Chapter III: Preface (3)

I, Don Fernando de Silva, knight of the Order of Santiago, your former governor and captain-general in these islands, and president of the royal Audiencia, appeal from the act of the Audiencia of the twenty-fourth of this month of July, only in regard to their ordering returned to your governor and captain-general the cause which your fiscal of this royal Audiencia is prosecuting, by which they order me to give bonds that I will furnish residencia of the said offices and pay the sum to which I shall be adjudged and sentenced in it, as I am about to go to Nueva España. It was declared in the said act that the said your governor and captain-general was a competent judge to try the said cause. That said act, only as far as the said declaration is concerned (and speaking with due respect), must be revoked as a general rule, and because I am, by having exercised the said offices of president, governor, and captain-general, immediately subordinate to your royal person and to your supreme Council of the Indias; and no other judge or tribunal can take it upon themselves to try anything pertaining to the residencia of the said offices or to security for residencia. Thus, until the present time, the said bonds have not been required in this city for this royal Audiencia or for your governors, my predecessors in the government, or for your auditors when they leave these islands to go to Nueva España or to other parts (who ought also to give residencia for their offices at the will of your royal Council); they have gone without giving the said bonds. Moreover, as is proved by this royal decree, of which I present an authorized copy, attested by three royal notaries, your royal person was pleased to give me permission authorizing me to make the said voyage, without condition or obligation of giving the said bonds. The obligation that your Majesty did not impose in the said permit cannot be imposed by any of the judges or ministers inferior to the said your royal Council of the Indias. And accordingly, although the question of the said bonds might have been discussed with other persons, that cannot be understood as applying to me; but I must be allowed to make my voyage freely, without any obstacle being offered, as his Majesty [6] orders, notwithstanding the contents of my writing of the twenty-third of this month. For that writing was without prejudice to my right, and did hot attribute any jurisdiction to the said your governor. I presented the said writing before receiving the said permission from his Majesty. Consequently, I petition and beseech your Highness to be pleased to have the said act revoked, in so far as it concerns the said declaration, by ordering that it be understood without having the cause returned to the said your governor and captain-general; for what I petition is justice, and for it, etc.

_Don Fernando de Silva_ _Doctor Juan Fernandez de Ledo_

_Act of the royal Audiencia, and reply of the fiscal_

In Manila, on the twenty-seventh of July, one thousand six hundred and twenty-nine, while the president and auditors of the royal Audiencia and Chancillería of these Filipinas Islands were in session, this petition was presented, which having been examined they asked for a copy. The fiscal presented an act which declared that appeal ought not to be allowed from an act referring back a cause. Consequently, since this cause has been returned to the lord governor, his Lordship must decide the chief matter, namely, whether or not to allow the said bonds to be given. The documents presented are not for this plea, but for the principal cause before the lord governor. Therefore, the fiscal, as far as he is concerned, concludes by this plea.

_Licenciate Marcos Çapata de Galvez_

Before me: _Andres Martin del Arroyo_

_Summons to Don Fernando, and his reply_

In the city of Manila, on July twenty-seven, one thousand six hundred and twenty-nine, I, the secretary, informed Don Fernando de Silva of the act herein elsewhere contained. He declared that the appeal which he has interposed is in regard to declaring the auditors of the royal Audiencia competent judges of that which the fiscal has demanded from the governor. He declared that, in regard to this question, there must be an authoritative statement from the proper source; and that the appeal must be allowed. On seeing the acts, he regards himself as summoned. He signed the same.

_Don Fernando de Silva_

Before me: _Andres Martin del Arroyo_, royal secretary.

_Decree for Don Fernando_

The King. On behalf of you, Don Fernando de Silva, knight of the Order of Santiago, relation has been made me that you have served in the states of Flandes, and that you have served in other important affairs for more than ten years; that, having gone to Nueva España by the appointment of the marquis of Çerralbo, you served _ad interim_ in the duties of my governor and captain-general of the Philipinas Islands, and president of my royal Audiencia therein, because of the death of Don Alonso Fajardo de Tença; that you did it excellently, maintaining that community in peace, which was supplied with what was necessary; and that my royal treasury was but little burdened. When Don Juan Niño de Tavora arrived to serve me in those offices, he found the finest fleet of galleons which those islands have had, with which they could defend themselves from the enemies who infest them; provision of the metals necessary for casting artillery, and fifty molds for casting the pieces every two days; and the infantry in good discipline, clothing in abundance, and the ships for Nueva España ready to lade. Possession had been taken in my name of the island of Hermosa, which is eighteen leguas from the mainland of China, in the year six hundred and twenty-six, by which it will always be safe for the wealth of that kingdom to pass by there, without the enemy being able to hinder them (their fortress being very well fortified by nature). You were married in those islands to Doña Maria de Salazar, granddaughter of one of the earliest and most prominent conquistadors and settlers of the islands, and your father-in-law was the first Spaniard born in the said islands; [7] and, in commemoration of the services which the aforesaid performed, the encomienda of Butuan and Oton was given to them, which they enjoyed. I conceded the favor of prolonging to the said Doña Maria de Salazar, your wife, the same encomienda for one generation more, by a decree of February twenty-four, six hundred and twenty-two; and to it shall succeed the person to whom it shall belong and pertain according to the law of succession. You went to the said islands solely for the purpose of serving me in the said duties, and incurred many expenses on the voyage, and enjoyed only slightly more than one year's salary. You have a desire to continue in my service, petitioning me that, in order that you may be able to do so, and in remuneration of the forbears of your wife, I employ you without the prohibition imposed on absentees, ordering that they may not enjoy the income from their encomiendas of Indians, preventing you therefrom; and [that you be allowed] to appoint a representative [of the encomienda] to the satisfaction of my governor of the said islands as is the usual custom. The matter having been examined in my royal Council of the Indias, I have considered it proper to give the present. By it I give permission to you, the said Don Fernando de Silva, to be absent for the space of eight years from the said encomienda, together with all your household and goods, in Nueva España or in any other part where I may employ you, provided that you leave the representative and all the rest to which you, as an encomendero, are obliged, to the satisfaction of my governor of the said islands, to whom and to my royal Audiencia of the said islands, I order no obstruction to your voyage to be placed. During the said eight years, which are to run and be reckoned from the day on which you leave the said islands in order to make your voyage, they shall not take away from or deprive you of the said Indians; and shall allow you to enjoy freely the income from them and the other things which you shall possess in the said islands, notwithstanding any royal orders or decrees given to the contrary. Such orders and decrees, I do for this time, and so far as they touch this case, dispense with. Given in Madrid, October two, one thousand six hundred and twenty-seven.

_I The King_

By order of the king our sovereign:

_Don Fernando Ruiz de Contreras_

I copy this transcript from the original, which was in possession of the treasurer, Alonso de Santoyo, knight of the Order of Santiago, at whose request it was drawn. It is a faithful and true copy. Mexico, March twelve, one thousand six hundred and twenty-nine. Witnesses were Hipolito de Santoyo and Geronimo de Marquina, inhabitants of Mexico. I seal it in testimony of the truth.

_Marcos Leandro_, his Majesty's notary.

We, the undersigned notaries, certify and attest that Marcos Leandro, by whom this copy appears to be signed and sealed, is a notary of his Majesty; and as such, entire faith and credit has been and is given to the writs and other acts which have passed and pass before him, both in and out of court. In order that it may be apparent, we give the present in Mexico, March twelve, one thousand six hundred and twenty-nine.

_Pedro Gallo_, his Majesty's notary. _Francisco Gallo_, his Majesty's notary. _Alonso Cavallero_, his Majesty's notary.

_Act ordering the fulfilment of the royal decree_

In the port of Cavite, July twenty-nine, one thousand six hundred and twenty-nine, Don Juan Niño de Tavora, knight of the Order of Calatrava, comendador of Puerto Llano, member of his Majesty's Council of War, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia therein, having seen this copy of the royal decree which his Majesty gave at the petition of Don Fernando de Silva, knight of the habit of Santiago--who presented himself before his Lordship in his own behalf, and petitioned that it be observed and obeyed--and attentive to the fact that the said copy was authorized by a notary of his Majesty, and attested by three other notaries: ordered--and he did so order--the contents of the said copy of the said royal decree to be observed and obeyed; and that the said Don Fernando avail himself of it, leaving an agent appointed to attend to the said obligations of the said encomienda. The judges and royal officials shall note the decree in the books under their charge, and shall observe and obey it, as is contained therein, in behalf of the royal treasury. Thus did he enact; and he signed the same, together with his counselor.

_Don Juan Niño de Tavora_ _Licentiate Don Rodrigo Gonçales de Barreda_ _Andres Martin del Arroyo_

Collated with the copy of the royal and original act from which it was copied. It is an accurate and exact copy, and agrees with the original, which was returned on the part of the said Don Fernando de Silva, in order to take account of it in the royal accountancy. This copy was made in Manila at his request, July twenty-seven, one thousand six hundred and twenty-nine; witnesses being Francisco de Silva and Don Juan Martin, residents of Manila.

_Andres Martin del Arroyo_, royal notary

_Act of the royal Audiencia_

In the city of Manila, July twenty-seven, one thousand six hundred and twenty-nine, the president and auditors of the royal Audiencia and Cnancillería of these Filipinas Islands having examined these acts in regard to the demand of his Majesty's fiscal in this royal Audiencia that Don Fernando de Silva, knight of the Order of Santiago, former governor and captain-general and president of this royal Audiencia of these said islands, give bonds to furnish residencia, for himself and his agents and servants, for the period while he exercised the said offices, and to pay the sum to which he should be adjudged and sentenced, leaving behind a person with accepted powers; and the appeal interposed by the said Don Fernando de Silva from the act enacted by this royal Audiencia, on the twenty-fourth of this present month, in which this cause was returned to the lord governor and captain-general, so that, as a competent judge, he might enact what might be justice in it, etc.: declared that, notwithstanding the said appeal, they must confirm--and they did confirm--the said act of this royal Audiencia, with the declaration that the said return be, and be understood, in order that the said lord governor and captain-general may declare whether or not he [the said Don Fernando] must give bonds to the said fiscal of his Majesty. Thus they did enact, order, and decree.

Before me:

_Pedro Muñoz de Herrera_

_Act of the governor_

In the port of Cavite, July twenty-eight, one thousand six hundred and twenty-nine, Don Juan Niño de Tavora, governor and captain-general of these Filipinas Islands, and president of the royal Audiencia therein; having examined these acts and the demand of the fiscal of his Majesty concerning Don Fernando de Silva giving bonds to furnish residencia for the period while he governed these islands, and for his agents and servants, and to pay the sum to which he should be adjudged and sentenced; the other things which he has petitioned; the return of these acts to his Lordship by the royal Audiencia in an act which they passed at [the reception of] the appeal by the said Don Fernando de Silva; another act passed by the said royal Audiencia, that, as a competent judge, the governor should enact what should be justice in this matter; and the copy of the royal decree presented before the said royal Audiencia; said that he declared--and he did declare--that his Lordship was not a competent judge in this cause to declare or order whether the said Don Fernando should or should not give the bonds which the said fiscal has demanded for the said residencia, or for any other thing pertaining to it; and that the fiscal should plead in this regard what he should have to plead before whom and with what right he can and ought. Thus did he enact and order, and he signed the same, by the advice of his counselor.

_Don Juan Niño de Tavora_ _Licentiate Don Rodrigo Gonçales de Barreda_

Before me:

_Andres Martin del Arroyo_

Collated with the original acts, which rest at present in these archives of the office of government under my charge. This copy is accurate and exact, according to the originals. At the command of the said lord governor and captain-general, I ordered to be drawn and drew this copy, in the port of Cavite, July twenty-eight, one thousand six hundred and twenty-nine; witnesses being Don Juan Martin and Francisco de Silva. In testimony of truth, I signed and sealed it.

_Andres Martin del Arroyo_, royal notary.

We, the undersigned notaries, testify that Andres Martin del Arroyo, by whom this copy appears to be signed and sealed, is a notary of the king our sovereign, and exercises the office of notary-in-chief of government and war of these islands. To his copies, acts, and dispatches, entire faith and credit is and has been given in and out of court. Given in Cavite, July thirty, one thousand six hundred and twenty-nine.

_Luis de Torres_, royal notary. _Pedro de Valdes_, royal notary. _Augustin de Valenzuela_, notary-public.

Relation of 1629-30

_Relation of events in the Filipinas Islands and other surrounding regions, from the month of July, 1629, until that of 1630_.

I shall commence the affairs of these islands with the expedition to Jolo. It is an island of this archipelago, rebellious for years past; and its natives, who are Mahometans, have made a thousand incursions against us in these islands, pillaging whenever opportunity arises, burning villages and churches, and capturing numerous people.

In order to remedy all these evils, Governor Don Juan Niño de Tabora determined to equip a powerful fleet in order to destroy that enemy and conquer a stronghold which nature has made in their island--so lofty and so difficult of approach, that there is no better stone castle; for the approach to it is by one path, and it has some artillery which defends it. The people are courageous and warlike. For our fleet were collected one galley, three brigantines, twelve freight champaos (which are like small pataches), and about fifty caracoas. The last named are the usual craft of these islands, and generally have thirty or forty oars on a side. All these vessels together carried about four hundred Spaniards and two thousand five hundred Indians, and they had considerable apparatus and war supplies. It was quite sufficient for another conquest of greater importance than the one on which they were going.

All that fleet departed, then, from the port of Dapitan on March 17. Dapitan is the port nearest to the enemy, and the island of Jolo was reached in [_blank space in the Ventura del Arco MS_.] days. At dawn our men were landed, and began the ascent to the stronghold. The master-of-camp, Don Lorenzo de Olaso, who was commander-in-chief of the fleet, preceded the men. The Joloans defended their stronghold with valor. They killed some of our men and wounded eight, among them the master-of-camp himself. He was overthrown, as if dead, and went rolling down the hill. However, he was not dead, but only wounded, nothing more. Our men retired on the run, and to speak plainly, such terror entered into them that they did not dare to attack again. They skirted the island in their craft, entered the villages, burned, wrecked, destroyed them, and killed a few people. They brought back some captives with them whom the Joloans had taken from us. A violent storm overtook them, which compelled them to weigh anchor, and they retired stealthily. Thus so powerful a fleet as that was lost. It was such a fleet that never has one like it been made for the Yndias in these islands. The Joloan enemy were left triumphant, and so insolent that we fear that they will make an end of the islands of the Pintados--which are the nearest ones to them, and which they infest and pillage with great facility.

"A greater force than ever attacked Malaca from Achen--two hundred and twenty craft; and among them thirty-three were of stupendous size and resembled galleys with topsails, while others were medium-sized and smaller; and they carried a force of nineteen thousand men of the best picked soldiers, who were all ordered not to return alive without taking Malaca. They disembarked at a river one-half legua from here. Then they began to march with great trenches, ramparts, and other devices until they neared the walls. After taking the mount of San Francisco, they fortified themselves on it, and for the space of four months they continued to batter the walls of the city. Our artillery harassed them from the ramparts also although the trenches and terrepleins did not allow us to do them much harm. They destroyed all the side of Yben, Bocachina, and San Lorenzo, and did not leave a house, palm-tree, or church. Then they attempted to pass to the Malaca side in order to destroy its suburbs, and to attack the walls on all sides. In order to make use of all their men, they beached all their ships in the mire of the river. That was their total destruction, for the reënforcements arrived on October 21, from Yndia, with Nuño Alvarez Botello--who succeeded in the government to the bishop who was governing and died; he had thirty-three oared vessels and one thousand Portuguese soldiers, the flower of the nobility and soldiery of Yndia. Thereupon the enemy retired to the river where their fleet was stationed. The governor, without disembarking, took his station in the entrance, where he cannonaded them for forty-six days with all of his artillery. He had some very heavy artillery which he had brought from Yndia, which he fired from some barges that he had built. He harassed them so greatly with these guns that, although the enemy attacked him in order to get out, they were unable; and finally surrendered, or fled to the mountains and forests, one night. A great number of them remained in our hands, and the others in the hands of the king of Pan and those of Malay friends who aided us. They abandoned a quantity of spoils, all their ships, artillery, etc., so that of the nineteen thousand men there did not remain any who could rightfully carry back the news. The Portuguese collected three hundred pieces of artillery, counting large and small, with which the fortress was well supplied, and artillery was sent to other parts. The versos, falcons, and arquebuses which they captured were without number. It was a glorious victory which our Lord gave to this city of Malaca. The neighboring kings who were subject to Achen immediately resolved to render homage, by sending their ambassadors." Thus far Father Azevedo. [8]

After having gained the victory against the people of Achen, Nuño Alvarez Botello determined to remain to winter in the region of the south. He sent some ships to Java; and with them a large galleon belonging to the enemy, and the commander and captains who were captured. He kept twenty-three of his galliots, with seven hundred picked men, in order to go in pursuit of the Dutch.

He commenced at Humbe, thirty leguas from Malaca, where, the Dutch have a factory for pepper. There were two Dutch ships at the bar [of the river] which went out to meet him. The Portuguese attacked the Dutch ship, which was a very handsome one, and had come from Holanda the year before. They gave it a volley which fell into a quantity of cartridges and powder, whereupon the ship blew up, although some of the Dutch who fell into the water were picked up. Then the Portuguese assailed the other ship, captured it, and sent it to Malaca. They saw that there was another large ship in thus mouth of the river, and attacked that one. The Dutch who were aboard deserted it. The Portuguese captured the artillery, ammunition, and other things in the ship, and set it afire.

Learning that there was another ship [up the] river, and that it was lading pepper, the Portuguese determined to go to capture it. They entered the river, attacked the ship, and, without their knowing how, it blew up. As the ship sank, a powerful suction was formed, and drew after it the Dutch [i.e., one of the captured ones] skiff in which the commander, Nuño Alvarez Botello, was giving his orders. The brave gentleman was drowned there, without any one being able to help him; and with him were also drowned his good intentions, and all that that fleet expected to do.

In consequence of the persecution of the king of Conchinchina against the missionaries [9]--because the commerce of Macao had been lacking for some time, and on account of the great drought that lasted for the space of fourteen months--Governor Don Juan Niño de Tabora ordered an embassy to be sent to the Said king, and for that purpose sent Father Antonio Cardin with some presents. The father reached Turon, and thence went to Sinao, the court of the king. The king took the presents from him, but notwithstanding that received him with very ill grace; and, without conceding him what he asked, made him retire to Macao.

[To the above relation for the years 1629-1630 (which seems to be merely a synopsis or abstract, and not a copy of the original document) is appended the following from another and later relation:]

In the years from July, 1630, until that time in 1632, says a relation, there was great peace, and the Filipinas Islands prospered; for aid from Holanda failed the Dutch, and their forces were too few to trouble the Spanish possessions of the archipelago and the Malucas. However the quiet was disturbed in the province of Caraga, where the Indians revolted, and assassinated the Spaniards and the Recollect religious who were instructing them. The leaders of the revolt were punished, and the Indians gradually subdued.

Letters from Tavora to Felipe IV

_News of the Japon fleet, and of the fortifications which were built on that occasion, without any expense to your Majesty._

Sire:

I gave your Majesty an account in July of last year, 629, by way of Nueva España, of the condition in which were war affairs in these islands; and again in November, by way of Yndia, I added such new events as had occurred up to that time. What there is to write now is that we were advised in March of this year, 630, from Macan by the ship "Trinidad," which sailed thence, that the Japanese were still angry over the burning of their junk by our men in the port of the kingdom of Sian in the year 628, as I have written in other letters; and that they were constructing large fleets to avenge themselves on our port and fort in the island of Hermosa, and on the city and coasts of Manila. It was asserted that the Japanese had forty thousand men in various ships of the Dutch and Portuguese which they had embargoed, and in a great number of their own vessels. I thought it uncertain news, because of my knowledge of the nature of the Japanese; yet I resolved to make use of it to further the fortification of this city and its environs. I suggested to the Chinese that they perform some service for his Majesty for the relief of that necessity, from their communal fund. They gave four thousand pesos, with which, and by means of other efforts, I built two cavaliers and a bit of covered way with its ledge of stone, they being built of incorruptible wood, while other enclosures and preparations were erected in Cavite. With them and with the fortifications which, as I wrote, were constructed last year on another similar occasion, this city remains well fortified. And I trust, with God's help, that when I leave here there will be much better fortifications, so that the city of Manila and the port of Cavite may be safer with few soldiers than they were before with many. On account of the same news, the fortification of the island of Hermosa was also urged forward. The commandant, Don Juan de Alcaraso, who has it in charge, writes me that he was in such condition that he did not fear the Japanese, even though they should come with as great a force as was reported. The Dutch will be able to cause greater anxiety if they should return this year to the port of Tanchuy, as they did last. I am preparing aid, not so much as our people there ask and need, but in accord with the little aid which has come to me from Nueva España.

It has been learned from a ship of Chinese which arrived here afterward, and which sailed by stealth from the kingdom of Japon, that the imprisoned Portuguese, the Dutch, and their stranded ships were still detained there, and that there was no movement of the fleet. [_In the margin_: "Give him thanks for what he has done, and [tell him] that provision has been made in regard to the junk."]

_Aid for Terrenate_

I sent the usual aid for the forts of Terrenate in the middle of November this year, as that season is the true monsoon. It was sent in two ships which had just arrived from Nueva España, together with a patache. All three vessels were equipped, and carried a sufficient force, so that they would not have to enter Terrenate by stealth, or fleeing from the enemy. I was very happy over the despatch, both for this reason and because I saved the cost and preparation of the pataches in which this aid is generally taken. God our Lord was pleased that, while the vessels were at a distance of two leguas from a port of these islands where they had to lade rice and other products, they should be struck by a very violent squall, which forced them to drag all their anchors, and the storm carried them immediately until they grounded. The flagship ran aground in the sand; but, the masts having been cut down, it and the patache were put out of danger. The almiranta grounded on reefs, where it was instantly shivered into pieces. Its mast fell in such a favorable manner that it could be used as a bridge by the men, who were all saved by that means. After the storm was over, there was opportunity to remove the artillery, the silver, and a goodly portion of the food which the ship was carrying. Consequently the loss was only of the boat, which was quite old. The two remaining ones were refitted, and proceeded on their way. Inasmuch as they could not take all the provisions necessary, I despatched another patache from this city, but it was also wrecked on these coasts. The men and provisions were saved, and the wreck was not due to the fault of those who had charge of the patache, as was proved by the trial held regarding it. I immediately despatched another patache--for in the matter of aid I leave no stone unturned--which performed the voyage. All three vessels have returned from Terrenate, where they entered at a very convenient season; because a number of our men having left our forts, by order of Governor Pedro de Heredia, to effect a junction with the men of Tidore in the town of the Ternatans, which lies under the guns of the enemy, the latter withdrew to their forts the ship which was awaiting the relief from us. That relief entered Terrenate the same day on which the enemy withdrew. After the silver and food were unladed, it was planned to sally out with the flagship of the relief fleet, to fight with the enemy's ship; and this would have been put into execution if two other ships had not come to their aid that same night, which made a force very superior to ours. It was reported that there were thirty Dutch ships in the island of Ambueno, and that half of them were coming to Terrenate to make a Moro, whom they wished to introduce into the government, king of the natives; and that the others were coming to the coasts of China, the island of Hermosa, and perhaps Manila.

That enemy has had very little power in this sea for the last two or three years. I am now informed by letters that eighteen ships have come to them from Europa, and that the Javanese have raised the siege of Jacatra, by which the Dutch will remain more free to annoy us. [_In the margin_: "[Tell him] that what he says has been noted; and that he proceed in everything with the prudence that is expected from him."]

_That the convoying of the Chinese fleet by two galleons of this state is being discussed, as that has been asked by the viceroy of Yndia._

The count of Linnares, who has just arrived to govern Yndia, requests me to send three galleons to convoy the galliots which are bound from Macan to Yndia, and which are called "the Chinese fleet," granting for the expenses certain accommodations in the duties on merchandise and the freight charges of the same trading fleet. I have discussed the matter with the auditors, and in the Council of War. Although it is impossible to do air that the viceroy asks, I am arranging to have at least two galleons go, as the majority of votes were in favor of it; and because it fits well with the determination of last year to send a galleon to Goa for anchors and other supplies which it is necessary to bring from that place. The principal reason is to oblige that viceroy thereby to join his galleons with those of this state, in order to make for once some considerable showing of force against the enemy. [_In the margin_: "Let it be understood that it is regarded as certain that the decisions which he shall make will be formed with the prudence and consideration that are expected from him."]

_Deeds of Nuño Alvarez Botello in Malaca_

Nuño Alvarez Botello had very good fortune against the enemy in capturing two ships and burning two other large and heavily equipped ones close to the factory of Jambi, which is near Jacatra. Much greater luck did he have in raising the siege of Malaca, with the capture and slaughter of nineteen thousand Moros from Achen who held the city closely beset. However both events were tempered by the death of the said captain, as your Majesty is advised through the Council of Portugal by letters from Malaca, which are enclosed with this one. [_In the margin:_ "Let account of all this be given to his Majesty, although a very detailed account of the affair will be given by the Council of Portugal."]

_Expedition made to the islands of Jolo and Mindanao_

Another sort of enemies whom these islands have are the Moros of certain kingdoms near them. Those who have been most insolent and unbridled since my arrival in this government are the inhabitants of the kingdom of Jolo. For their punishment (in addition to the punishment inflicted two years ago) a fleet was prepared this year of three hundred and fifty Spaniards and two thousand five hundred Indians, under command of Don Lorenço Olasso, master-of-camp of this army. After a long and troublesome voyage, he arrived late at the island and chief stronghold where the king lives. They found the village dismantled, and the king and his chiefs and the majority of his men retired to a very steep hill which they have fortified for that purpose. He attacked them at daybreak, confident that their lack of caution would facilitate his entrance, and that the short time remaining in which to perform that exploit would suffice. Within a very short time he gained as far as the crest of the hill, where the stout enclosure and works of the enemy were. And if, as he himself fought, there had been others to assist him, he would have entered the place and captured the king and all his household and chiefs. On the part of our Spaniards and Indians the necessary spirit was not exerted. The enemy held the stronghold sufficiently well in their defense, and with the advantage of location; and did considerable damage to our men with their artillery, spears, and other missile weapons. On that account it was deemed better to withdraw the men from the hill and to abandon the undertaking for the time, and to employ the army in burning the villages and leveling the fields round about. In doing that there were many frays with the enemy, and many of the people were killed, so that it is thought that they are severely punished. The weather did not allow the enterprise to be carried to a more satisfactory conclusion.

The fleet went from that place to the island of Mindanao, which is one of the largest islands of this archipelago, while its king is one of the most powerful enemies that these natives have had. Just now he is friendly, and the peace was confirmed with the coming of the master-of-camp, so that I trust that it will last for some years. I have increased the pay of the officers and private soldiers who distinguished themselves on that occasion, while I am trying to reduce that of those who did not, so that it may serve as a warning. [_In the margin_: "When we learn the resolution which he has taken, let report of this be made to his Majesty."]

_Reduction of the Cagayan Indians_

Cagayan affairs are in better condition than formerly. Some Indians have already been reduced to the obedience of your Majesty, and the others are being pressed to render it. I hope for a good result. May our Lord give the outcome which He knows to be most desirable. May He preserve the Catholic and royal person of your Majesty, with increase of kingdoms and states, as we your vassals desire and as Christendom needs. Manila, July 30, 1630. Sire, your Majesty's humble vassal,

_Don Juan Niño de Tavora_

[_In the margin_: "It is well. Have a copy of this letter sent to his Majesty, so that he may be informed of everything."]

_Government touching judicial and military matters_

Sire:

After having concluded my despatch, and while awaiting that of the royal Audiencia in order to sign it (they having before communicated with me in session concerning the matters of which they were to write), I learned that the auditors had sealed the letter, and that they were sending it by a different way, as they did not wish me to see or sign it. That is a singular innovation; but, in order to avoid greater disturbances, I undertook, while they were assembled, to tell them what evil they were doing in trying to make such an innovation, which was so unsuitable; for I would not hinder them from writing freely whatever they might judge fitting to the royal service of your Majesty, nor would I be angry if their opinion were different from mine. Neither were they to write anything which should be untrue, and which I could not see; thus would they avoid interrupting by such innovation the peace and concord with which we had lived during these four years. I entreated them to comply with the obligations of their office, namely, to live in harmony with their president, and to write their opinion with the truth that is required, showing that malice does not move them but only the desire of right action. [I told them that] they should do as in previous years, namely, allow me to sign the letter. I warned them of the disservice which is being done to your Majesty in the president and auditors not being in accord; and I protested to them that it was they who were declaring war, since they were persisting in trying to make me suspect that they were writing things against me which they did not dare to say to me. That is the manifestation which they might make in case of any treachery or knavery on my part. They had little to answer to these arguments, but for all that they were not willing to regulate their conduct as they should, but to persevere in their theme. That would have obliged me to make the demonstration which the case demanded, had I not considered rather the service of your Majesty than the action which the vehemence of their passions deserves.

_Attack on the orders of the government, by the auditors commanding the royal officials to pay them their thirds [of salary], notwithstanding any order of government_.

2. Jointly with this they made another attack on the government, namely, to notify the royal officials by an act that they should immediately pay them their thirds [of salary] notwithstanding any order that they might have to the contrary, as such was not from your Majesty. That they said because of the order of the government that nothing be paid without its decree. That order was given by all my predecessors, and the auditors themselves ratified it when they were governing, as will be seen by the enclosed records. I resented this action, because of their boldness in trying to oppose the orders of the government, and because of the slight foundation which they had for it: for never was more owing to them than the third for April, as the treasury is without a real at this time; and we do not have in the entire city any place to get the money, and with great difficulty are we able to get a meager aid for the soldiers and sailors. That third is paid the auditors in June or July, which is the time when the silver comes from Nueva España. And now because it arrived about ten days ago, and their third has not been paid them, because I am here in Cavite, attending to the despatch of the ships, they were so impatient that, not having taken the trouble to remind me of their need so that I might order them paid immediately, they enacted the act above mentioned--copy of which, together with the reply of the royal officials, I herewith enclose. Last year they themselves asked me not to pay them the April third until that for August was due, as they wished to receive them together. That shows how little inconvenience follows their not having received it this year in the month of July. Surely, all these actions are the offspring of their natures, [and show the] duplicity and deceit with which they are arming themselves in order to break the peace, perhaps because they have seen that the inspector who was expected did not come this or last year, at whose coming I was hoping to have rest. But since he has not come, it will be necessary for me to do myself what I wished to have done by the hand of another--namely, to give the auditors to understand the respect which they ought to have for their governor and president. This said, I shall now go on to answer the points of the letter which I have heard from them themselves, and which they say are the ones which they wrote to your Majesty. In passing, I shall answer to that Council the chief complaints, which, I suppose, are the ones that may oppose my method of governing. It is no little consolation that all of them have to do with points or controversies of justice, and not defects which transgress my obligations; for it is those that could give me some pain.

_That it is not advisable that the royal Audiencia carry the burden of visiting the prison of Tondo and that of the Parián of the Chinese._

3. The first point is in respect to the royal Audiencia petitioning that it be ordered that they visit the prisons of the village of Tondo and of the Parián of the Sangleys. This does not appear just; for although those prisons are near Manila, and inside the district of the five leguas to which the [jurisdiction of the] Audiencia extends (which is the argument on which they take their stand), still those places have their alcaldes-mayor, and are separate jurisdictions, and it belongs to those officials to make their visitation of prisons as the Audiencia do in theirs. It is true that the alcaldes-in-ordinary and those of the court (who are the auditors themselves) arrest in Tondo and in the Parián by virtue of the five leguas; but they do not put the prisoners in the prisons of those courts, but in that of the court, or the prison of this city. The example which they have cited to me--namely, that the prisons of the suburbs of Mexico are visited on Saturdays by the auditors--is not well taken in this case; for those prisons are in charge of the corregidor, and separate, because the city is large and needs those different prisons. But the prison of Tacubaja, which is one-half legua or slightly more from the city, is not visited by the Audiencia, because it has its own alcalde-mayor. And it is certain that because Sangleys are confined in these prisons of Tondo and the Parián, the royal Audiencia is claiming the right to visit them, for all their anxiety is to acquire very full authority over that people. I have written your Majesty enough on this point. It would be advisable for your service to have this royal Audiencia prohibited from trying any cause concerning the Sangleys.

_Causes for accepting the resignation of the reporter of the Audiencia from his office_.

4. The second point is in regard to their saying that I accepted the resignation of Licentiate Umaña, reporter of this royal Audiencia, from his office. It is a fact that the reasons which he gave me for it obliged me to do so--not so much on account of his lack of health and eyesight, although he has that, as for the ill-treatment inflicted upon him by the auditors, without its being possible for me to give him any relief in it, as I am not always at the meetings. The auditors are insufferable; and, although this man had served in this capacity for many years, they finally had him so harassed that they daily sought numberless excuses by which to avoid coming to the Audiencia. And inasmuch as it is difficult to struggle all one's life in one thing which concerns the ordinary despatch of business, I thought it less inconvenient to accept this resignation. In the meanwhile, until your Majesty shall provide a remedy, they have been allowed to select whomever there is in the city. But no one satisfies them; because, as there is no one who can endure them, there is no lawyer of high standing who will accept the office.

_That the auditors, are giving malicious information when they say that the governor prevents a report of the government suits from being made to the royal Audiencia._

5. The third point is that the auditors complain that I do not allow any report of the government suits to be made to the Audiencia. As a sample, they cite an appeal made by the friars of St. Augustine from the edict, issued at the petition of the city, ordering all the Sangley shopkeepers to be collected in the Parián. Although that was a necessary measure, and the royal Audiencia had no right to meddle in a matter so manifestly belonging to the government as the residence of the Sangleys in this or in that part yet I am not doing nor did I do what they say in this matter, about preventing the report to be made--as will be seen by the acts which I enclose herewith, and which are cited in the letter on government affairs, which mentions this point. By those acts will be seen the very opposite of what they tell me that they have written.

_That those appointed to judicial offices be lawyers_

6. The fourth point is that they say that there are few advocates in this royal Audiencia, as I always keep them occupied in judicial posts, which ought to be kept for men of merit. The truth is that there are not more than five lawyers in all the islands; and that in the four years while I have governed here I have not occupied in judicial offices more than two--namely, Doctor Juan Fernandez de Ledo, in the Parián (which is an office that does not prevent him from exercising the profession of the law, since he does that in this same city, and already his term of office is over), and Doctor Luis Arias de Mora (whom I have only occupied in the office at La Laguna de Bay, which is three leguas away, and in which I maintain him because of a petition to that effect from the provincial and religious of St. Francis, who are the ministers in charge of those missions). They have assured me that they have not had an alcalde-mayor for many years who has given more satisfaction in that province. Since La Laguna, whence are brought the timbers for the shipbuilding at Cavite, depends greatly on the religious, and without the latter the Indians would do nothing, and it is important to me to have there a person of great exactness, so that the cutting and sending of wood may not cease, and consequently, the building and repair of the ships; and since there are so few methodical men in this country, when there is one, I try to retain him in office all the time. In regard to appointing lawyers to judicial offices, I have made no innovation, for my predecessors have done the same; and such men can be not less suitable for those offices than soldiers. Here, Sire, there is very little for the lawyers to do, and they starve to death. Since they are citizens and have married in the country, they must be supported, at least so that the governors may have someone with whom to consult in regard to the doubts which arise with the auditors. That is the reason for the ill-will that the latter show toward them.

_Whence arises the opposition of the auditors to the concession of the winepresses which have been granted to the seminary for orphan boys_.

7. The fifth point is that they talk of the concession of the Sangley winepresses which have been conceded to the seminary for orphan boys. For justification of that, I refer to a section of the letter which I am writing on this matter in the letter regarding government affairs, and to the papers which are cited in that letter, which are clear enough. I know that the opposition shown to this is managed by Licentiate Marcos Çapata, who, as he has but lately been invested with authority, has been actively engaged in attacking these winepresses, as he thought that he was performing a great service to the community; and as it has been made clear that the disadvantages of the matter are not of the importance that he imagined, he is somewhat piqued. I beseech your Majesty to consider this point and not to allow any ill-will to disturb so excellent a work as is the completion of the seminary for these boys, without any cost to the royal revenues and without any damage to the community.

_Report on the permission to gamble which is given to the Chinese during their festival_.

8. The sixth point is that they speak of the permit which is given to the Sangleys to gamble during the fortnight of their festival. [10] They allege that it is a pernicious thing for the community. I, Sire, have been even more strict in this than were my predecessors, who introduced it at petition of the Sangleys themselves, in order to keep them quiet and in order to avoid greater troubles, as that nation is by nature excessively addicted to gambling. It seems conformable to reason that if they are not permitted to play during the year, it be conceded to them for their festival, which is the time of their holidays. Your Majesty has ordered that the infidels be allowed to live according to their own customs in everything which is not contrary to natural law, or opposed to the good example of the Christians in whose land they live. It seems very conformable to law and to good government to keep these men contented and quiet, and this is being done. This country cannot get along without infidel Sangleys, for they are the ones who bring us food from China. Consequently, it is necessary to allow them to live in their own manner in all things which are not prejudicial to the faith and to the light of reason. Gaming is a matter of indifference, and although it is true that, if it be indulged in to excess, the troubles follow which are experienced in these Sangleys, yet those troubles are not to be laid to the one who gives them the permission to indulge reasonably in a diversion. It is known as a well-ascertained fact that the Sangleys will gamble, whether with or without license; and that there are not wanting citizens, and even sons and relatives of auditors, who will shield them for it. Hence I have considered it as less troublesome to give them a moderate permission (such as that which is granted to them for their festival), and to try to prevent the danger of incurring other and greater troubles by making the Sangleys restless and discontented, and gaming secretly all the year in the houses or gateways of private persons. It is true that some friars have preached against this; but I ordered one of them, who is considered as the most learned, to give me in writing his reasons for opposing this. Having also consulted with my confessor and with other theologians, who Were of opinion that this was not a matter for burdening the conscience (and I do not know why the auditors should think that the religious who gave this opinion allowed themselves to be carried away by their desire to natter me, charging their own consciences in order to save mine), I am rather persuaded that he who preached the contrary was induced to do so by his own or another's prejudice in opposition to the government. The opinions of both sides are in my possession, with full relation of everything that there is bearing on this subject. If your Majesty wish, they can be sent you very easily; and I would have done so immediately, if they had not reminded me of this complaint at so critical a time.