Chapter XIII: Appendix: Judicial Condition of the Philippines in 1842 (2)

[12] Miguel Solana was born in Castilla, June 1, 1594; at the age of eighteen he entered the Jesuit order, and ten years later (1622) came to the Philippines. During twenty years he ministered to both the Spaniards and the natives, and later was (twice) provincial, and procurator-general at Madrid. He died at San Miguel, December 21, 1669.

Cf. this document with "Jesuit missions in 1656" (Vol. XXVIII of this series, pp. 78-103), both being written by royal command.

[13] This information is obtained by Montero y Vidal from a report made in 1654 by the Jesuits, at the order of the colonial government; it is probably one of the local reports used by Solana in compiling the preceding account.

[14] Murillo Velarde says of the Lutaos (Hist. de Philipinas, fol. 73b): "They are capable and alert, and remind me of the gypsies in España."

[15] Montero y Vidal adds: "It is seen, then, that the Christian population in charge of the Jesuits in Mindanao and adjacent regions was at that time 50,000 souls. The discalced Augustinians, who had gone to aid the Jesuits in 1621 in extending their jurisdictions of Butuan and Caraga, had 20,000 more or so in charge. As the entire population of the island was, according to Father Colin, calculated at that time at 150,000, it follows that more than two-fifths had embraced Christianity and were obedient to Spanish authority."

[16] Before embracing a religious life, Brother Francisco Bello (or Vello) had been a fine business man and merchant, and had a thorough knowledge of the Orient. See Pastells's Colin, iii, p. 806.

[17] Considerable legislation took place in regard to these two memorials. They were submitted to Sebastian Hurtado de Corcuera, who indited his reply from Santander, November 22, 1658, in which he corroborated the statements of Vello, and advises that the suggestions in both be followed. They were also submitted to one Licentiate Antonio de León Pinedo, because of his knowledge of such matters, who answered under date of Madrid, January 10, 1659, advising that the forts of Terrenate be annexed to the spiritual jurisdiction of the Philippines. The fiscal, reporting on the matter at Madrid, February 11, 1659, also favors the establishment of a tribunal of the Inquisition at Manila and the merging of the Terrenate forts in the archbishopric of Manila. On March 11, 1659, the council resolved that the viceroy and Audiencia of Nueva España report pro and con on the founding of a tribunal of the Inquisition in Manila, after conferring with the inquisitor of Mexico; also that the governor and archbishop of the Philippines report on the means of supporting a tribunal of the Inquisition without royal expense. A royal decree of April 24, 1659, directed to the governor and Audiencia of the Philippines, orders them to report pro and con on the separation of the Terrenate forts from the bishopric of Malacca and their addition to the archbishopric of Manila. Another decree of like date addressed to the viceroy and Audiencia of Nueva España orders a report on the establishment of a tribunal in Manila. Although the memorials are without date, it is probable that they were presented to the royal Council in the latter part of 1658; for Bello succeeded Patiño as procurator-general at Tenerife, July 26, 1657. See the original documents presented by Pastells (Colin, iii, pp. 806-810).

[18] Mateo Bermudez was one of the Dominican mission that arrived in the islands in 1626. He ministered in Formosa, and in the Parián of Manila; and was afterward procurator at Madrid and Rome, and visitador to the American provinces. In 1658 he returned to Mexico, remaining there until his death (1673), at the age of eighty.

[19] In the MS. this latter clause is separated from the preceding one, but obviously refers to it. The argument of Solana is: The Dominican school requires the teachings of St. Thomas, "the Angelical Doctor," to be maintained. But St. Thomas opposed the belief and doctrine of the immaculate conception of the blessed Virgin Mary. In Solana's day the dogma of the immaculate conception had not yet been defined by the Church; it then was a moot question. But in that day the belief in and teaching of the immaculate conception was common, though not (as said) of duty--Dominicans only, one may say, holding to the contrary. The pupils, then, of Santo Tomas had to swear to uphold what was not common belief, although it was not then heretical.--Rev. T. C. Middleton, O.S.A.

[20] Many passages in this document are very involved and elliptical, and in some places the sense is not at all clear. The translation is necessarily somewhat free, at times, in wording; but it is believed that the author's meaning is, as a rule, accurately rendered.--Rev. T. C. Middleton, O. S. A.

[21] This description of the Philippines appears in a manuscript book of an itinerary of the district of the Inquisition of Mexico, made by the order of the bishop of Plasencia, Diego de Arce Reynoso, a member of his Majesty's Council and inquisitor-general of his kingdoms and seigniories, and given to Pedro de Medina Rico, visitor of the Inquisition of the City of Mexico and its districts. The Philippines have place in this itinerary, as they were under the Inquisition of Mexico. This general visit or itinerary was to include a general review of all things affecting the Inquisition, its establishments and employees.

[22] That is, along the bay shore in the other direction--northward from the city of Manila.

[23] This is a misstatement, for the three islands of Samar, Negros, and Panay are larger than Paragua, the areas of the four islands in square miles being respectively, 5,031, 4,881, 4,611, and 4,027. See Census of Philippine Islands, ii, p. 30.

[24] The island of Cebú has an area of 1,762 square miles; Bohol, 1,441; 2,722; 5,031; Samar, 5,031; Negros, 4,881; Bantayan (the Bantallan of the text), 47; Panai, 4,611; Mindanao, 36,292. See Census of Philippine Islands, ii, p. 30.

[25] Bachian, not Ternate, is the largest of the Moluccas, its area being 800 square geographical miles, while that of Ternate is only 11.5. See Crawfurd's Dictionary.

[26] The following two sections are taken from the Historia de los religiosos descalzos (Madrid, 1681) of Luis de Jesús, pp. 371-373.

[27] The title-page of this book, translated, reads as follows: "General history of the discalced religious of the Order of the hermits of the great father and doctor of the Church, St. Augustine, of the congregation of España and of the Indias. Volume third: which was written by the very reverend father Fray Diego de Santa Theresa, pensioned lecturer, ex-definitor, and chronicler-general of the said congregation; arranged and enlarged by Father Fray Pedro de San Francisco de Assis, pensioned lecturer, calificador of the Holy Office, definitor of the holy province of Aragon, and chronicler-general. Dedicated to Nuestra Señora del Pilar [i.e., "our Lady of the Pillar"] of Zaragoza. Containing apologetic additions to the first volume in defense of the discalced Augustinians, in answer to what was written against them by the father master Fray Alonso de Villerino; and one decade, namely, from the year 1651 to that of 1660. With license. In Barcelona; at the press of the heirs of Juan Pablo and Maria Martí, under the management of Mauro Martí, in the year 1743." The heading of the dedication is as follows: "To the sovereign queen of heaven and earth, on her throne of the pillar in Zaragoza" and it is followed by a long and curious letter of dedication. We translate and condense from a copy owned by the Library of Congress, which bears the following inscription: [This book] belongs to the Library of the convent of the discalced Augustinian fathers of Valladolid. Fray Tomas de San José, Librarian."

[28] Manobos: This name is applied to several pagan Malay tribes in northern and eastern Mindanao, the word meaning "man"--just as many other savage tubes in all parts of the world designate themselves as "men" ("the men," par excellence); but Santa Theresa's description of them does not accord with that of Dr. Barrows. (See Census of Philippine Islands, i, pp. 461, 462.)

[29] The same name as Dávao, that of the province occupying the southeastern part of Mindanao.

[30] i.e. "Black vomit;" a reference to the yellow fever, which is still prevalent today in that region.

[31] i.e., "within two days' journey."

[32] i.e., "When officiating in his duties, and as far as it relates to the care of souls."

[33] The Negritos (who have been frequently mentioned in previous volumes of this series), or Aetas, form part of the Eastern division of the pygmy race of blacks. In the Philippines, the Negritos are tound mainly in Luzón and Panay, and in northeastern Mindanao; in smaller numbers they also inhabit districts in Palawan and Negros, and in some small islands besides. As in our text, they are, in Luzón, often mentioned in connection with the Zambals--who "were the most indolent and backward of the Malayan peoples," and "who, in the days before the arrival of the Europeans, were in such close contact with the Negritos as to impose on them their language, and they have done it so thoroughly that no trace of an original Negrito dialect remains." See W. A. Reed's study of the "Negritos of Zambales," vol. ii, part i of Ethnological Survey Publications (Manila, 1904); it contains valuable information, based on actual field-work among those people, regarding their habitat, physical features, dress, industrial and social life, amusements, superstitions, etc., with numerous illustrations.

[34] Apparently this comparison of financial statements was inserted by Fray Pedro de San Francisco de Assis, the editor of Santa Theresa's work.

[35] Agutaya is the principal island of the northern Cuyos group, and contains a town of the same name.

[36] There are several places of this name in the islands; the reference in the text is probably Taytay, the chief town of northern Palawan.

[37] Baler is capital of the subprovince of Príncipe, in Luzón; its latitude is 15° 40' 6" North.

[38] The following statement by Dr. David P. Barrows--who is chief of the Bureau of Non-Christian Tribes, Manila, and is probably our best authority on this subject--presents the latest view regarding the origin of the Filipinos, adopted after much patient and enthusiastic research in that field by him and other American ethnologists. It may be found in the recently-published Census of the Philippine Islands, i, pp. 411-417.

"Ethnologically, no less than geographically, the Philippines belong to the Malay archipelago. With the exception of the aboriginal dwarf blacks, the Negritos, who are still found inhabiting the forests in a great number of localities, all the tribes of the islands, whether Christian, Mohammedan, or Pagan, are, in my belief, derived from the Malayan race. We probably have in these tribes two types which represent an earlier and a later wave of immigration; but all came from the south, all speak languages belonging to one common stock, and all are closely related in physical type and qualities of mind. As representative of the first migratory movement may be named the Igorot, the mountain head-hunter of Northern Luzón; and of the latter almost any of the present Christian or Mohammedan tribes. The migratory period of this latter type, which constitutes the great bulk of the present population of the islands, is almost covered by the early historical accounts of the exploration and settlement of the Far East.

"Four hundred years ago, when the Portuguese discoverers and conquerors reached southeastern Asia, they found the long peninsula in which the continent ends, and the islands stretching south and east in this greatest and most famous of archipelagoes, inhabited by a race which called itself Malayu. On the island of Java this race had some ten centuries before been conquered by Brahmin Hindus from India, whose great monuments and temples still exist in the ruins of Boro Budor. Through the influence and power of the Hindus the Malay culture made a considerable advance, and a Sanskrit element, amounting in some cases to twenty per cent of the words, entered the Malayan languages. How far the Hindu actually extended his conquests and settlements is a most interesting study, but can hardly yet be settled. He may have colonized the shores of Manila Bay and the coast of Luzón, where the names of numerous ancient places show a Sanskrit origin. The Sanskrit element is most pronounced in the Tagálog and Moro tongues. (Pardo de Tavera, El Sanscrito en la lengua Tagala.)

"Following the Hindus into the Malay archipelago came the Arabs. They came first as voyagers and merchants, and here as always the Arab was a proselyter, and his faith spread rapidly. Long before the Portuguese arrival Islamism had succeeded Brahminism and the Arab had supplanted the Hindu.... Mohammedanism gradually made its way until, on the arrival of the Europeans, its frontiers were almost the same as those of the Malay race itself.

"The people who carried this faith, and who still rank as the type of the race, were the seafaring population, living in boats as well us on the shore, who control the islands of the straits between Sumatra, the Malay Peninsula, and Borneo. These people received from the Portuguese the name of Cellates, a corruption of Orang Salat (Sea Folk). Under the influence of Mohammedanism this race, which seems to have originated in Sumatra, improved in culture, formed many settlements and principalities, and because of their seagoing habits, their enjoyment of trade, and their lust for piracy, carried their name (Malayu), their language, and their adopted Mohammedan religion throughout the Malay archipelago. Probably as early as 1300 these adventurers established a colony on northwest Borneo, opposite the island of Labuan, which colony received the name of Brunei, from which has been derived the name of the whole island, Borneo. The island was already inhabited by Malayan tribes of more primitive culture, of which the Dyak is the best known. From this settlement of Borneo the Mohammedanized Malay extended his influence and his settlements to the Sulu archipelago, to Mindanao, to Mindoro, and to Manila Bay." The people of Sulúan, whom Magellan encountered near Sámar, "were almost certainly of the same stock from which the present great Visayan people are in the main descended. Many things incline me to believe that these natives had come, in successively extending settlements, up the west coast of Mindanao from the Sulu archipelago.... To the present day the physical type and the language, persisting unchanged in spite of changes of culture, closely relate the Visayan to the Moro. In addition to these arrivals from the archipelago of Sulu there was probably a more primitive Malayan population, whom the later arrivals already had more or less in subjection, as the Moros even now control the pagans on the mainland of Mindanao.... Thus we may infer that at the time of the discovery there were on these central islands of the archipelago, a primitive, tattooed Malayan people, related on the one hand to the still primitive and pagan tribes of the Philippines, and on the other hand to the wild head-hunting tribes of Borneo; and in addition intruding and dominating later arrivals, who were the seafaring Malays."

Interesting in this connection is the following remark on the Negritos by Taw Sein Ko, in his "Origin of the Burmese Race," published in the magazine Buddhism, (Rangoon, Burma), in March, 1904: "There remains the question as to the autochthonous races which were displaced by the Burmese, Talaings, Shans, Chins, and Karens in Burma. Before the advent of these nations, the Negrito race appears to have occupied southeastern Asia, including Burma. Remnants of it are still found in the Andaman Islands, Philippines, Borneo, and Malaya."

[39] Apparently a reference to Manuel Estacio Venegas, a favorite of Fajardo's, whose downfall Letona relates in sect. 59.

[40] Vascongado: a term applied to the people or products of the Spanish provinces of Alava, Guipúzcoa, and Vizcaya (or Biscay).

[41] A phonetic rendering of one of the numerous names of a noted Chinese corsair--generally known as Kue-sing or Ko-xinga; La Concepción also gives, as his original Chinese name, Tching-tching-cong, and Coseng and Punpuan (in Diaz, Cogsin and Pompóan) as other appellations. He also says that Kue-sing (the name meaning "adopted son of a king") was adopted by the emperor Congun, who had no sons. The accounts of various writers do not agree regarding the early history of this adventurer; but that given by our text is apparently corroborated by other accounts of Kue-sing's achievements and exploits during his later years. Detailed relations of his career, and of his attempt upon the Philippines, may be found in Diaz's Conquistas, pp. 461, 551-555, 616-637; Santa Cruz's Hist. de Filipinas, pp. 271-278, etc.; Murillo Velarde's Hist. de Philipinas, fol. 270b-275; La Concepción's Hist. de Philipinas, vi, pp. 345 (sc. 355)-359, and vii, pp. 38-56; Ferrando's Hist. PP. Dominicos, iii, pp. 12-17, 29-41, 47-67, 78-98; Montero y Vidal's Hist. de Filipinas, i, pp. 313-322, 329. Ferrando calls Kue-sing the "Attila of the East."

[42] Vittorio Ricci (Spanish Riccio) was a relative of the noted Jesuit, Mateo Ricci. He made profession as a Dominican in 1635, and was a student and afterward a teacher in the Dominican college at Rome. Meeting there (1643) the noted Fray J. B. Morales, Ricci decided to return with him to the East, and arrived at Manila in 1648. There he ministered to the Chinese for seven years, when he was sent to the China mission. He was much favored by the noted Kue-sing (or Ko-xinga), who obliged him to become his ambassador to Manila (1662). Returning to China, Ricci found that Kue-sing was dead, and persuaded the latter's officers that it was to their interest to maintain peace and commerce with the Spaniards--for which purpose they sent him again to Manila, as here narrated. In 1664 a persecution arose in China, and the missionaries were summoned to Peking. Fearing to obey, as he had been on Kue-sing's side, Ricci fled to Formosa, and afterward (March, 1666) returned to Manila--where he was imprisoned for some time. Afterward he held various important offices in his order, and aided in the compilation of Santa Cruz's continuation of Aduarte's history. He died at the Parián, February 17, 1685. See Reseña biográfica, ii, pp. 461-464.

[43] The letter of Kue-sing, and the governor's reply, may be found in Diaz's Conquistas, pp. 625, 626, 629-631; and Murillo Velarde's Hist. de Philipinas, fol. 271, 274.

[44] The order to abandon Zamboanga arrived there on June 19, 1662; but this was not accomplished until April, 1663. The commandant of this fort at that time was Fernando de Bobadilla. Paquian Bactial, king of Joló, as soon as he heard of the proposed abandonment, plotted to kill all the Spaniards in Zamboanga, and make it his own capital; he asked Corralat to aid in this enterprise, but the latter refused to break his peace with the Spaniards. Royal decrees at various times ordered that fort to be again occupied; but this was not done until 1718, under the rule of Governor Bustamente. (See Murillo Velarde's Hist. de Philipinas, fol. 275, 276.)

[45] Probably thus named from the tree called talisay (Terminalia catappa), as perhaps constructed from its wood. Its bark is used for dyeing; and its seeds are edible, resembling almonds. See Blanco's Flora (ed. 1845), p. 264; and Official Handbook of Philippines, pp. 309, 356.

[46] Referring to the Dominican Riccio, who with the title of mandarin had brought Kue-sing's message.

[47] "From the cattle-herds on the ranches, and other men who were skilful in managing horses, he formed a cavalry troop of 400 men, in command of Don Francisco de Figueroa" (Murillo Velarde, Hist. de Philipinas, fol. 273).

[48] José de Madrid, a native of Cebú, was a student and later a teacher, in the college of Santo Tomás at Manila, having entered the Dominican order in 1646. He went to China, but, fearing to lose his life, returned to Manila, only to die, as here related, at the hands of the Chinese (May 25, 1662).

[49] These were Malays who had accompanied the Spaniards from Ternate, where they formed a village, their name meaning "free people" (Pastells's ed. of Colin's Labor evangélica, iii, pp. 266, 812). La Concepción (Hist. de Philipinas, vii, p. 102) says: "Under this name [i.e., Mardicas, or Merdicas] are included natives of Ternate, Tidore, and Siao; of Manados, Cauripa, Celebes, and Macasar. They were allotted a dwelling-place at Marigondon, on the great bay of Manila ... and theirs is the island of Corregidor, from which they give warning of the ships that they descry, by signal-fires." He says that they speak three languages--Spanish, Tagálog, and their own dialect; and "regard themselves as the spiritual sons of St. Francis Xavier, to whom they are singularly devoted--a feeling inspired by their forefathers, who had known him and witnessed his marvelous works." Ferrando says (Hist. PP. Dominicos, iii, p. 94) that these people have preserved their own dialect, usages, and customs; and up to recent times had not intermarried with the Filipinos of neighboring villages.

[50] La Estacada (literally "the stockade") was on the same side of the Pasig River as Binondoc, but separated from that village by the little estuary which leads to the village of Tondo. See Muñoz's map of Manila and its suburbs (1671) in Pastells's edition of Colin's Labor evangélica, iii, p. 824; this map will be reproduced in the present series.

[51] Spanish falsabraga: "a parapet constructed at a lower elevation than the main parapet, and between the parapet and the edge of the ditch. It was used only in permanent fortification, and has long been obsolete;" see Wilhelm's Military Dictionary (Phila., 1881), p. 158.

[52] Cf. with this description the fortifications indicated on Muñoz's map, mentioned ante, p. 243, note 50.

In order to prevent the enemy from fortifying large buildings outside the walls, "orders were issued to demolish the churches of Santiago, Bagumbaya, Hermita, Malate, Parañaque, Dilao, San Lazaro, the Parian, and Santa Cruz--besides various country houses which the Spaniards own in those environs." (Murillo Velarde's Hist. de Philipinas, fol. 272.)

[53] This son was called Kin-sié, also known as Tching King-may and Sipuan; La Concepción says (vii, p. 55) that he, "who had been reared in the study, among books, did nothing to cultivate the country which his father had acquired with so many dangers and fatigues, and the troops therefore became, in his service, lax and cowardly."

[54] The references in this document to the rulers of China can hardly be satisfactorily identified; the various names given to the same person, the conflicting claims of various usurpers or temporary rulers, and the struggle between the dying Ming dynasty and the Manchu conquerors, cause great confusion and uncertainty in the history of that period. The actual ruler of China was then the Manchu Chuntche (1646-61); he was succeeded by his second son, Kanghi.

[55] Nanking was, under some early Chinese dynasties, the capital of the empire. This name signifies merely "Southern Court;" the proper appellation of the city is Kianningfu. Odoric of Pordenoñe, who visited it near the year 1325, says that its walls had a circuit of forty miles, and in it were three hundred and sixty stone bridges, the finest in the world (Yule's Cathay, i, pp. 120, 121).

[56] This was Hia-mun, or Emuy (known by the English as Amoy); it lies off the province of Fuh-kien, at the mouth of the Lung-kiang ("Dragon") River. On it lies the city of Amoy, a large and important commercial port; it has one of the best harbors on the coast. (Williams's Middle Kingdom, i, pp. 114, 115.)

[57] Diaz relates this (Conquistas, p. 619) in greater detail. "The Tartar [i.e., Chuntche], seeing himself reduced to so great straits ... resolved to command that all the [inhabited places on the] maritime coasts should be laid waste and dismantled, for a distance of three or four leguas inland, throughout the more than eight hundred leguas of coasts which that empire possesses. This, to the great injury of the empire, left demolished and razed to the ground innumerable settlements and cities, enough to compose several kingdoms. This was the greatest conflagration and havoc that the world has seen, ... and only populous China could be the fit theater for such a tragedy, and only the cruel barbarity of the Tartars [could make them the] inventors and executors of such destruction. The upheaval which the execution of this so unexampled cruelty caused cannot be described; the loss of property is incalculable; and human thought cannot conceive the horror produced by the sight of so many thousands of towns and cities burning. At last this general conflagration was completed, the fire lasting many days--the clouds of smoke reaching as far as Hia-muen, more than twenty leguas, and the sun not being visible in all that broad expanse. Stations were established at suitable distances for easily rendering aid, well garrisoned with soldiers; and watch-towers were erected a legua apart, to keep a lookout over the sea-coasts. A public proclamation forbade any person to pass the bounds assigned, four leguas distant from the seashore. With these precautions, if Kue-sing's ships landed there, a great number of soldiers were quickly assembled to dispute his entrance into the country--thus keeping within bounds Kue-sing, who now did not encounter sleeping men."

[58] Referring to the bay whereon was situated the chief settlement and fort of the Dutch in Formosa, that of Tai-wan, in the southwestern part of the island.

[59] Apparently referring to the usual despatch of several copies of a letter, to ensure its safe receipt. The form of this summary would indicate that it is made by Ventura del Arco; and it is followed by a tracing of Salcedo's autograph.

[60] Either this date or the date 1665 (see post, p. 266) is doubtless a transcriber's error.

[61] I Corinthians, vii, 20.

[62] Alcalde de monterilla: An ironical and descriptive qualification of petty judges (Dominguez's Diccionario).

[63] As appears from a note by Mas, the alcaldes paid a certain sum for the privilege of trading. Their salaries in 1840 were variously for the sums of 300, 600, and 1,000 (one instance) pesos. The trading privilege cost from 40 to 300 pesos.

[64] This is the famous philosophical treatise on political science, which was published by Charles de Secondat, baron de la Brède de Montesquieu, in 1748, and was the product of twenty years' work.

[65] Jeremy Bentham, the English jurist and philosopher who lived in the years 1748-1832.

[66] Probably referring to La scienza della legislazione of Gaetano Filangieri, the Italian jurist, who lived 1752-88. He was influenced somewhat by Montesquieu.

[67] i.e., Of the Leyes de Indias.