear in Manila this year; and we could not live here if we did not have the hope of better conditions and an abundance of all things. [_In the margin_: "Seen."]

_4. Resolution taken by this city to send eight citizens to the City of Mexico, so that they may handle their merchandise in accordance with a royal decree which they have presented for that purpose._

The scarcity in the present year and the small supply of the past years have given this city occasion to resolve upon an innovation which we greatly fear will be its total ruin. The city petitioned me for the execution of a decree of your Majesty given in the year 1593, which has not as yet been given force in what pertains to the citizens; and that is the matter in which they are causing an innovation. Your Majesty permits them in that decree to go to sell their goods in Mexico, or to send them by persons who go in the ships; but not to send or consign them to citizens of Mexico, unless it he in the second place and in case of the death of those who take them. As the profits have been so small these last few years, the citizens of Manila throw the blame on the efforts of those in Mexico, which they say are unfriendly. Consequently, they have resolved to send eight men from this city with goods of those who have consented to commit these to them; for which, although they pretended that this would not remain at the will of the owners, I, however, relying upon the decree, have refused to concede them more than it mentions. The eight men have orders and instructions to form one single body, and to sell through one person, and to manage their business by the counsel and opinion of all, the majority of votes ruling. They are to make all the necessary efforts in Nueva España for blocking the citizens of Mexico who are not agents for those in Filipinas, even if it should be necessary for some of them to go to that court to attain their purpose. [_In the margin_: "Take it to the fiscal." "It was taken to him. Answered on a separate paper."]

5. _Advantages and difficulties in the execution of this decree, and the ruinous outcome which may be feared from it._

As the execution of this decree, although so old, is a good method to attain what his Majesty intends and what the monarchy needs, that but little money of merchants be sent to these islands, I am giving without any opposition to the citizens of this city what is ordered by the decree, as will be seen by the acts that have been passed in this regard which I am sending to that royal Council, in order that it may understand the matter better, and that it may take the measures which seem most advisable. The truth is, that I fear lest a violent clash result from this innovation, between this city and that of Mexico; for the citizens of the latter place, when they find themselves deprived of the gains which they had by acting as agents for those of Filipinas, will render poor service as such to the latter; and further, knowing that the citizens here are combining against them, that will oblige them also to combine [against these citizens], in order not to make the returns this year with any silver. That would be the total ruin of this colony, because of the small investments and business affairs of these last years. [_In the margin_: "Take it to the fiscal with the acts." "They were taken to him. Response on a separate paper."]

_6. That all that has been done in this matter has been with the approval and assent of the Audiencia, and against my own_.

I never took my pen to sign an act in this matter (upon which all the Audiencia was unanimous), for they seemed to me the most serious acts that could arise pro and con in this community. All that I have executed has been against my own opinion. What I would gladly have done would be to have four or six alert men to take charge of the goods of private persons, and have each one administer it as best he could, without at present trying to oppose the citizens of Mexico and to deprive them at one stroke of the agencies, and that would be accomplished gradually. Besides, times becoming better by buying here cheap, the profits would be greater; and it would be a good expedient not to send too great a consignment of goods to Nueva España. That would be, and this city would have, some relief without so much offense to the City of Mexico, which is of no less importance to the monarchy than this city. [_In the margin_: "Take it to the fiscal." "It was referred to him. Response in a separate paper."]

7. _How injurious it is to take loans from the inhabitants of this city_

The havoc wrought by the loans which the inhabitants are forced to make to the royal treasury, which is now owing them about two hundred thousand pesos, is not little. The inhabitants have been unable to invest that money, and hence the deficiency in what they could have used in trade has embarrassed them with a like shortage in the profits that they would have made with this sum. Your Majesty ought to have this matter remedied by ordering the viceroys of Nueva España to aid this treasury with the sum asked for here; for surely such procedure means the total destruction of these few vassals whom your Majesty has here in this little commonwealth. If that relief be lacking, the enemy will have but little to do in making themselves masters of the South Sea. [_In the margin:_ "That this matter is being discussed very carefully and that it will be thoroughly examined in order to give a suitable answer."]

_8. The fresh supply of saltpetre which was brought from Yndia by the efforts of Don Felipe Mascareñas, captain of Cochin_.

Four galliots have come from Yndia with flour and a certain quantity of saltpetre, of which we were in great need. The captain of Cochin, Don Felipe de Mascareñas, is the one who has solicited it; and he aids me very punctually with what I ask from him. I am trying to have some ships built there for the Nueva España line. I request your Majesty to thank him, and to encourage him to pay careful attention to the quick building of the new ships; for this would effect much, and relieve the islands of one of the greatest burdens that they endure, namely, the shipyards and shipbuilding. [_In the margin_: "Let his Majesty be consulted, so that the same be done in such manner as he prefers." "Consultation was held October 17."]

_9. Embassy sent to the king of Camboja; the building of ships; and the trade that has been established with him_.

For the same purpose I despatched an embassy this year to the kingdom of Camboja, in order to ascertain whether it has suitable timber. I have heard that those who went there have been well received by the king, and that he is answering me by another embassy composed of his vassals. They say that he has never done so with anyone else, and that the building of a ship was already being begun. I am momentarily expecting a patache which was bought there, in which the ambassadors are coming. I trust that very many matters for relief for these islands and saving for your Majesty will be arranged with them besides the shipbuilding, as well as the advantage which the Catholic faith may obtain in this commerce. For some Dominican fathers whom I sent as chaplains for the Spaniards write me that they were very cordially received by the king, and that the latter had given them permission to build a church, and to baptize those who wished to be converted. [_In the margin:_ "Have him advise us of the result, and approve what he is doing."]

_10. Embassy and trade with the king of Cochinchina_

I also sent a message to the king of Cochinchina, with letters and presents, in order to establish a factory in his kingdom, both for the building of ships and for the exporting of iron and other metals--which can be imported from there at much less cost than what is now incurred here in the islands. I have already received a reply from the king, which contains many expressions of desire that what I am trying to do will be effected; and I am in hopes of accomplishing it this year. [_In the margin_: "Approve it and tell him to continue these efforts."]

11. _Message to the king of Sian, and the condition in which the punishment meted out to him last year has placed him_.

As for the king of Sian, I advised your Majesty last year of the punishment inflicted upon him for his injustice toward the inhabitants of this city in keeping their goods. After having inflicted the punishment, I thought it advisable to send him a message through an experienced person of his kingdom, declaring what was intended by the expedition of the galleons to his river; and warning him to give full satisfaction, unless he wished the punishment to proceed further. The messenger found the king dead, and all the counselors removed who were in power at the time when the matter occurred, and the new king so fearful of the arms of your Majesty that he was afraid to despatch any vessel from his coasts. He has sent the messenger back to me with letters and presents, in which he begs for our friendship, and satisfies in words the injustice which his father committed. However, he does not make any active reparation, so that I am at present in a condition of continuing the chastisement or of accepting the reparation and friendship which he asks, as shall seem to me best for the welfare of these islands. This is a matter of importance, which I am communicating in order that what is most expedient may be carried out. [_In the margin_: "That it is well to continue demanding from him what his father owed."]

_[12.] Despatch sent to Japan in regard to the burning of the junk, of which advice was sent last year; and the controversy regarding this which the city of Macan has maintained with me_.

Like efforts have been made to restore the trade with Japon, which was formerly of great importance to these islands. I sent a despatch to the governor of Nangasaqui, sending him forty-two Japanese whom General Don Juan de Alcaraso brought to me from a junk of that nation--which, as I advised you last year, he burned at the bar of the river of Sian. I offered them friendship and trade, giving them to understand that the burning was done without my orders; and that, if they would have trade and commerce with these islands as before, I would give satisfaction for the damage in the said burning. This despatch did not reach Nangasaqui in the time that I supposed, nor as yet have we heard from it. The news of the said burning having reached that same city [i.e., Nangasaqui] at a time when the Portuguese were there with the galliots that make that voyage, trading, with their merchandise, the Japanese attempted to attack them, and to force them to pay the value of the merchandise and the junk which were burned; and it is feared that thereupon they would lay an embargo on the three galliots. However, as yet we do not know with certainty or assurance, except that a suit was pending in the court of the king of Japon, the Portuguese claiming that they could not in justice be forced to repay the damage which the Castilians had done. Thereupon the city of Macan earnestly begged me to make satisfaction, and send the value of the cargo burned and lost in the said junk, in order to silence the Japanese. Being desirous of gratifying the people of Macan, and settling the matter, I called an assembly of theologians and jurists, in which I broached the subject. All agreed that so long as the Japanese persevered in locking the door to commerce with these islands, contrary to justice and reason, there should be no talk of giving satisfaction for the damage inflicted, until advice could be given to your Majesty--even though it should follow from this, by a casualty not intended, that the Portuguese with whom the said Japanese trade should have to pay for the loss. This will be seen more in detail in the authentic copy of the said council's proceedings, which I enclose herewith, so that if perchance the city of Macan should petition your Majesty through the Council of Portugal to have these damages paid, no decision may be made in the matter until you shall have seen the motives which we have here for failing to settle it. In such case, I petition your Majesty also to be pleased to examine, with this section of this letter, that of another which I wrote in the past year of 628 in regard to the same matter. It will be considered that if the damage inflicted has to be paid for, it will fall upon those who did it. That would be the soldiers of this camp and the leader under whom they were, namely, the said commander, Don Joan de Alcarasso, who distinguished themselves greatly in your Majesty's service in the said expedition of the galleons. [_In the margin_: "File, and have the fiscal examine it all." "It was all filed and referred to the fiscal. It is answered on a separate paper."]

_13. Departure of Don Fernando de Silva, and difficulties that arose in it_

Don Fernando de Silva (who is the person whom I found governing in these islands when I arrived here), exercising the permission given him by your Majesty by which he may enjoy for eight years the encomiendas held here by his wife for two lives, undertook to make his voyage this year. As I thought that a government permit in writing (as is usual with others who have not been governors) was unnecessary so that he might embark, I communicated the matter to the Audiencia in session, which was of my opinion. But the auditors added that the governor ought to issue an act by which he should notify your Majesty's fiscal and the official royal judges that the said Don Fernando was leaving these islands, and that he thus informed them in case that they had anything to plead against him. I thought it an unnecessary proceeding, as the departure of the said Don Fernando de Silva was sufficiently public; yet, in order to comply with the opinion of the Audiencia, I issued the said act. The fiscal entered a demand that the said Don Fernando be commanded to give bonds, for himself and his agents and servants, to furnish residencia for the time while he had governed these islands, and to pay the judgment and sentence therein. A copy of this document was given to the party. He replied that the governor was not a competent judge of this article of residencia, but only the royal Council of the Yndias. I thought the same, and so did the government assessor. I ruled that the fiscal should demand what was expedient for him from the judge before whom he could and should appear by right. He appealed from this to the royal Audiencia, which declared that the governor was a competent judge, and that he ought to pass judgment upon this article. This matter has been examined and reviewed, without there having been found any decree of your Majesty which orders such a thing, or any precedent of a similar case made here or in Nueva España--not only as far as the governor, captain-general, and president of the Audiencia is concerned, but even for the officials of the Audiencia. They, having been promoted to other parts, have gone without giving their residencia or bonds, so long as that royal Council does not provide therefor. Consequently, notwithstanding what the Audiencia declared, I thought it wise not to set such a precedent, or cause such difficulty to the superior ministers of your Majesty (who would have them under your eyes, in whatever part they might be), so that you may order them to pay what they should be sentenced to pay in their residencia, when your royal Council shall decide that it be taken. I was obliged to make this decision by the consideration that it might happen that there might not be left to a governor persons who are under obligation to him in the country, because he has given to no one other things than what he has deserved, by which no one considers himself favored and obliged. And it may be that no one can be found to go bond for him; and it will not be right that he should have to remain in the Filipinas on account of not having bonds, if there is no commission to take his residencia. And this would weigh even more heavily upon the auditors, who have less power to give favors; and, when they were promoted by your Majesty, they would be unable to go to take charge of their places for lack of bonds. Thus they would remain in this land, exposed to innumerable affronts from those to whom they had administered justice, which is a thing that your Majesty ought not to permit to happen to your ministers. Although all these reasons were sufficient to decide me not to allow this innovation without a special order from your Majesty, there is, in the present case of Don Fernando de Silba, another very special consideration, since he is leaving an encomienda in this country with an income of four thousand pesos per year. That is the best bond that one can ask. Consequently, seeing that no detriment was being incurred in not taking the bonds, I decided the matter by declaring that I was not judge in this sense. I am sending the copies of the acts to that royal Council, so that your Majesty may be pleased, after their examination, to enact what may be considered most fitting, and with all distinctness, so that there may be no abuses here, and so that the governors who depart after the entrance of the other governors may not be harassed. With Don Fernando I have maintained very harmonious relations during the three years while I kept him here. On the occasion of this despatch, I have furnished him all the accommodations possible, assigning him forty toneladas of cargo to carry his goods, household, and servants. He is a person who is worthy of what favor your Majesty may show him, and will render excellent service in any employment that he may hold. [_In the margin_: "Refer it to the fiscal." "It was referred. Answered on a separate paper."]

_[14.] Erection of the bridge; and how the hospital has been given the revenue produced by the ferry boat._

The bridge which I began in this city (as I have advised you during the last few years) is now in such a condition that we can cross by it. It will be finished in a couple of months without having cost the citizens or your Majesty a single maravedi. The Sangleys have built it from their common fund, with which they have been freed from the amount that the ferry-boat cost them. The latter belonged to the hospital of the same Sangleys, which is in charge of the Dominican fathers; and it netted them at least two thousand pesos annually. They maintained themselves with that sum; and accordingly, so that that hospital, so necessary for that nation, might not be left without support, it has seemed best, with the consent of the Audiencia, to assign to the hospital the same sum of two thousand pesos per year from the common fund of the same Sangleys, with their consent. Thus will it be done, and the Sangleys do not pay any ferry rate, but support the hospital, in which they are treated, from their common fund. Your Majesty is patron of it as ever, the fathers happy, and the poor well provided for. [_In the margin_: "File this with what is enacted in the petition of the Dominican fathers." "This section was filed with a memorial given by Fray Mateo de Villa." "It is decreed in the memorial and what is to be answered, here on a separate paper."]

_15. Sickness in Manila this year, and death of the archbishop_

I hope to construct other works this year, if our Lord gives me life, with which this city will be no less beautified. There has been but little health in this city and its environs this year, with many sudden deaths, both of Spaniards and Indian natives and slaves. Among others has passed away the archbishop Don Fray Miguel Garcia Serrano, who died on Corpus Christi, as is written at greater length in the letter touching the ecclesiastical estate. [_In the margin_: "Seen."]

_16. Arrival of the aid and ships from Nueva España_

Just as I reached this point in my letter, and when about to seal it, I received news that the two ships which sailed for Nueva España last year for the reënforcement have returned with it; and that they have made port in different parts of these islands, because the weather did not allow them to reach this port of Cavite. They left Nueva España late, and the vendavals set in early. Hence the voyage has been one of hardships, and it was a great mercy of God that they were able to make the islands, although not little is the discomfort and not few the additional expenses that have been incurred because of their inability to make this port. What I grieve over most is to see the inadequacy of the aid, which does not reach two hundred and fifty thousand pesos, while I informed the viceroy that we needed four hundred thousand, as I wrote last year. Consequently, I again petition your Majesty in the same terms as in that letter, to be pleased to endow these islands with the said sum, so that it may not be at the will of the viceroys of Nueva España to discontinue sending it. This is the chief point, and on it is based all the government of these islands, so that we may be able to give a good account of them to your Majesty. [_In the margin_: "Have what was enacted for this examined." "The enactments were examined, and filed with this section for the Council. Answered on a separate paper."]

_17. Aid of artillery sent to the viceroy_

The viceroy of Nueva España asks me for bronze artillery with which to fortify the fortress of San Juan de Ulua, sending me twenty-four thousand pesos for the expense of it. Although the ships have arrived so late that I have had no time to cast it in the quantity and of the quality that he asks, I am sending him the equivalent [of the money] in eighteen excellent pieces from what we have already manufactured, with which I think that that fort will be well defended, and the viceroy will have the pieces with which to go to succor the fort if it should be necessary. He tells me that he wishes some of the artillery which he has asked of me for that purpose. [_In the margin_: "It is well, and let him execute what the viceroy shall advise him of in this respect."]

May God preserve the Catholic and royal person of your Majesty with the increase of kingdoms and states that is necessary to Christendom. Cavite, August first, 1629. Sire, your Majesty's humble vassal,

_Don Juan Niño de Tavora_

[Appended to this letter are the following documents:]

_Second Council in Regard to the Injuries Committed on the Japanese Boat Which Was Captured in Sian_

In the city of Manila, on the sixteenth day of the month of January, one thousand six hundred and twenty-nine, Don Juan Niño de Tavora, knight of the Order of Calatrava, comendador of Puerto Llano, member of the Council of War of the king our sovereign, his governor and captain-general of the Philipinas Islands, and president of the royal Audiencia therein, called a meeting of theologians and juries in order to discuss matters of his Majesty's service, and those touching cases of conscience and justice. And in the royal buildings and the palace of the governor's dwelling, in the presence of Licentiate Marcos Çapata de Galvez, fiscal of the said royal Audiencia; the reverend fathers, Fray Domingo Gonzalez of the Order of St. Dominic, commissary of the Holy Office and rector of the college of Sancto Tomas; Fray Juan de Montemayor, of the Order of St. Augustine, Fathers Diego de Bobadilla and Francisco Colin of the Society of Jesus of this city, father Fray Gaspar de Santa Monica, lecturer on theology in the convent of St. Nicolas of the Order of the discalced Augustinians; and Licentiate Don Rodrigo Gonzalez de Varreda, his Lordship's assessor; and all being assembled: the lord governor ordered me, the present government secretary, to read a paper, which his Lordship gave me for that purpose. I read it, and it was of the following tenor.

"In May of one thousand six hundred and twenty-eight, there took place at the bar of the river of Sian the capture and burning of the junk from Xapon, caused by our galleons. In July of the same year, it was decided, at a meeting of four theologians and two jurists which was called to discuss the matter, that this act had been unjust, for lack of authority by him who did it; and that, accordingly, the one who caused the damage was under obligations to make it good to the Japanese.

"That satisfaction has not been discussed as yet, except that the king gave liberty to the Japanese who were captured; and they were made ready to be sent to their country with messages for the governor of Nangasaqui. These were to the effect that keen regret was felt over the illegal act recently committed by our galleons; and that as to the value of the junk and its cargo, order would be given to make complete reparation, if the Japanese would open commerce with this city, as was done in former years, and as they now have with the Portuguese. Of the contrary, in case that the Japanese refuse to open commerce, nothing was said; nor did it state who was the principal cause, but gave the order for the damage. No investigation or effort has been made in regard to reparation, but a reply is being awaited to the message which was sent to Japon, so that the government might know what ought to be done and ordered.

"The reason for this suspension or omission on the part of the government has been because we considered that the king our sovereign has a legitimate cause to make war on the Japanese on account of the faith which they so cruelly persecute; and because all who leave Japon in order to ship goods have to deny the faith before embarking, at least to outward appearance, and unite with the heathen in order to persecute the faith. Thus it is believed that these islands have an especial reason to consider themselves aggrieved by Japon. 1st. Because the Japanese have prohibited commerce without other reason than the faith, and that with so great severity that a ship which sailed secretly from the districts of Arima and Omura for these islands having put back, and the Japanese ascertaining whither it was bound, that resulted in the loss of many lives, and in most cruel injuries to the Christian people there. 2d. Because the Japanese refused to receive the ambassadors who were sent from here in order to bring about peace and harmony between these kingdoms. 3d. Because of the old-time robberies which were made in the time of Taicosama, and by his order, of the goods of the galleon 'San Phelipe,' which put in at their coasts because of bad weather--the Japanese martyring on that occasion the religious of St. Francis who protested against the injustice; and Taico declaring war against these islands in the endeavor to make them tributary, and for some years sending a number of ships to infest, as they did, these coasts; and although peace was made afterward in the time of Daifu, and commerce was reopened, still they never gave satisfaction for the wrong committed, nor did we obtain damages for it. Consequently, as soon as the peace was broken, on account of Daifu, and because they deprived us of commerce with them, it appears that they again revived the past insults and that they are vigorously demanding their right of procuring redress. 4th. Because from the time when our ships put in at Japon, and the Japanese had news of the richness of these islands, they have always tried to conquer them, by endeavoring to get a foothold on the island of Hermosa, in order to make it a way-station for the conquest of Luzon. That has caused the governors of Philipinas to make great expenditures and vast preparations during the past few years; and but recently it is learned that discussions of this kind are rife in Japon, and that their reason for not doing it [_i.e._, conquering the islands] is not the lack of malice but of power.

"For all the above reasons, it was nevertheless doubted whether the capture and burning of the said junk were unjust, if, now that it has been done, the king our sovereign could avail himself of these wrongs as a beginning and part of the compensation; and if those who govern these islands in the name of his Majesty could remain firm, and order the person who committed the injury not to give any satisfaction so long as they make no reparation in Japon--or at least so long as they do not desist from the aforesaid injuries, by opening commerce, or in some other manner that may be advantageous to these islands. In virtue of that doubt the discussion of the question of satisfaction for the injuries has been neglected until now by the government. The government has contented itself with the aforesaid measures of granting liberty and accommodations to the Japanese, and a message which was sent to the Japanese--to which the reasons and consequences of state that existed for it obliged us.

"One of these reasons was that one now urged by the correspondence with Macan, upon whose commerce Japon might perhaps fall in order to obtain reparation for the injury which this government might inflict upon them, as we see has been attempted. The city and commandant of Macan request these islands to make reparation immediately for the goods, so that the difficulty may not recoil upon them, to the damage of their goods and of the commerce between Yndia and Japon, which they declare to be of great importance for the preservation of Christianity in those islands."

And having finished reading the said paper in the said meeting, his Lordship requested those present to give him their opinions in regard to its contents, so that the most advisable measures might be taken for the service of his Majesty and for the relief of his conscience.

All the said assembly having heard and understood the contents of the said paper, above incorporated, and conferred regarding it and what in conscience they ought and could do, voted unanimously and as one man that the king our sovereign and these islands have sufficient cause in law to avail themselves of these wrongs which were committed by our galleons without their orders, and to take them as a beginning and part of the reparation; and that, so long as the Japanese did not give satisfaction for the aforesaid wrongs, the lord governor ought not to order any reparation to be given; for the right to take reparation, when the party owes it and does not give it, is plain. In the present case, it is certain that his Majesty could with justice order the said loss, and even greater, to be inflicted upon the Japanese, in retaliation for the injuries committed on the faith and these islands. And since he did not order it, but it is done, he has an undisputed faculty and right to avail himself of the wrongs committed. Thus it appears that there is no doubt that his Majesty's officials are not bound in conscience to make reparation to those of Japon until his Majesty is advised of the case, so that we may see whether he wishes to avail himself of, or to have these islands avail themselves of, his right. In regard to the mention of the injury that may follow to the inhabitants of Macan if reparation be not made immediately, as yet we do not know that the latter have shipped anything; and even if they had, Macan, in order not to break with Japon, would have to pay the value of this junk, since that is an incident not reckoned on by Manila, but one which this city rather tried to obviate by all the means which were readily feasible, such as giving liberty to the prisoners, sending an embassy and messages of apology to the Japanese, and pledging immediate reparation for the injury done to their property, if they would open trade and make peace with these islands. So long as they do not do this his Lordship appears to be fulfilling the demands of conscience by informing his Majesty of what is happening, so that as sovereign of both states [i.e., Manila and Macan], he may order what is to his royal service. This is their opinion, and the said father Diego de Bobadilla said that the opinion does not state anything as to who ought to make reparation for the said injuries, nor do they consider that; because it does not pertain to them to give any opinion or judgment on that point, but only to state who would have authority for doing it.

His Lordship, having seen the above opinions, declared that he was in accord with them, and that he is doing what is mentioned in them in the manner which seems to his Lordship best. He affixed his signature, as did the rest of the said assembly.

_Don Juan Niño de Tavora_ _Licentiate Marcos Çapata de Galvez_ _Fray Domingo de Gonçales_ _Francisco Colin_ _Diego de Bobadilla_ _Don Rodrigo Gonçales de Barreda_

Before me: _Andres Martin del Arroyo_

Collated with the original records which rest in this government office. By order of the said lord governor and captain-general, I drew up this copy, at Manila, June twenty-two, one thousand six hundred and twenty-nine, [witnesses being] Francisco de Silva and Don Juan Martin. In testimony of the truth, I seal and sign it officially.

_Andres Martin del Arroyo_, royal secretary.

We, the undersigned notaries, attest that Andres Martin del Arroyo, by whom these copies appear to be signed and sealed, is a notary of the king our sovereign, and exercises the office of chief government and military notary of these islands. The copies and other matters that pass and have passed before him are given and have been given entire faith and credit, both in and out of court. Given in Manila, July three, one thousand six hundred and twenty-nine.

_Pedro Muñoz de Herrera_, royal notary. _Luis de Barrasa_, royal notary. _Luis de Torres_, royal notary.

_Acts Regarding Departure of Fernando de Silva from the Islands_

_Act by the governor_

In the city of Manila, on the sixteenth of July, one thousand six hundred and twenty-nine, Don Juan Niño de Tavora, knight of the Order of Calatrava, comendador of Puerto Llano, member of the Council of War of the king our sovereign, his governor and captain-general of these Philipinas Islands, and president of the royal Audiencia therein, declared that, inasmuch as Don Fernando de Silva, knight of the habit of Santiago, former governor and captain-general of these islands and president of the royal Audiencia therein, because of the death of Don Alonso Fajardo de Tença, is to go to Nueva España this present year, and to take his wife, Doña Maria de Salazar, and his household and family: therefore he ordered--and he did so order--that if the fiscal of these islands and the royal officials have anything to plead against the said Don Fernando de Silva, whereby he should not make his voyage without any hindrance, they do it within the following day. Thus did he enact and order, and he signed it.

_Don Juan Niño de Tavora_

Before me:

_Andres Martin del Arroyo_

_Notification to and reply of the fiscal_

In Manila, on the seventeenth of July, one thousand six hundred and twenty-nine, I, the notary, read and announced the act of the lord governor, contained in another part of this, to Licentiate Marcos Çapata de Galvez, fiscal of the royal Audiencia of these islands. Having heard it, he said that what he has to demand is that the said Don Fernando give bonds to furnish residencia, both for himself and for his agents and servants, for the time while he governed these islands; and to pay the amount to which he should be adjudged and sentenced, and that he leave a person with accepted powers to give the said residencia. Thus does he request his Lordship to order, as that is justice. He signed it, and will request it by petition.

_Marcos Capata de Galvez_

Before me:

_Andres Martin del Arroyo_

_Notification to the treasurer_

In Manila, July seventeen, one thousand six hundred and twenty-nine, I, the notary, announced the act of the lord governor, herein elsewhere contained, to the treasurer, Juan Ruiz Descalona, official judge of the royal exchequer in these islands. Having heard it, he declared that he does not know whether Don Fernando de Silva is indebted to the royal treasury. If he is not, then he does not know of any reason why, in what concerns this matter, there should be any obstacle to prevent his journey. He signed the same.

_Juan Ruiz Descalona_ _Andres Martin del Arroyo_

_Notification to the accountant_

In Manila, July seventeen, one thousand six hundred and twenty-nine, I, the secretary, gave notice of the act of the governor and captain-general, on the preceding leaf, to the accountant, Martin Ruiz de Salazar, official judge of the royal exchequer in these islands. He declared that when Don Fernando de Silva was governor he ordered and commanded some things contrary to the ordinances in regard to payments which were made from the royal treasury, as he thought them expedient for his Majesty's service. There is nothing evident today in the royal accountancy why he should be detained, for this concerns the residencia which he should give, with the bonds which the fiscal demands shall, according to law, be furnished in residencias, to pay the sum to which he may be adjudged and sentenced. It is well provided, except, etc. He signed the same.

_Martin Ruiz de Salazar_ _Andres Martin del Arroyo_

_Demand of his Majesty's fiscal_

I, Licentiate Marcos Capata de Galvez, his Majesty's fiscal in this royal Audiencia, declare that the government secretary, Andres Martin del Arroyo, notified me of an act of his Lordship, in which he orders me to plead what there may be to plead against Don Fernando de Silva, knight of the habit of Santiago, and that the same act be made known to the royal officials, in consideration of the fact that he is to make his voyage to Nueva España this year. Since the said Don Fernando should give his residencia for the time while he was governor of these islands, it will be advisable for your Lordship that, if his departure be effected, he shall give good and creditable bonds to furnish the said residencia for himself and for his agents and servants, and to pay the sum to which he may be adjudged and sentenced, leaving a person with accepted powers who may give it for him. This being complied with by the royal exchequer, I have nothing else to require. I request and beseech your Lordship to have the said Don Fernando give bonds to pay the sum to which he may be adjudged and sentenced in the residencia which he shall furnish and that he leave a person with, accepted powers to give it when his Majesty orders it, for all this that I request is justice, etc.

_Licentiate Marcos Capata de Galvez_

_Act_

Cavite, July eighteen, six hundred and twenty-nine. Copy for Don Fernando de Silva. Thus he [i.e., the governor] enacts, together with his counselor. At the bottom of this decree are two rubrics, one of the lord governor and captain-general, and the other of Licentiate Don Rodrigo Gonçales de Barreda, his counselor.

_Andres Martin_ [_del Arroyo_]

_Petition of Don Fernando de Silva_

I, Don Fernando de Silva, knight of the Order of Santiago, former governor and captain-general in these islands and president of his royal Audiencia for the king our sovereign, in answer to a writ presented by his Majesty's fiscal, in which he declares that he has been notified of an act of your Lordship ordering him to plead against me whatever he might have to plead, in consideration of the fact that I am about to go to Nueva España; and who demanded that I be ordered to leave bonds for the sum to which I might be adjudged and sentenced in the residencia that is to be taken from me, and a person with accepted powers to furnish my residencia for me when his Majesty orders it: declare that notwithstanding that the said act could not be pronounced by your Lordship, nor the said demand made by the fiscal--which is an innovation that until today has not been made with any of the governors, or with any other official of his Majesty among the number of those who must give residencia of their offices when and before whom the royal pleasure dictates--(for that belongs exclusively to the royal person and to the supreme Council of the Indias, and to no other judge or royal minister) yet, without prejudice to my right, and without attributing to your Lordship greater jurisdiction than what belongs to your office, because on my part there is no cause to refuse what the said fiscal demands, and in order to avoid the trouble which might ensue for me if my voyage were hindered or delayed by opposing the said demand at a time when the ships are so soon to set sail, I am ready to give the said bonds, that I will furnish residencia for all matters in which by law I ought to give it, and that I will pay the sum to which I may be adjudged and sentenced in the residencia; and, besides, to leave a person with accepted powers who shall give my residencia for me when his Majesty orders it. I request and beseech your Lordship to receive from me the said bonds by the present notary, for which, etc., and in all justice.

_Don Fernando de Silva_ _Don Juan Fernandez de Ledo_

_Act of the governor_

In the port of Cavite, July twenty-three, one thousand six hundred and twenty-nine, Don Juan Niño de Tavora, governor and captain-general of these islands, having seen this petition of Don Fernando and what was demanded by the fiscal regarding the bonds to give residencia for himself and for his servants and agents, for the time while he was governor and captain-general of these islands and president of the royal Audiencia therein: declared that the fiscal should plead what he had to plead in this regard before whom and with what law he ought and could plead it. Thus did he order, and he signed the same, with the advice of his counselor, who signed.

_Don Juan Niño de Tavora_ _Licentiate Don Rodrigo Gonçalez de Barreda_

Before me:

_Andres Martin del Arroyo_

_Notification to his Majesty's fiscal, and his appeal_

In the city of Manila, July twenty-three, one thousand six hundred and twenty-nine, I, the present secretary, read and announced the act (which is written on the leaf preceding this) enacted by Don Juan Niño de Tavora, governor and captain-general of these islands, to Licentiate Marcos Çapata de Galvez, fiscal of this royal Audiencia, in his own person. His Grace said that talking with the due respect, he appeals to the president and auditors of the said royal Audiencia, and requests the government secretary that, in accordance with the ordinance, he go to the Audiencia to make a report of this cause. This was what he gave as his reply, and he affixed his signature thereto, witnesses being Licentiate Pedro Lopez and Juan de Cañeda, residents of Manila.

_Licentiate Marcos Çapata de Galvez_

Before me:

_Diego de Torres_, royal notary.

_Summons given to Don Fernando_

In Manila, on the said day, month, and year, I, the undersigned notary, gave notice and summoned in due form, for the appeal interposed by the fiscal, and at his request, Don Fernando de Silva, in his own person. He said that he hears it, and regards himself as summoned. Witnesses were Captain Don Manuel de Torres and Alférez Bartolome Gomez, and I attest, the same.

Before me:

_Diego de Torres_, royal notary.

_Act of the royal Audiencia_

In the city of Manila, July twenty-four, one thousand six hundred and twenty-nine, the president and auditors of the royal Audiencia and Chancilleria of these Filipinas Islands, having examined these acts in regard to the demand of his Majesty's fiscal of this said royal Audiencia--by virtue of which Don Fernando de Silva, knight of the habit of Santiago, and former governor and captain-general of these islands and president of this royal Audiencia, should give bonds to furnish residencia for the time while he exercised the said duties, for himself and his agents, and to pay the sum to which he may be adjudged and sentenced in that residencia, leaving a person with accepted powers to give the said residencia--and the appeal interposed on the part of the said fiscal from the act enacted by the governor and captain-general of these islands on the twenty-third of the present month and year, in which he ordered that the said fiscal plead in this regard what he had to plead before whom and with the law that he ought: declared that they returned this cause--and they did return it--to the said governor, so that as a competent judge, he might enact what should be just in the matter. By this act they so enacted, ordered, and decreed. Before me:

_Pedro Muñoz de Herrera_

_Appeal of Don Fernando from the said act_

Most potent Sire: