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A case has been considered in the Audiencia, between the bishop and the order of St. Augustine, as to whether the said order and the religious thereof are to administer instruction to the Chinese living in the village of Tondo. Ever since the settlement of this town, they have had a convent there, ministering to the natives in their own language. They say that they have also instructed the Chinese, who understand what they say. The bishop placed in this town friars of his own order, the Dominican, so that they could minister to the Chinese in a chapel there. The Augustinians complained, saying that by a brief of his Holiness, and a royal decree which they presented, two monasteries of different orders should not be situated in the same town, or in its vicinity. The Audiencia passed an ordinance requiring that within thirty days the bishop should appoint ministers of one order, to administer instruction to the natives and the Chinese. As this ordinance concerned a matter already adjudicated, the bishop asked for a declaration of their position; and it was thereupon declared that by that ordinance the Dominicans were not excluded from the administration of instruction to the Chinese. An appeal was then made on the part of the order of St. Augustine; and they said that some of their religious would in a short time know the Chinese language. They were commanded by ordinance to observe the past decree, until your Majesty should have been consulted and should provide otherwise. Afterward, when the Augustinians saw that they were not by the said ordinances excluded from administering instruction to the Chinese, they commenced to undertake this work. The bishop, as he desired a religious of the said order who was said to know the Chinese language to preach to the Chinese on the afternoon of St John's day, went to the town of Tondo, which is opposite this city, on the other side of the river. He had trouble with the Augustinian friars, and the abovementioned religious would not consent to preach. Thereby was caused much severe comment and scandal, both among the natives and Chinese, and among the Spaniards. The Augustinian friars complain that the bishop, being a Dominican, favors his own order and persecutes them; and that before the coming of the Dominicans to these islands they did not have this persecution, but peace and concord.
There is great need of religious to administer instruction to the natives, since of the few who were here a large number have died, this year and last. There are many places without instruction, and in still others there are ecclesiastics who do not know the language, from which it results that the natives cannot be well instructed. It is of much importance for the welfare and pacification of this land that religious should come here, because in those places where they are now stationed the Indians live more peaceably and with less license. I beseech your Majesty to be pleased to give orders for their prompt despatch, since their coming is so necessary for the service of God and the good of souls. They should be of the three orders already here.
In this city there are two hospitals, one for Spaniards and the other for the natives. That of the natives is under the charge of a Franciscan friar, [18] who cares for them and ministers to them with much charity. It seems as if God supports them as by a miracle; for there are usually more than a hundred patients, sick with all kinds of diseases, and they are maintained by alms, as they have no other income. It would be very injurious if the Franciscan friars should abandon it; and thus it will be expedient for your Majesty to order that they hold and administer it, as has been done hitherto. Moreover, license should be given for said hospital to send four toneladas of pepper as cargo on the ships which sail every year from these islands to Nueva Espana. There should be levied on them neither duties in these islands, nor freight charges at Acapulco; for with this privilege, which would little affect your Majesty's interests, they can further the work, and support themselves.
Those who are serving your Majesty in this royal Audiencia are: the doctor Santiago de Vera, your president; the licentiate Melchior Davalos, the licentiate Pedro de Rrojas, and the licentiate Don Antonio de Rribera, your auditors. The first two suffer from many ailments and infirmities. There are also myself, a secretary, a reporter, three attorneys, and interpreters and other officials of the Audiencia.
The persons who have been provided with offices this year are the following: Don Fernando de Villafana, alcalde-mayor of La Laguna, with a salary of three hundred pesos, the amount usually given to other alcaldes-mayor; Pedro Manrique, alcalde-mayor at Pangansinan, who has served your Majesty nine years, in these islands; Cristoval de Leon, chief magistrate at Calompite, an elderly man, long in the land, and with wife and children; Gaspar de Ysla, chief magistrate at Lubao, one of the early colonists, and married; Captain Gomez de Machuca, alcalde-mayor of Camarines, who has served ten years in this country, and married here; Bartolome Pacheco, alcalde-mayor of Bulacan, who has seen six years' service in this land; Captain Don Alonso Maldonado, alcalde-mayor of the alcaiceria of the Chinese, who has served here six years; Clemente Hurtado de Monrreal, alcalde-mayor of the coast of this city, who has seen six years' service here; Lorenco Lopez de Abiste, alcalde-mayor of the island of Cubu, who has served here six years; Captain Don Diego de Alcaraso, who was appointed by your governor as warden of the old fort, at the death of Captain Juan Maldonado, who used to hold it, and draws a salary of three hundred pesos; Juan de Bustamante, who was appointed by your governor as inspector to the Indians, and is now inspecting in the province of Ylocos; Don Gaspar de Vera, son of your governor, who was appointed as general of the sea; and Joan, Cantero, alcalde-mayor of Calompite, who has served seventeen years in this land.
On the twenty-ninth of June returned the messenger sent by your governor to the kingdom of Burney to ask the king to deliver to him the soldier who had turned renegade, as I have said above. Although the king made some excuses for his acts, he nevertheless refused to deliver the renegade.
On the same day there was an unusually severe tempest of wind and water in this city. The natives say that they never saw such a one. The sea and the river Madre rose until they joined and reached the fort. Much damage was done in the houses; and worse still, two ships which were here loading a cargo for Nueva Espana—one belonging to your Majesty, and the other to the mariscal Grabiel de Rivera—were driven on the coast by the force of this tempest, and it is understood that they cannot be repaired. Even should one of them be repaired, it cannot make the voyage this year. In all the port not one ship or fragata escaped, except one small boat, which was taken to send advices to Nueva Espana of the condition of this land, which is most unpropitious. By this calamity, so injurious to the community, the people have become greatly disheartened. Moreover, as I write this clause, we have had thus far no news of ships from Nueva Espana, although this is the seventh of July. The entire support of this land depends on the coming and going of the ships; and if they are not here by May or the middle of June, by delaying longer they run great risk of being lost, and with them the welfare and support of this land. Sailing from the port of Acapulco at the beginning of March, they would arrive here in good time and without risk from storms. As this is of so much importance, I beseech your Majesty to be pleased to order your viceroy of Nueva Espana to exercise the utmost diligence in the early despatch of the ships which are to come to this land, in order that they may accomplish the purpose of the voyage.
On the first of July, arrived the master-of-camp, Pedro de Chaves, who had gone to chastise the Indians of the province of Cagayan, who as I have said before, were at war. Although he had gone out with sixty soldiers and more than eight hundred friendly Indians, he did nothing whatever except to cut down their palm-trees and destroy their crops. He says that the Indians themselves burned their villages and went to the mountains. It is known, however, that he left that province in a worse state of war than before, and when the Indians see our men turn back and leave them they regain courage.
We Spaniards are very few in number, and are surrounded by enemies on every side. If we are not relieved in time by the despatch of reenforcements, it will be impossible to apply a remedy when it is wanted. As I have already said, we are but few, and the troops die very quickly. When the Indians see an opportunity to crush us, they are not likely to let it slip. I beseech your Majesty to be pleased to order your viceroy that, when your governor sends to ask troops and ammunition, or other necessaries, he should send them; and also that he should send some money, because on account of the many extraordinary occasions for expense which every day arise, your royal treasury is usually much embarrassed and in debt. Sometimes, for lack of money, important things are left undone.
On Sunday, the ninth of this month, I was in the cathedral, where were gathered all the people and the orders, as there was to be a solemn procession and sermon. The deacon came out to sprinkle the holy water, and went directly to the choir and sprinkled it on the bishop and all the persons who were in the choir. It is the custom to give it first to the Audiencia. When the deacon came back from the choir, your president and auditors told him that if the bishop would not cause precedence to be observed for the Audiencia, they would go to hear service elsewhere. When the bishop learned this, he left the church immediately, and sent orders to the preacher not to preach; and we were left without a sermon, to the great scandal of the people gathered there.
There is nothing else at present. Only I pray that our Lord may preserve your Majesty many years in perfect health, and with increase of greater kingdoms and seigniories, in His holy service. At Manila, July 15, 1589.
The licentiate Ayala.
Royal Decree Regarding Commerce
The King: To Gomez Perez Dasmarinas, [19] knight of the order of Santiago, and appointed by me governor and captain-general of the Phelipinas Islands. As soon as Father Alonso Sanchez, a religious of the Society of Jesus, came here, ordered and empowered by all the estates of the islands to discuss certain matters regarding the service of our Lord, and the welfare and preservation of the inhabitants and natives of those islands, I ordered certain members of my councils to come together to hear him. This they did, and a thorough examination was made of certain memorials which that religious had been ordered to present. [20] After they had consulted with me upon certain points of the said memorials, I decided, with the approval of the above-mentioned councilors to whom the matter was delegated, upon the following instructions which are given to you. I order you to fulfil your duties, in every respect, with the consideration, care, and diligence which I expect from you. The father has also entreated me, in behalf of the said city, to order that no persons entering the ports of the said islands from without shall be made to pay duties—whether they be Chinese, Portuguese, Japanese, Siamese, Borneans, or any other people whatsoever, especially when they bring provisions, ammunition, and raw material for these articles. These taxes are a grievance to the Chinese, and trade is hindered, and there are other resultant disadvantages, as the said Father Alonso Sanchez has informed me at length; accordingly I have held and do now hold it best that for the present no more of the said duties be levied upon provisions and ammunitions. Therefore you will not permit any duty to be levied until otherwise ordered and decreed. Another advisable measure discussed was that no Chinese or foreign ships could sell at retail the goods which they carried to the islands, as is done now; nor could the inhabitants buy the goods, openly or in secret, under severe penalties. The purchase of the said goods was to be discussed by the Council, and as many and so qualified persons as the business demanded were to be appointed. These persons alone should buy in a lot all the merchandise brought by the ships, and then distribute it fairly among the citizens, Spanish, the Chinese, and the Indians, at the same price at which it should be appraised. The matter was discussed and examined by the members of the said Council, and it has seemed best to send you the decision reached in this affair, as I now do. I order you, keeping this in mind, to give the orders which you may think acceptable to me. You will keep me informed of your proceedings, and will not permit or allow any person to go to the ships except the ones appointed to do so by a special order. You will endeavor to give products of the islands in exchange for the said merchandise, so as to avoid, if possible, the introduction of so much coin into foreign kingdoms as has been customary. Besides the good results which will follow from carrying out the provisions of the preceding clause, we may expect another of no less importance; and that is, that by enforcing the regulations, not only will you rid yourself of the Chinese retailers, who conceal and sell their merchandise, but there will be also avoided many other losses, expenses, and scarcity, and the secret sins and witchcraft which they teach. Their shops, which are necessary for the sale at retail, could, in the course of the year, be given up to Spaniards, so that they might remain in their possession and bring them profit. Such a course would also bring together a larger number of citizens. You might permit the Chinese Christians and other old inhabitants to remain, who do not come and go, and are not retailers in the true sense of the word; but who work as mechanics, carpenters, gardeners, farmers, and in other labors for food production. Considering the importance of this affair, you are warned not to permit or allow the presence of infidels and retailers in the said islands; and to prevent their coming together in so large numbers as to give rise to difficulties. All this you will carry out with the care and diligence which I am confident lies in your character and prudence, and the zeal which you will show where my service is concerned. San Lorenzo, August 9, 1589.
Instructions to Gomez Perez Dasmarinas
The King: To Gomez Perez Dasmarinas, knight of the order of Santiago, whom I have appointed as my governor and captain-general of the Philipinas Islands. Upon the arrival of Father Alonso Sanchez, a religious of the Society of Jesus, who came, by order and authorization of all estates of the said islands, to confer about certain matters pertaining to the service of our Lord and the welfare and preservation of the inhabitants and natives of the islands, [21] I convened certain members of my councils in order that they might hear him. After they had done so, and had examined in great detail certain memorials that the father presented, in accordance with his orders, and had consulted with me in regard to all the points of the said memorials, I resolved, with the advice of the aforesaid my counselors, to whom I committed the matter, upon what will follow here, which will serve as your instructions. I order you to observe and fulfil them to the letter, with the consideration, care, and diligence that I expect from your person.
2. Infinite thanks should be given our Lord, and I hereby offer them to Him, for the great mercy that He has been pleased to show me, in that, during the period while I, by His mercy and will, rule as king, and through me as the instrument, those so remote islands have been discovered; and that at present, as I have heard, more than two hundred and fifty thousand inhabitants enjoy in those islands evangelical instruction, besides the great inclination which is manifest to spread the knowledge of our holy Catholic faith throughout the other islands with which all that great archipelago is sown and inhabited for the space of more than nine hundred leguas of latitude, and more than five hundred of longitude. This does not include the vast kingdoms of the mainland—China, Cochina, Conchinchina, Champa, Canvoja, Siam, Patan, Joor [Johore], and others—notwithstanding that I wish and desire that a pathway to them be opened. In order that this end be attained, it is necessary that for the present, and until our Lord so dispose and direct it, the conservation of what has been pacified and conquered, by so great labor and at so vast expense to my exchequer, be looked after carefully. I charge you straitly to see to this, taking note of the condition of affairs, what is advisable for their continuous improvement and settlement, and giving them a sound foundation, so that among so many enemies, not only may they be preserved, but continue to increase daily.
3. First: The above-mentioned father, Alonso Sanchez, has reported that the cathedral of those islands, located in the said city of Manila, has no building, ornaments, or other adornments pertaining to the service of divine worship; or income, or alms for its aid, or in order to provide it with sacristans, verger, or other necessary assistants; and that being, as is the case, in the gaze of so many idolatrous enemies and Mahometans, both natives and foreigners who meet there—especially the Chinese, who have observed this condition—it is very annoying that they should see it served so inadequately and covered with wood and thatch—poor, dilapidated, and without provision. And because it is very just, and in accord with my will and desire, that the above-mentioned church be built and served with all possible propriety, you shall, as soon as you arrive at the said islands, especially further the building and construction of the said church. You shall apportion for this purpose the sum of twelve thousand ducados, in three parts—to wit, one from my royal exchequer, another from the encomenderos, and the third from the Indians, as is done in Nueva Espana. The said twelve thousand ducados shall be spent upon the said building within four years, spending three thousand each year. And in order that it may be better done and be commenced immediately, I have ordered two thousand ducados paid, in anticipation, on the account of my third, from my royal treasury of the said Nueva Espana. As you pass there, you will ask them to send this amount.
4. I have been told that there are two hospitals in the said city of Manila—one for Spaniards, and the other for Indians—and that both of them suffer extreme need; for to that of the Spaniards resort many soldiers, sailors, and other poor folk, who become ill through certain exertions in my service, and those common to that country; while that of the Indians is sustained by themselves, by means of their fruits, work, and tributes. All those who are treated in the latter hospital fall sick in the same manner as the others, and in the foundation and preservation of the settlements. Both classes die in discomfort, through having no building in which to be protected from the ravages of the climate, and through the lack of beds, food, medicines, nurses, and other necessities. It would be advisable to send these supplies from the said Nueva Spana, together with some blankets. This is, as you see, a work of the greatest charity, and it is especially desirable to assist with great care in the consolation and treatment of the sick. And besides that, you shall have diligence to examine the hospital built there, and ascertain what care is taken of the sick. From the first repartimientos that may become vacant in the said island, you shall apply to the principal hospital sufficient for an income of five thousand pesos annually; and to that of the Indians, five hundred ducados annually, granted from the increase of the tributes of the Indians (which shall be collected in the manner set down in the sixth section of these instructions), so that both may enjoy the said income as long as may be my pleasure. From these amounts the necessary buildings shall be constructed, and other things provided, so that both may be properly conducted. In order that this may be commenced immediately, I have granted four hundred ducados to the principal hospital, and two hundred to that of the Indians, to be paid from my royal treasury of the said Nueva Spana, as you will see by the decree that will be given you.
5. The said Father Alonso Sanchez also reported that the need of ministers of instruction in the said islands is so great that many Indians die without baptism; that because of the same need, the conquest and conversion of other islands are neglected; and that it would be advisable to send religious from the orders established there, with instructions to remain there and not go elsewhere. Already permission has been granted and the needful care taken, so that some religious may go there, and others will be provided as soon as possible. All of them shall be notified to resolve upon staying in the said Philipinas Islands, and not to go to any other place without the express permission of the bishop and of yourself. Therefore I charge you that, whenever any religious shall offer themselves to you to leave the said islands, you shall confer with the said bishop, and shall consider and discuss the matter; but you shall grant the said permission only after thorough consideration.
6. Another section of the above-mentioned memorials indicates how instruction may be provided, not only where there is none, but also where there is some, although inadequate; that it would be advisable to increase the tributes and clear up the appraisements of the tributes, for they are at present in a very confused and dangerous condition, because of many scruples and injuries connected with them; and that, as each Indian's tribute has hitherto generally been collected in pesos of eight reals apiece, it should reasonably be raised to the value of ten Castilian reals to each of the said pesos—provided that the Indian may not be forced to pay it in any designated article, but only in money, if he have it, or shall choose to give it, or in some other article produced by him, or in goods acquired in trade, according to their valuation at the time of payment. Because, after discussing this point, it is believed that each peso may be increased by two reals to make up the ten, as is petitioned, therefore you shall order that this increase be paid into my royal treasury, and that half a real be used to pay the obligations of the tithes, and the other one and one-half reals be used for the pay of the soldiers stationed in the said islands, and for other things pertaining thereto; and that the encomenderos be obliged to pay, from the eight reals remaining, for the necessary instruction, and their share of the building of the church, during the time of its construction, in accordance with the foregoing. The said Indians shall reserve the choice to pay the tributes in money or in products, in whichever one they wish.
7. Another section of the said memorials also petitions that in order that this increase of tributes may be more justifiable, the encomenderos be ordered to pay the tithes, according to the use and custom in Mexico; for, inasmuch as the commonwealth previously had neither church, bishop, curates, nor settled rule, the tithes have not been paid. This is a just order, and as such you shall enforce it, providing that the said tithes due be paid from the products of their farms and their animals.
8. On the part of the said city of Manila, I have been petitioned to have it granted some public property, in order that it may attend to the affairs of peace, war, government, and other matters pertaining to its conservation and defense, and for suits that may arise—granting it for this purpose some Indians, or something from the duties on Chinese merchandise, or on the storehouses or shops where they trade. After advising with my counselors, I have determined to bestow upon the said city for six years, for its public property, one-half of the fines and pecuniary penalties paid into my treasury, and the incomes from the said storehouses; with the obligation that, each three years, the account of money thus obtained be sent, as well as a statement of what is expended. You shall take care to procure the advancement of the said city in this, to watch in what manner this grant is used, and to order that the said account and statement be sent at the proper time.
9. I have also been petitioned, in the name of the said city, to order that neither in the said city nor in any other part of the other islands shall be paid the three per cent duty [22] imposed by Don Gonzalo Ronquillo, as the country is very new and needy, and the inhabitants have to assist in many other things. Although I would be very glad to relieve them, still expenses are so heavy, that I must aid myself by whatever is available. Therefore it will be advisable to collect the said three per cent. You shall give orders to this effect; and that the amount that is collected from these duties on merchandise be placed in my treasury on a separate account, and it shall be used for paying the soldiers stationed there; and that of the rest that is collected this duty be discontinued for the present. [23]
10. I have also been petitioned, in the name of the said city, to order that none of those who resort from foreign parts to the ports of the said islands—as Chinese, Portuguese, Japanese, Cianese, Burneyes, or any others—pay duty, especially on food, ammunition, and materials for ammunition. Because of this, much annoyance is caused—as, for instance to the Chinese—and the steady course of trade is hindered, and other troubles follow. After receiving detailed information from the said Father Alonso Sanchez, I have considered and still consider it advisable that, for the present, the collection of the said duties on provisions and ammunition be repealed; and therefore you shall not allow them to be levied until I order and provide otherwise.
11. I was also petitioned by the said islands to order that, inasmuch as none of the merchandise from Sevilla to Mexico pays any duties on the first sale, it be not paid on the merchandise sent from those islands to the port of Acapulco, or other places. So little is collected in said port of Acapulco, namely, twelve pesos per tonelada of freight on the goods of the inhabitants—the duty imposed by Don Goncalo Ronquillo—and because likewise the proceeds of this duty are needed to pay the said soldiers, you shall order that it be collected for the present for the above purpose.
12. One of the things most conducive to the good government of the state and the happiness of the members and parts composing it, is the equitable administration of distributive justice. Accordingly, I command that the offices at your disposal and the advantageous posts of the country be given to men who merit them by their services and capacity, in such manner that the offices be filled by old citizens, who have lived in the country at least three years, and are citizens of it; and the encomiendas to soldiers who shall have lived there in actual military duty and service. Among them you should always give the preference to those who are most deserving; including, with the other circumstances of greater and better services in the country, their length of residence there. They must not be sons, brothers, relatives, servants, or friends of yours; for—besides that you are advised that you are not to grant encomiendas of Indians or provide offices to such men; and, with this end in view, a sufficient salary is given you to enable you to help them—it is not right for men who are but new arrivals, and have done no work, to enjoy the fruit of another's toil. If rewards are bestowed justly, all will serve willingly in the hope of attaining reward. Therefore it is my will that you observe this order; and, that it may be thus inviolable, I declare that, now and henceforth, your said sons, brothers, servants, and friends shall be incapable of holding the said encomiendas or offices. And because certain persons, who already hold encomiendas in the said islands, and with these easily [can satisfy] whatever needs they may have, are begging for further reward, you are advised not to grant them any more until many others—who, as I have been informed have been there for so long a time and are deserving, and have toiled in the conquest and maintenance of the country, to a much greater extent than those who are petitioning anew; but who have not been rewarded, and therefore are poor, irritated, and querulous—shall be provided and rewarded with encomiendas and other posts and means of gain. You shall take especial care to reward those whose names follow:
13. Diego Ronquillo, former governor and captain-general of those islands, who, I am told, exercised the said offices excellently and to the complete satisfaction of the country.
Don Rodrigo Ronquillo de Penalosa, son of the governor Don Goncalo Ronquillo.
Captain Antonio Rodriguez Chacon.
Captain Agustin de Arceo.
Captain Don Goncalo Vallesteras Saavedra.
Captain Diego del Castillo.
Captain Don Juan Ronquillo del Castillo.
Captain Caravallo.
Captain Rodrigo Alvarez.
Captain Gomez de Machuca.
Hernando Munoz de Poyatos, regidor of Manila.
Ensign Juan de Medrano.
Miguel Rodriguez.
Ensign Antonio Guerrero.
Charavia, an old and good soldier.
Gaspar Ruiz de Morales.
Aguilar, likewise an excellent soldier.
Villalobos.
Bartholome Rodriguez.
Sargeant Cantero.
Gaspar de Ysla.
Ensign Christoval de Azcueta.
Geronimo de Cuellar.
Luis Nunez Hernandez.
[14]. Others, who are said not to have been there so long, but who are men of worth and account, are as follows:
Don Francisco de Porras y Guevara.
Joan de Alcega.
Don Luis de Velasco.
Don Fernando de Villafane.
Christoval Gueral.
Joan Verdugo, who has lost his right arm in my service.
Joan Diaz Guerrero.
Blas Garcia.
Joan de Cuellar.
Gaspar de Mena.
Diego de Carate, who is returning with you, and who, I have been told, has usually been a commander, and has put down a rebellion, and has served faithfully.
15. You shall provide for and reward all of the above according to age, merits, and individual qualifications; and shall give them preference over all others who do not possess the above qualifications, in the distribution of encomiendas, posts of government and war, and other means for the advancement of the country.
16. I charge and order you to observe the same plan in all that pertains to the commissions and sources of profit, on land or on sea—especially in the choice of masters and officers of vessels. For besides observing, in regard to them, that they must have rendered service and deserve the appointment, the others will be encouraged, it will attract hither those who have gone away, and the country will be settled and increased.
17. I have been petitioned also, in behalf of the said city, that all those who have worked, or have held appointments for wages or pay, in the said islands be paid their wages there—as for instance, sailors, carpenters, smiths, and all others who live there, and they must live there permanently; and that the money for this purpose be paid from the said royal treasury of Mexico—in order that the country may become more thickly settled, and other good results follow. In regard to this, since there will be a treasury there, from which it may be paid, you shall be careful to order that those who labor be reimbursed fully for their services; and, if there is insufficient money to meet the obligations, you and my royal officials shall advise my officials of the said Nueva Espana thereof, where an order will be given to furnish that portion which appears, by sufficient testimony and report, to be needful.
18. In place of the third office of my royal treasury—namely, the office of factor, which I ordered to be suppressed—they petition for a ship-purveyor, in order that the vessels may leave better equipped and more promptly; for the other two officials are so busy that they cannot attend to it. As it would be advisable to place this in charge of the factor whom I am having appointed, you shall have care to see that he attends to it, as far as may be necessary, so that there may be no grievance or lack in this matter.
19. In regard to the trade of the said islands, on which their growth likewise depends, the said Father Alonso Sanchez relates that the large consignments of money sent there by wealthy people of Mexico, who do not quit their homes, is one of the things which has ruined the country; for great injuries result from it. The first is that all Chinese goods are bought by wholesale and are becoming dearer, so that the poor and common people of the said islands cannot buy them, or must buy them at extremely high rates. The second is that, as the said consignments are many and large, and the vessels few in number—being at times, and in fact generally, not more than one; and, by this one being quite laden and filled with goods for Mexicans, there is no space left for the citizens and common people to embark their goods. They have petitioned me that, as a remedy for the above wrongs, I forbid the sending of consignments of money from Mexico, or the maintenance of agents or companies in the said islands for any person of Nueva Espana; that only the inhabitants of the islands be allowed to buy and export domestic and foreign goods to the said Nueva Espana; and that, if anyone else wishes to trade and traffic, it must be on consideration of his becoming a citizen and residing there for at least ten years, and of not trading with the property of another, under penalty of its confiscation, besides that of his other personal effects. Since, by this method, some goods would still be sent to Mexico, the money now taken by the Chinese would not be withdrawn from the country, and goods would be bought more cheaply and in exchange for products of the islands. Now, because I am desirous of the advancement of the said islands, and the best interests of their inhabitants, I have therefore granted them by one of my decrees [24] that, for the space of six years, only the said inhabitants may trade in China and in the said Nueva Espana. You shall observe the said decree, and shall not allow anything to be done in any wise contrary to its tenor.
20. The question was also discussed whether it would not be better to prohibit Chinese or other foreign vessels from selling at retail the merchandise that they bring to the said islands (as is done now), and the inhabitants of the country from buying those goods, in public or private, under heavy penalties; and to provide that, for the purchase of the said merchandise in bulk, as many and as capable persons as the matter requires be there deputed and appointed, so that they, and they alone, may buy in mass all the goods brought in the vessels, and afterward divide them among the Spanish, Chinese, and Indian inhabitants, with just and fair distribution, at the same prices which they paid for them. After discussion and conference by the members of the said assembly, it was decided to refer the entire matter to you, as I hereby do. I order you, since you will have the matter in hand, to ordain therein what you deem best. You shall advise me of what you do, and shall not permit or allow any person to go to the vessels except those assigned for that purpose, in the order that shall be prescribed. You shall see that their said merchandise is exchanged for other products of the islands, so that the taking of so much coin as is now carried to foreign kingdoms may be avoided.
21. In addition to the good effects, that, it is said, will result from the execution of what is ordered in the above section, it is presupposed that another, no less important, will follow—namely, that, through the operations of the aforesaid, the Chinese hucksters who lurk there and hawk their goods, will not stay there. Moreover, other very heavy expenses and increase in prices, and the secret sins and sorceries which they teach, would be avoided; while their shops, which are necessary for retail trade, in the course of the year could be given to Spaniards, so that the profits could remain among the Spaniards, and there would be an opportunity for more persons to acquire citizenship. The Chinese Christians and other old citizens who are not transients, or who are not expressly hucksters, but workmen—such as mechanics, carpenters, gardeners, farmers, or those engaged in other food trades—might be permitted to remain there. Inasmuch as this is a matter of importance, you are advised not to permit or allow any infidel hucksters in the said islands; or so many to become residents there that they may give rise to any trouble.
22. Should you consider it advisable to permit and allow the inhabitants of the said islands to go to Japon, Macan, or other kingdoms, or settlements, whether of Portuguese or heathen, in order that those countries may admit our commerce, you may do so—first taking especial care that no trouble arises therefrom, and that it is attended with no danger.
23. You shall cause the fifty settlers and fifty farmers whom you are to take with you to assemble, and go with you, according to the order contained in my decree that treats of this. In order to incline them to make the voyage, you shall give them the rewards and privileges which I have granted to them, which you shall maintain to the utmost. You shall take especial care that they attend to their settlement and farming; and that for the space of fifteen years, they and the Indians who aid and accompany them in their farming are not to be compelled to go to war, or to engage in any other personal service, such as manning the vessels, building, or any other services which may hinder or fatigue them. And since it is fair that, if these rewards and accommodations are given them, they, on their part, engage only in the work for which they go; and since peaceful men who are not forced from their trade and mode of living, apply themselves better, you shall see to it that those who enlist and are taken be married farmers, of humble estate and quiet disposition. From each one of them you shall take accredited bonds, to the amount that seems advisable to you, that for the period of six years they will not change to any other occupation or means of gain, or do anything else beyond the thing for which they enlisted, under the penalties which you may impose, and which you shall inflict.
24. You shall see that the chiefs and timagua Indians have just contracts and shares with the farmers, so that they may conceive a liking for and learn farming as practiced here; and so that the Spaniards may have those who can supply them with people and other necessities. You shall see that these Indians are intelligent and know how to keep their contracts with the farmers, especially if they are peaceful, as above stated.
25. The said islands, as I am told, need stallions, mares, cows, and other domestic animals. In order that they may be bred there in numbers, I am writing to the viceroy of Nueva Espana to send to the said islands twelve mares, two stallions, twenty-four cows, and two bulls. You shall ask him for these as you pass there, and shall take them with you in your vessels as you go upon your voyage; and whatever you think needful for the animals can be brought from China and Japon. You shall order those farmers who are about to go to the said islands, and the chiefs, to tame and breed buffaloes, so that with all these animals there may be a sufficiency to carry on the farming, and for other needful services.
26. It was also petitioned in behalf of the said islands that, now and henceforth, the encomiendas be given under the obligation and condition that the encomendero shall work a patch of ground, and assist the farmers and Indians, so that they also may work and cultivate the soil. You shall strive to begin this, and shall give lands and homesteads, farms and horses, for breeding and farming, to the settlers and farmers, without any prejudice to the Indians.
27. Upon your arrival at the said islands, you shall find out how and where, and with what endowment, a convent of secluded girls may be established, so that both those who go from here, and those born there may stay in it, and live respectably and well instructed, and go out therefrom to be married and bear children. By this method and by the naturalization of persons in the land, its population will increase continually. You shall endeavor to find some good plan or method for doing this without encroaching on my royal treasury, or so that it may be relieved as much as possible. You shall advise me of it on the first opportunity, as well as of the method that can be employed in endowing the said poor girls; and how and from what source other smaller dowries may be established, in order that the Indian women may marry poor Spanish soldiers and sailors.
28. In regard to what is petitioned by the said islands about appointing citizens of the islands to the posts therein, and not selling the offices, as former governors have tried to do, you shall look to it carefully, and favor and reward the citizens.
29. Further, it was proposed also that, as far as the natural fitness of the land and the settlements of the Indians permitted, it would be advisable to order that encomiendas of not less than eight hundred or one thousand Indians be granted, for there are tithes for the instruction, and the other expenses of maintenance, which small encomiendas cannot bear; and that those who have but few Indians be allowed to transfer or sell them at their pleasure to other and neighboring encomenderos, so that, by this union, the encomiendas may be larger, and may be able to meet the above expenses. Inasmuch as all matters pertaining to the sale of encomiendas have been enacted with great care, and it is not fitting to violate these enactments, you shall not permit this request. But you shall see to it carefully that the repartimientos have enough for instruction, and for the maintenance of the encomenderos. You shall endeavor to establish the Indians in settlements, which shall have adequate instruction. This you shall attend to with the most rigorous care and attention.
30. Among the things most wasteful of property, and which embarrass, and may cause harm in, a country so new, because of the animosity and quarrels resulting therefrom, are the suits and controversies engendered among the citizens, and among the Indians themselves. Although it is my will that complete justice be observed in each case, I charge you that, in so far as may be possible, and can be rightly done, you settle the differences and suits which arise, without having recourse to the technicalities of the law or proceeding by the ordinary methods, or condemning to pecuniary fines; but observing throughout the provisions of the decrees that shall be given you. And in order that all may enjoy the blessings which must ensue from so mild a government, and may live in ease and contentment, and without any perturbation in the great undertakings that, God helping, will be accomplished, I am writing in like tenor to the bishop of the said islands in regard to what touches their ecclesiastical service. You shall give him my letter, which shall be delivered to you, and you shall charge him straitly in my name.
31. I have been informed that there has been and is poor system, and worse observance and fulfilment of the ordinances, in the collection of the tributes of the disaffected or never-pacified encomiendas; and that it would be advisable to command that the ordinances be kept, and that, since such encomiendas ought not to be abandoned, at least the entire tributes should not be collected, but only a small portion of them, as a token of recognition. For since the Indians of the said encomiendas receive no spiritual or temporal benefit from their encomenderos, it is not right that they pay the tributes—especially as soldiers are sent annually to make the collection. This latter renders impossible the pacification of the country; and hence a large portion of the said islands are in revolt, and we must subdue Burney, Maluco, Mindanao, and other neighboring islands and mainlands. This matter demands much reform as you may plan. Therefore I charge you to ordain for this purpose what you may deem best, after consulting with the bishop; and that you carry your resolution into prompt and rigorous execution, in order that so great and injurious annoyances may cease.
32. As I have been informed, there is but little instruction in the said islands, and much difficulty in providing it, which is greatly increased by the natural conditions of the country, since it all consists of islands. Most of them, too, are so small that they do not have a population of more than three to five hundred Indians, and some even of less than one or two hundred. It is also prevented by the long and dangerous navigation, the heat, the rains, and the poor roads of the country. It is not right that even all of these, or the many other greater hindrances and difficulties should turn aside the accomplishment of what is so important. Therefore I order and charge you straitly that, immediately upon your arrival in the said islands, you shall note very particularly how this instruction can be furnished. After ascertaining the opinion of the bishop, with whom you shall meet and whom you shall charge, in my name, to aid in this matter with his person, as I expect from him—since, in truth, this matter is one for him to procure and bring about, by reason of his office—you shall enact what you consider advisable, so that all parts of the islands may have sufficient instruction. This shall be done with kind and gentle methods, in accordance with the will of the chiefs; and all the Indians who are dispersed shall be established in settlements, in order that account of them can be taken. You shall have the greatest care possible in procuring the accomplishment of what is ordained and enacted, since without that all the work will be lost.
33. Since I desire the welfare and conservation of the said Indians, and their protection and defense, and as I think that the said bishop can procure this better than anyone else, I am writing to him, and charging him with their protection. I am quite sure that he will be very glad to undertake this, inasmuch as it pertains to the service of our Lord and the relief of his conscience. And in order that everything may be done better and more smoothly, you shall maintain the best of relations throughout with the said bishop; and on your part, you shall have the greatest care to protect the said Indians and to aid them.
34. I have been informed that, because the soldiers who are stationed in the said islands receive no pay, nor have any other remuneration, they obey orders very unwillingly, and are discontented, since they endure the greatest poverty and affliction; that they are all spiritless, sick, necessitous, and compelled to become servants. Many die from their discontent, hunger, lack of comfort, and less provision for their sicknesses; and others escape by claiming to be married, sick, or bound to religion. As a consequence, the country has fallen into disrepute, and men of the requisite valor and quality do not go there, but only a very few poor, unarmed, and worthless men. If any of these do have weapons, they pawn or sell them for clothes and food. Their needs constrain them to commit injuries upon the natives, so that the latter are irritated. It is said that not only is there no increase in what has been conquered, but that even that pacification is becoming more doubtful each day; that domestic and neighboring enemies are being aroused; and that all of this would be remedied by giving pay to the said soldiers, who should be regularly and promptly paid. Inasmuch as it is my will that this be done, it was decided, after having considered how many soldiers it is necessary and advisable to maintain usually in the said islands, that there be four hundred soldiers; and that each one receive a monthly wage of six pesos, the captains thirty-five, the ensigns twenty, the sergeants ten, and the corporals seven. Also that the sum of one thousand pesos additional pay be distributed annually and proportionally among all of the companies, each person not to receive more than ten pesos each year; and that this additional pay be given according to the order and manner set forth in the decree that will be handed you. You shall order that the said soldiers be regularly paid, and see that they are satisfied, armed, and well disciplined; that the said number of four hundred soldiers be not lessened; and that they be divided into what companies you deem fitting. When you shall appoint the said captains, officers, or soldiers to any encomienda or other post, you shall not permit them to draw their pay any longer; and while they receive pay they cannot trade or traffic, for their solicitude in that pursuit necessarily occupies their minds and distracts them from their proper object and the practice of war. For the same reason, likewise, you shall not grant the said pay to any soldier who acts as servant to another person, whoever he may be. Whenever any repartimientos of Indians become vacant in the said islands, you shall apportion some of the Indians to my crown, as an aid toward the said pay.
35. In respect to the said captains, officers, and soldiers, you shall observe, and cause to be observed, their privilege of exemption from arrest for debt contracted while they were in the service; or the seizure of their weapons, horses, or other things needful and proper to military service, in satisfaction therefor.
36. Whenever you shall send any captain with men on any commission or business that arises, you shall order him also to maintain his privileges, in whatever pertains to the usual exercise of the power and authority requisite to command, direct, and punish his inferiors; as well as all the other things peculiar to the service, and which are conceded to and exercised by officers.
37. It is my will that you have a body-guard of twelve halberdiers, who shall be paid the same sum as the soldiers. The said halberdiers shall have a leader or captain, who shall receive pay of fifteen pesos monthly. Although their principal service shall be to act as a body-guard, and this is determined and ordained by that which pertains to the authority and dignity of your position, you shall take note that they also must go to war upon any occasion that arises.
38. Inasmuch as I have been informed that many of the soldiers, who are sent to the said islands from Nueva Espana, are mere lads, mestizos, and a few Indians, and unarmed; and that a portion of them are pages and servants of the captains or other persons, who under the title and name of soldier draw their pay but neither they nor their masters are soldiers: you shall allow none of them to be enrolled as soldiers unless they are more than fifteen years old; and accept no page or servant of any person, while he serves as such, as above stated. You shall receive only those mestizos who are worthy, but shall not open a gateway for this in general. I charge and recommend you to pay especial attention to this.
39. Immediately upon your arrival at the said islands, you shall give orders to enclose the city of Manila with stone, along that portion where it is necessary and advisable, and on the other sides by water. You shall construct a fort in the place assigned and deemed best there. You shall erect a tower at the junction and point made by the river and sea. All this shall be very thoroughly done, and with most careful planning and consideration; and shall be done at the least possible expense to my treasury—since, as you know, the buildings can be constructed there with great ease and cheapness.
40. You shall assign what garrison you judge advisable to the said fort and tower, so that the country may be defended, and that they may check the designs and hopes of the enemy, and the fear of revolts and risings.
41. Although you ought to live in great vigilance and the continual caution demanded for the conservation of a country so new, distant, and surrounded by enemies, you must beware chiefly of five classes of them. First, of the natives of the land, who are numerous, and but partially settled and established in the faith. Second, of four or five thousand Chinese Indians who live there, and go back and forth in their tradings. Third, of the Japanese who usually go thither. Fourth, of the natives of Maluco and Borney, who are aroused, and already display themselves boldly and openly. Fifth and chiefly, of the Lutheran English pirates who infest those coasts. In order to check their incursions, and present a superior force and defense to them all, you shall construct another fort in Yllocos or Cagayan, to oppose the Japanese and Chinese robbers; a second in Cebu, to oppose the Borneans and Malucos; a third in Panpanga, to oppose the Cambales. All shall be located in places where they may be effectual, and shall be carefully planned and substantially built by good engineers. The cost will be very little, because of the great abundance of materials, and because almost all of the Indians are workmen. You are to see that each fort has an adequate and desirable garrison.
42. Besides these forts and presidios, it is presupposed that a moderate-sized fleet of a few galleys or fragatas would be necessary, to cruise along the coasts in order to protect them, and to prevent the thefts and injuries wont to be committed along them by the Japanese, especially in the districts of Cagayan and Ylocos. They seize the Chinese vessels that bring food and merchandise to the said islands, whereby great loss is suffered, and commerce and plenty checked. This fleet would also serve to prevent the Chinese, when they are returning to their own country, from going among the said islands and committing depredations on the natives of them, and as a countercheck to other Chinese or Bornean pirates, as well as against all other undertakings, and troubles with foreigners. This appears advisable to me, and desirable. Therefore, as soon as you shall arrive at the said island, you shall construct six or eight galleys. You shall note what Doctor Sande, my former governor of those islands, and Father Alonso Sanchez say—namely, that it will cost but from one hundred and fifty ducados upward; and that there are, moreover, the necessary accommodations. You shall order these vessels to be well equipped, strengthened, and provisioned, so that they may be effectual. You shall give me an itemized account of the cost of the said galleys and facilities for building them.
43. It is advisable to set about the construction of the said forts and galleys as quickly as possible, in order to avoid the troubles and harm that might ensue if the Spaniards, upon the occasion of any danger from enemies, were compelled to retire inland among the Indians, who are all irritated and offended because of the ill-treatment that they have received; and I charge you straitly with this.
44. Upon your arrival at those islands, and when the situation is actually before you, you shall investigate the new method and circumstances with which the new entrances and pacifications are and can be justifiably made, as well as the few soldiers, slight cost, and the great ease and profit with which they can be made, because of the country being divided into many islands, and there being many petty rulers. These fall out among themselves on slight occasion, and make treaties with the Spaniards, and hence are kept in order with but little assistance. Since the petition made there in regard to the pay and the number of soldiers has been granted—and you are to maintain the soldiers in good discipline, and keep them quiet, and punctually paid—you shall make the said entrances and pacifications with great circumspection and just cause, in which you shall observe the rules of the instructions, which shall be furnished to you, regarding new discoveries.
45. It is said that there is great need of such pacification in the said islands, especially in the very districts where the Spaniards live and travel, for all of the natives are in revolt and unsubdued, because of the lack of soldiers, and of the injuries and annoyances inflicted upon the natives by what soldiers are there. Moreover, as we are informed from there, many provinces of the island of Lucon either have never been subdued, or, if subdued, have revolted—as, for instance, those of Cagayan, Pangasinan, Payasondan, Cambales, Balente, and others, which are situated among the pacified provinces quite near and round about Manila; all the provinces, therefore, are in confusion and disorder. Upon your arrival at the said islands, you shall ordain in this whatever is advisable. You shall proceed in this as shall seem expedient, commencing as shall be right, and be attentive to the remedy for these evils, with very special care and assistance, since evil may happen to what is distant, if one's own house is left in suspicion and unsubdued. Besides there is the great obligation to endeavor to instruct the many people converted already, who are under my royal protection. These, because of their lack of the requisite peace and quiet, live in great hardship and danger; for those who are in revolt and unpacified harass them daily, kill and assault them, and burn their crops. Because of this, and because they also kill many Spaniards, not only is there no increase in what has been gained, but each day that is becoming less. Everything demands and requires so prompt a remedy, which is thus committed to you.
46. Beyond and beside the said provinces which are here and there disaffected among the Spaniards and the Indians already converted, are others, which although not so near, owing to their remoteness and the nature of their inhabitants, still cannot be called new discoveries, because they have been visited and known already. These are Babuyanes, the island of Hermosa, the island of Cavallos ["horses"], Lequios, the island of Ayncio, Javas, Burney, Paca, Guancalanyanes, Mindanao, Siao [Siam], Maluco, and many others. Because it has been reported that they are falling into a worse condition daily, and having been advised that their welfare and the safety of the Spaniards demand their pacification, and that delay might render it difficult, you shall ascertain the manner and method with which the said pacification and subjection can be best and most quickly brought about, and you shall execute it, as seems best to you.
47. Since it seems advisable that you, from whom I expect so much, should have authority and power to make all the said entrances and pacifications at the cost of my royal estate, in respect to which if you were constrained to await a reply from here, in a land so distant, important occasions and opportunities might be lost, I have resolved to give you authorization for this. Accordingly I grant it to you, and order the officials of my royal estate of the said islands that, in all matters under your control, they shall honor and pay all the orders that you present to them for the said purpose. But you shall observe that you are to use the said authority only in the most important matters which shall arise, after consulting about matters of law with the ecclesiastics and the lawyers, and those of action with the captains and men of experience and conscience, and taking account of all other necessary conditions, so that the expense may be no greater than can be avoided, and profitable.
48. In order that you may accomplish them better and avoid expense, I authorize you to covenant and bargain with captains, encomenderos, and any others, in respect to the said entrances and pacifications, they to make them wholly or partly at their own cost, as seems advisable to you; and to give them title, for a limited time, as governors of the islands or provinces that they explore or pacify, and as captains and masters-of-camp, providing you do not give them title as adelantado or mariscal. You shall advise me of it, when anyone undertakes this, reporting the services, capacity, and merits of such person. The said covenant and agreement which you shall make may be kept in force until I approve them, because time will be saved thus—but with the condition of sending them to me, so that I may confirm them. You shall bind the parties to the agreement, upon the arrival of the said confirmations, to some brief period, such as you may assign for it.
49. I have been told that, although a few of the encomenderos of the said islands, who fear God and their consciences, are trying to establish ministers of religious instruction in their encomiendas, others are not doing this, and refuse to do it as they are obliged, and as is advisable, notwithstanding that there are plenty of the said ministers; that there are encomiendas which have been paying tribute peacefully for fifteen, twenty, or twenty-five years, without the Indians of them ever having seen a minister or heard a word of Christian instruction; and that also many other encomiendas pay tribute by pure force of soldiers and arquebuses, who rebel and revolt because of the oppression and severity with which they are treated, without knowing the reason why they should pay it, since they have no instruction. Since, besides the obligation to procure the welfare of those souls, their conversion, instruction, and teaching, which should be the chief constraining force; and since even for temporal affairs, for the peace and tranquillity of the country, so that those pacified should not revolt, and so that those in revolt should be subdued, the best method is that of instruction—for which the common treatment, mildness, upright life, and counsels of the religious and ministers of the gospel incline and regulate their minds: therefore I charge you that, after consulting with the bishop you shall, in my name, provide what is advisable in this, so that the necessary instruction may be furnished, that my conscience, and his, and your own may be relieved.
50. I have also been informed that, in collecting the tributes from the Indians, there has been in the past, and is at present, great disorder, because the former governors of the said islands have done things very confusedly and haphazardly. Because the tribute of each Indian is of the value of eight reals, paid in what the Indian might possess, some persons take advantage of certain words of the said assessments, and of the articles in which tributes are designated—such as cotton cloth, rice, and other products of the country—to cause the said lawlessness. This disorder has consisted in each one collecting whatever he wished, to the great offense and injury of the said Indians; for when gold is abundant, their encomenderos demand coin from the Indians; and when coin is abundant and gold scarce, they demand gold, although the said Indians have to search for and buy it. In short, they always demand their tributes in those things which are scarce, by reason of which, for the tribute worth eight reals, some collect fifteen, and others twenty, twenty-five, thirty, and more, according to the value of those things that are demanded. They cause the Indians to seek them and bring them from other parts, to their great vexation and affliction. It is advisable to check this lawlessness and excess. Therefore I charge you to ordain that, in the payment of the said tributes, the order referred to in section six of these instructions shall be observed. That section treats of the Indians being allowed to pay their tributes in coin, gold, or products, as they may choose.
51. Another section of the said memorial also pointed out that, although certain Spaniards of tender conscience have freed their slaves, native to the said islands, in fulfilment of the provision of my decrees, many others have retained them, and do not allow them to have houses of their own, or to live on their own land under the ordinary instruction. It is advisable to remedy this also; and I therefore commit it to you, and order you that, immediately upon your arrival at the said islands, you shall set at liberty all those Indians held as slaves by the Spaniards.
52. I am informed that the said Indians have suffered many grievances and burdens from all the ministers of justice, because the latter have incited many suits, not only of cases after the country was discovered, but of others that had happened in its pagan days, among both the living and their forefathers, and both civil and criminal cases. These are not summary, but have all the terms, demands, preliminary hearings, and reviews, which can be found in any chancilleria of these kingdoms. In these the Indians have wasted and continue to waste their possessions. Although in section twenty-nine of these instructions, it treats of what you and the bishop have to do or provide as a remedy for these vexations of suits by Spaniards and Indians, once more I charge you and recommend you to strive to have the suits finished and decided promptly and summarily. You must take note that this will be one of the matters in which I shall consider myself most faithfully and fully served by you.
53. In regard to the confusion existing, past and present, in the religious leaving the said islands for the mainland of China and other places, without permission of the governor or bishop—asserting that, through their all-sufficient power, those who hinder them shall be excommunicated—the advisable course has also been pointed out in time past—namely, that the religious should go there with the resolution to settle in the said Philipinas Islands, and not go elsewhere without your permission and that of the said bishop. This must be construed in respect to the religious who shall have been assigned to make a settlement and to live there, and not with those who have license from me to pass farther and to go to other regions; for when this is given or permitted to them, it is after much consideration.
54. It has been said that, for the remedy of past confusion and wrongs, which have resulted from people going from the said islands to China and other districts without order or permission, it would be advisable to ordain, under severe penalties, that no secular Spaniard may leave them for any place or on any business, or supply a fragata, provisions, or any other assistance to any of the said religious, without my special order, or your permission and that of the said bishop. Inasmuch as this fits in with the provision of the above section, the same provision there is to be noted by you, so that likewise you may know what pertains to this, and doing that you shall understand it thoroughly.
You shall attend to all of the above with the care and close attention that I expect from your character and prudence, and from your earnest zeal in affairs touching my service. San Lorenco, August nine, one thousand five hundred and eighty-nine.
I The King
By order of the king, our sovereign:
Juan de Ybarra
Countersigned by the council.
Customs of the Tagalogs
(Two Relations by Juan de Plasencia, O.S.F.)
After receiving your Lordship's letter, I wished to reply immediately; but I postponed my answer in order that I might first thoroughly inform myself in regard to your request, and to avoid discussing the conflicting reports of the Indians, who are wont to tell what suits their purpose. Therefore, to this end, I collected Indians from different districts—old men, and those of most capacity, all known to me; and from them I have obtained the simple truth, after weeding out much foolishness, in regard to their government, administration of justice, inheritances, slaves, and dowries. [25] It is as follows:
Customs of the Tagalogs
This people always had chiefs, called by them datos, who governed them and were captains in their wars, and whom they obeyed and reverenced. The subject who committed any offense against them, or spoke but a word to their wives and children, was severely punished.
These chiefs ruled over but few people; sometimes as many as a hundred houses, sometimes even less than thirty. This tribal gathering is called in Tagalo a barangay. It was inferred that the reason for giving themselves this name arose from the fact (as they are classed, by their language, among the Malay nations) that when they came to this land, the head of the barangay, which is a boat, thus called—as is discussed at length in the first chapter of the first ten chapters—became a dato. And so, even at the present day, it is ascertained that this barangay in its origin was a family of parents and children, relations and slaves. There were many of these barangays in each town, or, at least, on account of wars, they did not settle far from one another. They were not, however, subject to one another, except in friendship and relationship. The chiefs, in their various wars, helped one another with their respective barangays.
In addition to the chiefs, who corresponded to our knights, there were three castes: nobles, commoners, and slaves. The nobles were the free-born whom they call maharlica. They did not pay tax or tribute to the dato, but must accompany him in war, at their own expense. The chief offered them beforehand a feast, and afterward they divided the spoils. Moreover, when the dato went upon the water those whom he summoned rowed for him. If he built a house, they helped him, and had to be fed for it. The same was true when the whole barangay went to clear up his lands for tillage. The lands which they inhabited were divided among the whole barangay, especially the irrigated portion, and thus each one knew his own. No one belonging to another barangay would cultivate them unless after purchase or inheritance. The lands on the tingues, or mountain-ridges, are not divided, but owned in common by the barangay. Consequently, at the time of the rice harvest, any individual of any particular barangay, although he may have come from some other village, if he commences to clear any land may sow it, and no one can compel him to abandon it. There are some villages (as, for example, Pila de la Laguna) in which these nobles, or maharlicas, paid annually to the dato a hundred gantas of rice. The reason of this was that, at the time of their settlement there, another chief occupied the lands, which the new chief, upon his arrival, bought with his own gold; and therefore the members of his barangay paid him for the arable land, and he divided it, among those whom he saw fit to reward. But now, since the advent of the Spaniards, it is not so divided.
The chiefs in some villages had also fisheries, with established limits, and sections of the rivers for markets. At these no one could fish, or trade in the markets, without paying for the privilege, unless he belonged to the chief's barangay or village.
The commoners are called aliping namamahay. They are married, and serve their master, whether he be a dato or not, with half of their cultivated lands, as was agreed upon in the beginning. They accompanied him whenever he went beyond the island, and rowed for him. They live in their own houses, and are lords of their property and gold. Their children inherit it, and enjoy their property and lands. The children, then, enjoy the rank of their fathers, and they cannot be made slaves (sa guiguilir) nor can either parents or children be sold. If they should fall by inheritance into the hands of a son of their master who was going to dwell in another village, they could not be taken from their own village and carried with him; but they would remain in their native village, doing service there and cultivating the sowed lands.
The slaves are called aliping sa guiguilir. They serve their master in his house and on his cultivated lands, and may be sold. The master grants them, should he see fit, and providing that he has profited through their industry, a portion of their harvests, so that they may work faithfully. For these reasons, servants who are born in the house of their master are rarely, if ever, sold. That is the lot of captives in war, and of those brought up in the harvest fields.
Those to whom a debt was owed transferred the debt to another, thereby themselves making a profit, and reducing the wretched debtors to a slavery which was not their natural lot. If any person among those who were made slaves (sa guiguilir)—through war, by the trade of goldsmith, or otherwise—happened to possess any gold beyond the sum that he had to give his master, he ransomed himself, becoming thus a namamahay, or what we call a commoner. The price of this ransom was never less than five taels, and from that upwards; and if he gave ten or more taels, as they might agree, he became wholly free. An amusing ceremony accompanied this custom. After having divided all the trinkets which the slave possessed, if he maintained a house of his own, they divided even the pots and jars, and if an odd one of these remained, they broke it; and if a piece of cloth were left, they parted it in the middle.
The difference between the aliping namamahay and the aliping sa guiguilir, should be noted; for, by a confusion of the two terms, many have been classed as slaves who really are not. The Indians seeing that the alcaldes-mayor do not understand this, have adopted the custom of taking away the children of the aliping namamahay, making use of them as they would of the aliping sa guiguilir, as servants in their households, which is illegal, and if the aliping namamahay should appeal to justice, it is proved that he is an aliping as well as his father and mother before him and no reservation is made as to whether he is aliping namamahay or atiping sa guiguilir. He is at once considered an alipin, without further declaration. In this way he becomes a sa guiguilir, and is even sold. Consequently, the alcaldes-mayor should be instructed to ascertain, when anyone asks for his alipin, to which class he belongs, and to have the answer put in the document that they give him.
In these three classes, those who are maharlicas on both the father's and mother's side continue to be so forever; and if it happens that they should become slaves, it is through marriage, as I shall soon explain. If these maharlicas had children among their slaves, the children and their mothers became free; if one of them had children by the slave-woman of another, she was compelled, when pregnant, to give her master half of a gold tael, because of her risk of death, and for her inability to labor during the pregnancy. In such a case half of the child was free—namely, the half belonging to the father, who supplied the child with food. If he did not do this, he showed that he did not recognize him as his child, in which case the latter was wholly a slave. If a free woman had children by a slave, they were all free, provided he were not her husband.
If two persons married, of whom one was a maharlica and the other a slave, whether namamahay or sa guiguilir, the children were divided: the first, whether male or female, belonged to the father, as did the third and fifth; the second, the fourth, and the sixth fell to the mother, and so on. In this manner, if the father were free, all those who belonged to him were free; if he were a slave, all those who belonged to him were slaves; and the same applied to the mother. If there should not be more than one child he was half free and half slave. The only question here concerned the division, whether the child were male or female. Those who became slaves fell under the category of servitude which was their parent's, either namamahay or sa guiguilir. If there were an odd number of children, the odd one was half free and half slave. I have not been able to ascertain with any certainty when or at what age the division of children was made, for each one suited himself in this respect. Of these two kinds of slaves the sa guiguilir could be sold, but not the namamahay and their children, nor could they be transferred. However, they could be transferred from the barangay by inheritance, provided they remained in the same village.
The maharlicas could not, after marriage, move from one village to another, or from one barangay to another, without paying a certain fine in gold, as arranged among them. This fine was larger or smaller according to the inclination of the different villages, running from one to three taels and a banquet to the entire barangay. Failure to pay the fine might result in a war between the barangay which the person left and the one which he entered. This applied equally to men and women, except that when one married a woman of another village, the children were afterwards divided equally between the two barangays. This arrangement kept them obedient to the dato, or chief, which is no longer the case—because, if the dato is energetic and commands what the religious fathers enjoin him, they soon leave him and go to other villages and other datos, who endure and protect them and do not order them about. This is the kind of dato that they now prefer, not him who has the spirit to command. There is a great need of reform in this, for the chiefs are spiritless and faint-hearted.
Investigations made and sentences passed by the dato must take place in the presence of those of his barangay. If any of the litigants felt himself aggrieved, an arbiter was unanimously named from another village or barangay, whether he were a dato or not; since they had for this purpose some persons, known as fair and just men, who were said to give true judgment according to their customs. If the controversy lay between two chiefs, when they wished to avoid war, they also convoked judges to act as arbiters; they did the same if the disputants belonged to two different barangays. In this ceremony they always had to drink, the plaintiff inviting the others.
They had laws by which they condemned to death a man of low birth who insulted the daughter or wife of a chief; likewise witches, and others of the same class.
They condemned no one to slavery, unless he merited the death-penalty. As for the witches, they killed them, and their children and accomplices became slaves of the chief, after he had made some recompense to the injured person. All other offenses were punished by fines in gold, which, if not paid with promptness, exposed the culprit to serve, until the payment should be made, the person aggrieved, to whom the money was to be paid. This was done in the following way: Half the cultivated lands and all their produce belonged to the master. The master provided the culprit with food and clothing, thus enslaving the culprit and his children until such time as he might amass enough money to pay the fine. If the father should by chance pay his debt, the master then claimed that he had fed and clothed his children, and should be paid therefor. In this way he kept possession of the children if the payment could not be met. This last was usually the case, and they remained slaves. If the culprit had some relative or friend who paid for him, he was obliged to render the latter half his service until he was paid—not, however, service within the house as aliping sa guiguilir, but living independently, as aliping namamahay. If the creditor were not served in this wise, the culprit had to pay the double of what was lent him. In this way slaves were made by debt: either sa guiguilir, if they served the master to whom the judgment applied; or aliping namamahay, if they served the person who lent them wherewith to pay.
In what concerns loans, there was formerly, and is today, an excess of usury, which is a great hindrance to baptism as well as to confession; for it turns out in the same way as I have showed in the case of the one under judgment, who gives half of his cultivated lands and profits until he pays the debt. The debtor is condemned to a life of toil; and thus borrowers become slaves, and after the death of the father the children pay the debt. Not doing so, double the amount must be paid. This system should and can be reformed.
As for inheritances, the legitimate children of a father and mother inherited equally, except in the case where the father and mother showed a slight partiality by such gifts as two or three gold taels, or perhaps a jewel.
When the parents gave a dowry to any son, and, when, in order to marry him to a chief's daughter, the dowry was greater than the sum given the other sons, the excess was not counted in the whole property to be divided. But any other thing that should have been given to any son, though it might be for some necessity, was taken into consideration at the time of the partition of the property, unless the parents should declare that such a bestowal was made outside of the inheritance. If one had had children by two or more legitimate wives, each child received the inheritance and dowry of his mother, with its increase, and that share of his father's estate which fell to him out of the whole. If a man had a child by one of his slaves, as well as legitimate children, the former had no share in the inheritance; but the legitimate children were bound to free the mother, and to give him something—a tael or a slave, if the father were a chief; or if, finally, anything else were given it was by the unanimous consent of all. If besides his legitimate children, he had also some son by a free unmarried woman, to whom a dowry was given but who was not considered as a real wife, all these were classed as natural children, although the child by the unmarried woman should have been begotten after his marriage. Such children did not inherit equally with the legitimate children, but only the third part. For example, if there were two children, the legitimate one had two parts, and the one of the inaasava one part. When there were no children by a legitimate wife, but only children by an unmarried woman, or inaasava, the latter inherited all. If he had a child by a slave woman, that child received his share as above stated. If there were no legitimate or natural child, or a child by an inaasava, whether there was a son of a slave woman or not, the inheritance went only to the father or grandparents, brothers, or nearest relatives of the deceased, who gave to the slave-child as above stated.
In the case of a child by a free married woman, born while she was married, if the husband punished the adulterer this was considered a dowry; and the child entered with the others into partition in the inheritance. His share equaled the part left by the father, nothing more. If there were no other sons than he, the children and the nearest relatives inherited equally with him. But if the adulterer were not punished by the husband of the woman who had the child, the latter was not considered as his child, nor did he inherit anything. It should be noticed that the offender was not considered dishonored by the punishment inflicted, nor did the husband leave the woman. By the punishment of the father the child was fittingly made legitimate.
Adopted children, of whom there are many among them, inherit the double of what was paid for their adoption. For example, if one gold tael was given that he might be adopted when the first father died, the child was given [in inheritance] two taels. But if this child should die first, his children do not inherit from the second father, for the arrangement stops at that point.
This is the danger to which his money is exposed, as well as his being protected as a child. On this account this manner of adoption common among them is considered lawful.
Dowries are given by the men to the women's parents. If the latter are living, they enjoy the use of it. At their death, provided the dowry has not been consumed, it is divided like the rest of the estate, equally among the children, except in case the father should care to bestow something additional upon the daughter. If the wife, at the time of her marriage, has neither father, mother, nor grandparents, she enjoys her dowry—which, in such a case, belongs to no other relative or child. It should be noticed that unmarried women can own no property, in land or dowry, for the result of all their labors accrues to their parents.
In the case of a divorce before the birth of children, if the wife left the husband for the purpose of marrying another, all her dowry and an equal additional amount fell to the husband; but if she left him, and did not marry another, the dowry was returned. When the husband left his wife, he lost the half of the dowry, and the other half was returned to him. If he possessed children at the time of his divorce, the whole dowry and the fine went to the children, and was held for them by their grandparents or other responsible relatives. |
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