245. [Names of attorneys of both parties must be entered on all judicial acts and documents.]

246. [Money sent to attorneys for costs must be immediately deposited with the clerk, who shall keep a record.]

247. They shall accept no more fees than shall be regulated by our president and auditors, especially in cases where Indians are plaintiffs or defendants, under a penalty of twice the amount, for our exchequer.

248. [Of notice to parties as to testimony on second instance.]

249. [Documents must be clearly written, without erasure, and properly folded.]

250. [Attorneys may not receive gifts to protract causes.]



BIBLIOGRAPHICAL DATA

All the documents presented in this volume, except four, are obtained from the Archivo general de Indias at Sevilla, and are translated from our transcriptions of the original MSS. They are located as follows:

Penalosa's two letters: In the patronato "Simancas-Secular; Audiencia de Filipinas; cartas y expedientes del gobernador de Filipinas vistos en el Consejo; anos 1567 a 1599; est. 67, caj. 6, leg. 6."

Loarca's "Relation:" In "Simancas-Filipinas; descubrimientos, descriptiones y poblaciones de las Yslas Filipinas; anos 1537 a 1565 1 deg. hay 2 deg.; est. 1, caj. 1, leg. 1 23." In the Real Academia de Historia, Madrid, is a copy of this document, made by Munoz; it is somewhat modernized in spelling, capitalization, etc. A copy of Munoz's transcription is in Lenox Library. The original MS. is without date; but internal evidence with Penalosa's statement in his letter to the king (Vol. IV, p. 315), shows that Loarca wrote his account of the islands in June, 1582. In the same legajo with this document is the "Report on offices saleable;" but, as the dates show, both are misplaced here. They probably belong in the same patronato as that in which are found the next two documents.

Ribera's letter, and the instrument establishing the Audiencia of Manila: In a patronato which bears the same title as the preceding one, but covers the years 1582 to 1606. These two documents are in "est. 1, caj. 1, leg. 3 25" the Audiencia decree being also designated as "1 deg. 1, no. 11."

Salazar's letter of 1582: In "Simancas—Eclesiastico; Audiencia de Filipinas; cartas y expedientes del arzobispo de Manila, vistos en el Consejo; anos de 1579 a 1599; est. 68, caj. 1, leg. 1."

Letter of Juan Baptista Roman: In "Simancas-Secular; Audiencia de Filipinas; cartas y expedientes de los oficiales reales de Filipinas, vistos en el Consejo; anos 1564 a 1622; est. 67, caj. 6, leg. 29."

The "Instructions for the commissary of the Inquisition" is found in the Archivo general of Simancas; our translation is made from a transcription of the original MS. Its pressmark is: "Consejo de Inquisicion; libro 762, folio 170."

The Salazar "Relation" of 1583 we translate from the text given in Retana's Archivo del bibliofilo filipino iii, no. 1,

The papal decrees regarding the Dominicans are obtained from Hernaez's Coleccion de bulas, i, pp. 527, 528.



NOTES

[1] This document is presented in both Spanish text and English translation.

[2] This document is presented in both Spanish text and English translation.

[3] A pretender to the Portuguese throne, who occupied it for a short period (in 1580) in the interim between Henrique's death and Felipe's accession, see Vol. I, pp. 355, 356.

[4] Alonso Sanchez was born at Mondejar, in 1547; and became a novice in the Jesuit order (June 18, 1565), at Alcala. In 1579, he went to Mexico; and two years later, with Bishop Salazar, to the Philippines. He was sent to Macao in 1582 to receive for Felipe II the allegiance of the Portuguese at that place. Stanley, in his edition of Morga's Sucesos (p. 402) says: "The library of the Academy of History, Madrid, contains a Chinese copy of a chapa, by which the mandarins of Canton allowed a Portuguese ship to come and fetch Padre Alonso Sanchez and the dispatches from Machan (Moluccas)." In 1586 Sanchez was commissioned by the governor and Spanish inhabitants of the Philippines to go to Rome and Madrid in their behalf; documents which explain this embassy will be presented in later volumes of this series. He died at Alcala, May 27, 1593. Sommervogel cites (Bibliotheque Comp. Jesus, viii, col. 520, 521) various writings by Sanchez, mainly on missionary affairs, or on the relations between the Philippine colony and the crown of Spain.

[5] Thomas Candish, the English navigator, relates in picturesque style the fortunes of the Spanish settlement here referred to, "King Philips citie which the Spaniards had built." Candish halted there in January, 1587; the place was then deserted, and he named it Port Famine. It was located not far from the extreme southern point of the Patagonian mainland, at a point commanding the Strait of Magellan. Candish says: "They had contriued their Citie very well, and seated it in the best place of the Streights for wood and water: they had builded vp their Churches by themselues: they had Lawes very seuere among themselues, for they had erected a Gibet, whereon they had done execution vpon some of their company.... During the time that they were there, which was two yeeres the least, they could neuer haue any thing to growe or in any wise prosper. And on the other side the Indians oftentimes preyed vpon them vntill their victuals grewe so short... that they dyed like dogges in their houses, and in their clothes, wherein we found them still at our comming.... To conclude, they were determined to haue trauailed towards the riuer of Plate, only being left aliue 23 persons, whereof two were women, which were the remainder of 4 hundred." See Hakluyt's Voyages (Goldsmid ed., Edinburgh, 1890), xvi, pp. 12, 13.

[6] Don Lorenzo Juarez de Mendoza, Count of Coruna, assumed the duties of viceroy of New Spain on October 4, 1580; he was then advanced in years, and died at Mexico before his three-years' term of office expired—on June 19, 1583.

[7] Antonio Sedeno was born at San Clemente, in 1532 or 1535. In his youth he was a soldier and military engineer, but entered the Jesuit order in 1558 or 1559. After his ordination he went (1568) to Florida as a missionary, and in 1572 to New Spain. The rest of his life was spent in the Philippines, where he not only held high official positions in his order, but introduced among the Filipino natives many industries and manufactures, opened the first school in the island, founded colleges, and engaged in many other labors for the benefit of both the Spanish and the natives. He died September 2, 1595. See notice of his life in Sommervogel's Bibliotheque; and Algue's Archipielago filipino, i, p. 251 (translated in Report of U.S. Philippine Commission, 1900, iv, p. 99).

[8] The words in italics at the beginning of the paragraphs are in the MS. written as marginal notes.

[9] The matter in brackets is an insert in the margin of the original manuscript.

[10] In making this correction the writer evidently neglected to change the gender of "vnas."

[11] Pasacao River is a small stream on the western side of the (old) province of Camarines Sur. The overland journey here mentioned is to Nueva Caceres, capital of the province, which is ten miles above the mouth of Naga River (although farther by the windings of the river). This river has its source only four miles from the Pacific coast of Albay, whence it flows N.W. into Bato Lake; this part of its course is called Inaya River. Another N.W. course of about the same length (about 25 miles) carries the waters of the lake as far as Nueva Caceres, in a stream known as Bicol (the Vicor of our text) River. From that city to its discharge in San Miguel Bay, it is called Naga River.

[12] A sort of garment worn by peasants, opening behind or at the shoulder. The meaning of the name, "jump aboard," suggests the similar name applied in some localities in the United States to a sort of over-all blouse, there called "jumper."

[13] Cf. the descriptions of this custom in Morga's Philippine Islands (Hakluyt Society, London, 1868), p. 304; and in account of Thomas Candish's voyage, in Hakluyt's Voyages (Goldsmid ed.) xvi, p. 42.

[14] "A god of the Higuecinas (a subdivision of the ancient Bisayas). The Igueines (another subdivision of that people) believed that the god Maguayan carried the souls of his disciples, in his boat, to another life."—Ferdinand Blumentritt: "Diccionario mitologico," in Retana's Archivo, ii, p. 411.

[15] These seem to be memoranda, which the writer forgot to fill in later.

[16] The tabon, also called "the mound-builder" (Megapodius cumingi). Its eggs are highly prized by the natives as an article of food; they rob the deposit made by the birds. After each egg is deposited, the parent birds (several pairs of whom often frequent the same spot) scratch earth over it, thus gradually raising a mound of considerable size. See description of this bird in Report of U.S. Philippine Commission for 1900, iii, pp. 314, 315.

[17] Of the banana (Musa), over fifty varieties have been enumerated as found in the Philippine Islands. Many of these are minutely described in Blanco's Flora, pp. 167-175. The nangca (or langca) is Arctocarpus integrifolia; the macupa (also known as tampoi), Eugenia malaccensis; the santol (santor), Sandoricum indicum. See descriptions of all these in Blanco's Flora, and in U.S. Philippine Gazetteer, pp. 93-95.

[18] The bejucos, as before explained, are various species of Calamus, commonly known as rattan. Blanco describes two of these (C. maximus and C. gracilis) as furnishing a supply of water. Some of the species attain a height of more than six hundred feet.

[19] A sketch of this officer in Cartas de Indias (p. 734) states that he founded the city of Nueva Segovia, and probably remained in the islands from the time of their conquest until his death; also that the Japanese corsair here referred to was named Tay Zufu.

[20] Champan (or sampan): a Chinese vessel; described by Retana (Zuniga's Estadismo, ii, p. 513*) as being "about as large as a Spanish patache, but inferior to the junks of the Chinese; used by that people for trading in the Filipinas islands." The term is now applied to a boat 12 or 15 feet long, in which a family often makes its home, on the Canton River; also to a vessel of 70 or 80 tons' burden, used in the rivers of Colombia, S.A.

[21] The Dominican order (also known as the Order of Preachers) was founded, about 1215, by St. Dominic de Guzman; he adopted, but with various additions, the rule of St. Augustine. Among the great men who have belonged to this order are Thomas Aquinas, Johann Tauler, and Girolamo Savonarola.

[22] Chiapas (Chiapa) was a province of the ancient kingdom of Guatemala; also a bishopric (erected in 1538). Its capital bore the same name.

[23] The vicar-general to whom these letters were addressed was named Fr. Juan Crisostomo Sevillano.—Rev. T.C. Middleton, O.S.A.

[24] The original MS. is endorsed by some archivist: "Letter of Captain Gabriel de Rivera to his Majesty, upon Philippine affairs;" but the letter is evidently addressed to some official—perhaps the viceroy of New Spain, or the president of the royal council.

[25] In a letter dated Manila, July 20, 1581, and signed by Amador de Arriaran, Andres Cabchela, Salvador de Aldave, Luis de Vivanco, Joan Manuel Pimentel, Juan Maldonado, Gabriel de Ribera, and Juan Pacheco Amado, it is stated that Ribera is sent as procurador [attorney]-general to the king to give account of the "affairs and condition of this land." He is recommended to the king's consideration as "one of the first who came to this exploration and pacification" with Legazpi, and "has been able to give a good account of himself in everything." The pressmark of this document, which exists in Archivo General de Indias at Sevilla, is: "Simancas Filipinas: Descubrimientos, etc., anos 1566 a 1586; Est. 1, caj. 1, leg. 2 24." Morga says that Ribera was created Mariscal of Bonbon while in Spain. The effect of his mission was the establishment of the Audiencia of Manila, whose president was to fill the offices of governor and captain-general of the islands. This was attained after the death of Ronquillo, although that event was unknown in court at the time.

[26] Gonzalo Ronquillo was governor from 1580 until his death in 1583. Morga says that trade with the Chinese was increased during his governorship. He attempted to discover a return route to New Spain through the southern seas, but was unsuccessful. He opened trade with Peru. A duty of two per cent on merchandise sent to New Spain was imposed by him, and one of three per cent on goods imported by the Chinese.

[27] Taking the words "twenty years" literally would make the date of this letter in 1584, but it must have been prior to that date. Ribera was sent to Spain in 1581, and Ronquillo died in 1583. The date of this letter therefore is conjectured to have been the latter year.

[28] Retana's text here reads thus: "El precio que tenian las cosas, despues que los Espanoles introduxera la moneda de plata, que por la mayor parte son tostones, que asi llaman a los reales de a cuatro cientas gantas de arroz, y por otro [real], ciento de vino, y por otro, doce y catorce y a un diez y seis gallinas." The bracketed word real was supplied by Retana. A more satisfactory emendation would be toston, the equivalent of real de a cuatro. The passage should read thus: "reales de a cuatro [por un toston cuatro] cientas gantas de arroz, y por otro [toston] ciento," etc. This supposition is borne out by a later passage where Salazar states that in former times four hundred gantas of rice cost one toston.—H.E. Bolton.

[29] Ronquillo was governor of the entire archipelago.—Retana.

[30] He alludes, as will be seen below, to the encomenderos, against whom, chiefly, this accusation by the famous bishop Salazar is directed—Retana.

[31] A mistake for "Gonzalo;" Father Salazar commits the error again, as will be seen farther on.—Retana.

[32] The word "taels" is Retana's conjecture; but it is possible that the doubtful word was joyas ("ornaments"). From the context, it is more probably quintos ("fifths"), indicating that the royal officials attempted to exact from the Indians the "king's fifth" on all their possessions of gold, as well as on that newly dug from the ground.

[33] That is, as no longer in circulation (Span., por perdido). The reference is to the native custom mentioned by Sande in his report of 1577 (see Vol IV of this series, p. 99). Speaking of the best grade of gold used by the Moros, he says: "From this is made the jewelry which they inherit from their ancestors, with which they never part."

[34] A term originally applied to the gold or silver wristlets and anklets worn by Moorish women.

[35] In the form of promissory notes, such as always have been so much used and abused in the Philippines.—Retana.

[36] Span., perlados; so in Retana's text, but from the context there is apparently some error in this—perhaps a copyist's conjecture for some illegible word.

[37] This man was notary of the expedition sent to Borneo and Mindanao by Francisco de Sande under command of Gabriel de Rivera. See ante, Vol. IV, p. 273.

[38] Fray Santa Ines says (Cronica, i, p. 16) that the use of this phrase (Spanish, Islas del Poniente) arose among Spanish traders—partly because, to reach the Philippines, they followed the course of the sun westward from Spain; and partly to sustain the contention that those islands were "in the demarcation of Castilla, or the Western Indias, and not in that of Portugal, or Oriental India."

[39] The Inquisition was first introduced into Portuguese India in 1560; and into Spanish America in 1569 (at Panama). In 1570 it was established in Mexico, of which the Philippines were a dependency in religious as well as civil affairs. Felipe II's decree (January 25, 1569) establishing the Inquisition in the Indias, with other decrees regulating the operations and privileges of that tribunal, may be found in Recopilacion leyes Indias (ed. 1841), lib. i, tit. xix. Regarding the history and methods of the Inquisition, the following works are most full and authoritative: Practica Inquisitionis hereticoe pravitatis (ed. of C. Douais, Paris, 1886), by Bernard Gui—himself an inquisitor; it was composed about 1321. Historia Inquisitionis (Amstelodami, 1692), by Philippus van Limborch; English translations of this book were published at London in 1731, 1734, 1816, and 1825. Anales de la Inquisicion de Espana (Madrid, 1812-13), by Juan A. Llorente, who was secretary to the Inquisition in Spain, and chancellor of the University of Toledo; translations of this book were published in English (London, 1826; and New York, 1838), and in other languages. Historica critica de la Inquisicion de Espana (Madrid, 1822), also by Llorente. History of the Inquisition (London and N.Y., 1874), by W.H. Rule. The Jews of Spain and Portugal, and the Inquisition (London, 1877), by Frederic D. Mocatta, a Jew. History of the Inquisition of the Middle Ages (N.Y., 1886), by Henry C. Lea. Les sources de l'histoire de l'Inquisition dans le midi de la France au treizieme et au quatorzieme siecle, by C. Douais, editor of Gui's work; it includes the Chronique of Guilhem Pelisso, "the first written account of the Inquisition."

[40] Relaxado (feminine, relaxada): a person abandoned by the ecclesiastical judge to the secular arm [al brazo seglar]; referring to the obstinate heretic who refused to abjure and do penance, or to him who after abjuration should relapse. Confeso ("confessed") meant a Jew converted to the Christian faith.

[41] An oath taken by a person who has no bail, that he will return to prison when summoned.

[42] Referring to the established judge of ecclesiastical causes, the vicars of the bishops, or sometimes to the bishops themselves.

[43] There were only two chancillerias in Spain—those at Valladolid and Granada; they were originally one tribunal, which followed the royal court. They had cognizance of cases on appeal, cases of nobility, and cases regarding the inheritance of entailed property. These courts were abolished by the Constitution of 1812 and subsequent legislative enactments.—A.P. Cushing.

[44] Casos de corte: cases which, because of their importance, the amount involved, or the dignity of the parties, might in the first instance be tried in a superior court.—Nov. Dice. lengua castellana (Gamier, Paris, 1897).

[45] Paragraphs enclosed in brackets contain brief synopses of the corresponding matter in the text which is purely technical, and not of sufficient special interest to justify giving it so much space in our pages.

[46] That is, not subject to the exemptions of the privileged orders.—H.B. Lathrop.

[47] A receptor is an escribano (clerk, or scrivener) who by special commission or authority from a tribunal proceeds to perform certain judicial functions.—A.P. Cushing.

[48] Spanish, en los casas de fuerca hechas por jueces eclesiasticos. Fuerza is injury committed by an ecclesiastical judge in (1) hearing a case which does not come within his jurisdiction; (2) non-observance of rules of procedure; or (3) unjust refusal to allow an appeal. In such cases the aid of the secular courts may be invoked, by the recurso de fuerza; and thus cases were brought before the Audiencia, as above in section 7.—A.P. Cushing.

[49] In Recopilacion leyes Indias (ed. 1841), lib. i, tit. xx, may be found the royal decrees issued from 1537 to 1640 regarding the operations of the Holy Crusade in the Spanish colonies.

[50] A word originating in Hayti, signifying "princes" or "chiefs"—quite naturally extended, by a Spanish clerk or secretary, to the chiefs of Filipino tribes.

[51] This is the only case in which the amount of a fee is prescribed in this instrument, except for officials peculiar to the region; the tariff (arancel) of Spain is to be followed, as a rule.—H.B. Lathrop.

[52] This clause forbids the counsel to take a contingent fee.—H.B. Lathrop.

THE END