Licentiate Andres de Alcaraz, senior auditor of this royal Audiencia, intended to depart this year with the vessels now about to leave for Nueva Espana, but has deferred his departure both because of his ill-health, from which he is recovering, and because I insisted strenuously that he do not leave this Audiencia until the other auditors of it become used to the despatch and customs of their offices, and until they are more in harmony among themselves; for since they are new men, and each one is self-confident in his own capacity and sufficiency, they have had differences of opinion, and partisans. Consequently for a year back there has been more wrangling here, in suits in the Audiencia, than from the time it was established. There would have been many more, had not Licentiate Alcaraz, notwithstanding his many excuses and his advanced age, been urged to attend it whenever possible, in order to avoid that wrangling and the scandal resulting from it. He has endeavored to bring them to agreement, a matter that caused him no little trouble, and excused me from much, for finally the displeasure of those who found that they could not do just as they wished, as it was not just, has been shared between me and Licentiate Alcaraz. Concerning him, I assure your Majesty that he is one of the discreet and sensible judges in your service; and less than his going to take part in what he deserves and in what can commend him to your Majesty's eyes, could not console me at seeing him separated from me. For I do not know how one who wishes to rule aright can have anything more to his taste than such a counselor and one of so great experience in matters—such an one whom, until now, I have been unable to have. And since I was so assured of his good qualities, when I was about to embark in the fleet to fight the Dutch fleet, I persuaded the said licentiate Alcaraz, that if I died on that occasion, under no considerations was he to forsake this country and the Audiencia until your Majesty should have taken measures for all things. Although I gave clear reasons for it, namely the long experience of the said licentiate Alcaraz and other reasons, without thus touching on my distrust of the good government of the other two auditors—although I could perhaps give some different reason, if it were necessary—such was the spite that those two exhibited toward us, that Licentiate Alcaraz tried to avoid the charge of the government. At the end he conquered me and convinced me to have Don Fray Miguel Garcia Serrano, archbishop elect of this city, summoned to aid him in it; he was then absent from the city. The latter is one in whom, besides his qualifications of devotion, virtue, and learning, combine other qualities so good that they can commend him for governments more important than this. Accordingly he came to me at my request, and at the same entreaty he is staying, and is daily putting me under new obligations to him, the greatest of which is my seeing him so intent on and inclined to the service of your Majesty, both in whatever pertains to his own office and in what can aid me in mine. To conclude the account of what ensued with the auditors—Licentiate Geronimo de Legaspi y Echabarria and Doctor Don Albaro de Messa y Lugo—I shall say that whether for the causes here written, or because of restraining them and trying to reduce them to harmony and a desirable moderation; or because the correction of justice is also overtaking the members of their families (a matter on which I could debate by writing more); or, finally, whether it be by deductions from these things (which I know not), the two have so grudged their courtesies that they do not visit me since I have come from outside—although I have been careful to go to their houses oftener than was sufficient. Neither do their wives visit mine. Will your Majesty be pleased to have them advised that what they ought to do in this matter to another president than to me, be not lacking to me. In other things, I shall manage with the fitting mildness and delicacy, so that we all may proceed very conformably to the service of your Majesty. I hope for this, for on my part there is the desire and on theirs so many obligations. Very soon they will make a trial of the obligations that they have in their offices. In order not to neglect the fulfilment of my obligations and the discharge of my conscience, I assure your Majesty that I do not consider it advisable for your royal service that the present order be executed, ruling that he who shall be senior auditor shall exercise the office of captain-general because of the death of the governor; but [I recommend] that, in case your Majesty should have appointed no person for that purpose, the whole Audiencia, together with the archbishop, shall appoint him, and the appointee shall remain subordinate to the Audiencia, as are other captains-general, in the royal council of war: Thus may be avoided the existence of two heads, which occurs with the division of the departments of war and peace of the government, and the great inconveniences that usually result from it. And according to what I, as a Christian, believe, the inconveniences that could be feared, were Licentiate Geronimo de Legazpi to take this office (who in the event of the absence of Licentiate Andres de Alcaraz will be senior auditor), would not be few; for as yet he is a person who has not exhibited the capacity and qualities required for it. On the contrary a certain incontinence has been noted in his morals. With the scandal and bad example of that and certain inclinations in the administration of justice, and complaints from persons to whom he has failed to return money which he received from them to invest in merchandise or to pay to them here, he has become as disreputable as in other matters of his own private affairs. Since he allows one of his sons, the eldest one here, called Don Atanasio de Legazpi, to live so licentious a life, it is said of him that his father is making amends for the fault of his son's bad rearing. He endures from his son much disrespect, even fearing him and following his will in unjust things. Hence it can be inferred that he who cannot govern his own son will illy govern so many others. Further, with such a counterpoise, and since this matter is so worthy of consideration, and so important to the service of your Majesty, and since it is not a matter on which I can take action here or which I can remedy, I could not neglect reporting it to your Majesty, in order that you may take those measures most suitable to your royal service.

Auditor Don Antonio Rodriguez de Villegas has just arrived in that ship from Nueva Espana, but he is in so poor health that he cannot attend the Audiencia except in any necessary case when Licentiate Legazpi and Don Albaro must have a third person. At such times he is requested to attend so that certain business may not be delayed. He has given many signs of prudence, wisdom, and good intentions. That is what hitherto we have been able to understand of him; and I promise myself that his person will be of great service to your Majesty from his good beginnings and the many good qualities that are found in him.

Licentiate Don Juan de Albarado Bracamonte, fiscal of this Audiencia, has served in it and in the office of protector-general of the natives and Sangleys of these islands, for eleven years, and, as I have thus far understood, with great satisfaction and ability. He has ever attended with peculiar care to the advancement of the preparation of the fleets that have been prepared during that time, and to all other matters of war and administration that have arisen. And according to my good opinion of him, I would entrust to him even many more things in matters touching your Majesty's service, and also with my own affairs. As certain reports were made to me upon my arrival at these islands last year, that were opposed to his method of procedure, I endeavored to investigate them secretly and cautiously, and to ascertain the truth concerning them. And although his duties are so fitting and proper for the breeding of ill-will in those querulous persons against whom he has prosecuted cases, or in his subordinates, I have not found anything of importance that contradicts his rectitude and integrity. Those are the qualities most to be esteemed in the ministers of the Yndias. Consequently in consideration of his good qualities, capacity, and skill, I regard him as deserving the grace that your Majesty may be pleased to show him outside this Audiencia in that of Mexico or Lima, in which I think that your Majesty will be very well served.

A few days ago while I was in Cavite attending to the fleet which I prepared for the purpose that I have related to your Majesty, Don Fray Pedro de Arce, bishop of the city of Santisimo Nombre de Jesus, and governor of this archbishopric, advised me that he heard that certain persons were losing the respect due the college of Santa Potenciana, of which your Majesty is patron. I replied to him that I would immediately come to this city to procure the most suitable remedy. Although I did so immediately without loss of time, I found that Licentiate Legazpi, resolving quickly upon such notice as he had, entered the said college and began to make investigations. He examined witnesses on whom he used tortures. Upon seeing this case already in this state, and considering the scandal and dishonor of that royal house and of the guilty persons, it was judged necessary for want of another remedy more honorable and private, to punish the criminals as an example. Accordingly, by employing great diligence, I had them arrested; and the master-of-camp, Don Geronimo de Silba, having judged one of them in the first instance, by name Captain Juan Lemoedano, and sentenced him to the gallows, he appealed to me; but I have not been able as yet to examine his case because of lack of the time necessary for it. The case of another, namely, Captain Don Fernando Becerra, against whom there is apparently less proof, has not yet been sentenced by the said master-of-camp, for he is yet hearing evidence in it. From the investigations of this, guilt is found against Don Juan Manuel de la Vega, ex-commander of the ships of this line to Nueva Espana (son of Doctor Manuel de la Vega, ex-auditor of this Audiencia), whom, according to the sufficient proof, I ought and do condemn to be beheaded and his head exposed to [public] view, and to the loss of one-half of his property. Nor is there any necessity, for this [severity], to collect the evidence in the suit brought against him for the loss of the galleon "San Marcos." He was commander of that vessel when Don Juan Ronquillo fought with the fleet of these islands against that of the Dutch at Playa Honda. He appealed from this sentence to the royal Audiencia, where the case is now proceeding—very slowly, because of the superfluous justification that he is presenting. This has been an affair where it is desirable to manifest great rigor; for otherwise the other correction that I have tried to apply for the honor and defense of this royal house will not be sufficient. On the contrary it would be a damaging precedent, so that others might follow similar acts of audacity. In what pertains to me I shall always endeavor to do justice, although, with these appeals, it is impossible to do it in time, or with the energy that is necessary. Especially in war, and as is customary in it, is rigor at times necessary, and without any delays. Much more is it needed in this land than in others, as dissimulation and failure to punish are so usual in it. Thence result many acts of lawlessness, disobedience, and crime, which inflict great injuries. To restrict them, punishment is necessary, and without it no good government can result, even in peace, much less in war.

Certain doubts are wont to arise in the matter of jurisdictions, and the Audiencia and I understand differently one of your Majesty's decrees which treats of those doubts, which was issued at El Pardo, November seventeen, six hundred and seventeen. In it your Majesty orders that the master-of-camp try all causes, both criminal and military, that touch the soldiers of the presidios, and the ordinary pay of these islands; and also of the others who may not be ordinary soldiers, if they shall have been levied for any purpose and have taken arms in their hands. The appeals of all are to go to the governor and captain-general. The Audiencia thinks that that should only be understood in regard to those who may be levied and assigned pay (as if, having that, there would be any difference between the recent and the oldest levies), and not in regard to citizens when (because of the absence of the regular infantry) they take up arms for the guard of the city, or to go out in emergencies, as many are wont to do. But I can not see how they could be ordered or how they would obey with the punctuality that war demands, if the punishment of offenses, disobedience, and other acts that are criminal in soldiers, were not in charge of the military judges. In Ytalia and Flandes, the Spanish soldiers have only one judge, namely, the commander of the army; for although the masters-of-camp judge in the first instance in cases, that is only exercised by them when away from the commander-in-chief. Will your Majesty please order this matter to be examined and declare your pleasure therein; also in what pertains to the soldiers of forts and the other paid men in them, for I do not know whether your Majesty has hitherto given the jurisdiction in the first instance to the castellans by special decree. Likewise I do not know whether it has been declared as to whom pertains the trial in the first instance of the men in the galleys who have a general or lieutenant, or of their soldiers; or to whom pertains the trial of those who are generally added to and embarked on the galleys from the companies of this camp.

It is also necessary to know who shall try in the first instance the sailors and officers of ships, and those who work at ship-trades, inasmuch as they have no commander or admiral, nor any lieutenant of mine, in such charge, to whom it is committed by any decree of your Majesty. The same doubt exists in regard to the artillerymen, who now have a general of the artillery, as your Majesty has ordered one to be appointed; and if, when that office is lacking or suspended, it [i.e., the right of trial in the first instance] is vested in the lieutenant or captain of the artillery, as it was before. I have written this so long and specific relation to your Majesty, as I desire that you may in each and every thing order what is most suitable for your service. [85]

I have found introduced here the custom that retired officers, upon finding themselves without office, even though it be that of sergeant, will not serve in the regular companies. Thence results a decided inconvenience, for when a soldier has once become skilful and known as a good man, and when he is admitted to greater obligations and made an officer, upon leaving that office, not only are his services lost, but even his person likewise, and he becomes corrupted, when outside of military discipline. Consequently instead of the companies continuing to increase their number of well-disciplined and old soldiers, those who by excelling most and being the best soldiers have been appointed officers, are daily leaving them, and there is a continual lack of those particular persons who are the masters and patterns in the companies for the new soldiers, of those who are trustworthy for matters of importance and opportunity, and of those who are generally the cause of the best results and the avoidance of ill. As causes for not continuing their services in the regular companies, they assign the fact that those retired are not given any preferments here, as in other districts. Will your Majesty have considered the question of whether it will be proper to give the usual additional pay in excess of ordinary pay to retired officers who shall have served in their offices in Flandes; and, before having those offices, the time set by the ordinance that treats of it—even though it be not the additional pay of Flandes, but that of Espana. By this method excellent soldiers will be kept and your Majesty will be very well served.

It has been the custom to send presents and gifts at your Majesty's cost from this place to the king of Japon and to certain private persons, great vassals, and lords of the ports of that kingdom, every year when a ship was sent to that country for the necessary commerce, and the provisions which it sends to this country—inasmuch as it is the fashion not to deliver an embassy or message without taking a present. For some few years back we have neglected to send any. Some religious persons zealous for the service of God our Lord, and for the conversion of that nation and the salvation of its souls, and likewise for the welfare of these islands, desiring to have them as our best friends in all this archipelago, have considered and even say that it is well known that those Japanese have considered the decrease of the commerce, and attributed it to a disrespect for their friendship; and that consequently they were bound by treaty to prefer now that of the Dutch—whom they loved not a little, because they gave and continue to give them rich presents from what they plunder, since these do not cost them much. Having considered this matter and that there are certain conveniences in having friendly relations with that country, which has and gives to this country many necessary and useful things, and where our ships which ply between here and Nueva Espana are liable to put it in distress on both the outward and return trips when obliged by contrary weather as has been already seen and experienced—and on such occasions it has been important not to have them as enemies, for then the Japanese have given the crews of our ships a good supply of necessities, and have shown them a positive proof of good treatment in not seizing the so great profits and wealth carried on the said ships; likewise having considered the friendship that they have established with the Dutch, and the persecution there indicted on Christians and their ministers, the Spanish priests, who preach the holy gospel: I have esteemed it advisable to give a report of the matter to your Majesty, so that you may have it examined and considered, together with the written reports of certain religious, experienced in those regions, as well as that of the fiscal of this Audiencia, who also, I am told, discusses it. Will you order the procedure most advisable for your royal service.

I would not be fulfilling my obligations to the service of your Majesty and to this land, unless I reported as to the faithfulness of your Majesty's vassals here. For although it is true that this region is a place of concourse, or a halting-place, for men of different natures, qualities, and characteristics, who come here for various purposes, many of which are not good, or are brought here, and who leave their impress (and that not little) in extending their vices—still there are, on the other hand, highly honorable and loyal vassals, who attend to your Majesty's service with so great love and willingness; and since the former comprise but the very least part of the citizens of this city, who in all number less than five hundred, not only did I find many who offered themselves and their servants to take part in your royal service on the past occasion when the enemy came here, but also they loaned me their slaves for the galleys, and one hundred and ninety-five thousand pesos. With that I have met the expenses of this camp for most of this year and of the other troops whom your Majesty sustains in your pay. I also built new or repaired the ships, both large and small, and galleys, and from them collected a fleet. The enemy upon seeing that fleet in the port, although it was not completely ready, did not choose to await it, as above written to your Majesty—not even for the profits to be derived from the ships that they were awaiting from China and Nueva Espana, which would have meant no little blessing to them and no little harm to us, if they had returned for it. All that relief resulted from the aid of so good vassals, who, although paid from the money—as were the Indian natives also, who have worked and given the supplies apportioned to them for the above purpose—are even very deserving of reward from your Majesty, if you esteem their service.

In the above campaign, the most aid furnished me, by his person, followers, and servants, was from General Don Juan Ronquillo del Castillo. By his intelligence, assiduity, and labor, I was able to make the preparations that I did; and I do not think that it could have been done without him so well, with so incredible rapidity. Will your Majesty be pleased to have this considered in his behalf, on the occasions that arise for showing him honor and favor. That favor that I petitioned your Majesty to show Admiral Rodrigo de Guilleztegui last year, will be very well extended, for the reasons then advanced. Don Fernando Centeno Maldonado, who is serving in these galleys as commander of them, is a man who, by the honorable rank of his birth, has personal merits and good qualities—so that your Majesty may make use of him in his profession as soldier, or in any other thing, even though it be a position of great labor. He is the man for it, and one who will well use any honor that your Majesty may be pleased to bestow upon him. Many judicial inquiries [informaciones] are made here of merits and services; and although there are some among them of men who have merits, and who have not obtained their reward because of a lack in means to give it to them, or in the failure of their said inquiry to obtain it, the majority consist of the inquiries of men who are or could be ashamed. Of them what they claim might be advanced as a reason for their not deserving even what has been given them. Although it is always to be believed that the auditors, to whom the inquiries are entrusted, ought to make them, not only as judges, but as interested parties, so that sinister inquiries should not be sent to your Majesty's royal Council to defraud your royal treasury and the merits of those who have served well, I assure your Majesty that I have heard that many inquiries have been made with less justification than might be advisable. Moreover, I am an eye-witness of the evidence taken so earnestly by Auditor Don Albaro de Messa in the assembly in the case of one Juan de Herrera, whose inquiry he had made. Because we did not detail so fully as he wished regarding [the reward] that we informed your Majesty could be given him, he refused to affix his signature after the opinion that he there gave in favor of Captain Alonso Estever, a valiant man who has served and serves very well. I do not know whether he has signed in his opinion of Captain Antonio de Esquibel, which he also gave to him at that time. In order that your Majesty may know with what passions they proceed in this, and on what this was based, and may see how little was the justification of this protege of Don Albaro, namely, the said Juan de Herrera (who it is said came here as the servant of the factor Juan Saenz de Quen [86]—of which I am not at all certain, since he has been a soldier here, and even a collector of tributes and encomiendas, and once alcalde-mayor, when the Audiencia was governing; and after his services in these employments, he was found deserving of an encomienda of two thousand tributes, of being appointed commander in the Nueva Espana line, and of an allowance); because cognizance was not taken of this in its order, in the report, Don Albaro was made especially angry. There are also other and less justifiable inquiries, for there was an excellent notary, named Goncalo Velazquez de Lara, who forged many inquiries and other papers; and who recently forged my signature, in order to defraud your Majesty of the fees from the licenses of the Sangley Chinese. I sentenced him to be hanged yesterday, so that he may do it no more, and that others might be warned.

The fathers of the Society of Jesus say that they need more religious of their order than are here. They have asked me to petition your Majesty to grant them the accustomed grace in this matter. What I can certify is that whatever aid and concession your Majesty may grant them will be well employed, for they are men who bear considerable fruit, and not as many of them return [to Nueva Espana] as of the other orders, particularly that of St. Dominic. Of the latter I have heard that more of them than I would wish have left the order," [87] for they are well regulated men and furnish a good example. Although they deny it, I have come to believe that it is not because of the strictness of their life, and that they can all endure it, if your Majesty will order something to prevent it. Of the Order of St. Augustine, I can tell your Majesty that I have heard that they have always applied themselves very earnestly to their charge of facilitating and executing all that has been, and is, necessary to be done in your royal service. In what I have experienced hitherto, I am under obligations to them to confess it, and of especial indebtedness and gratefulness to the provincial, namely, Fray Alonso Barahona, [88] and to the definitors; and inasmuch as it is a matter that concerns the service of your Majesty, I have wished in this letter to mention it to you. I shall close at this point, acknowledging the receipt of only one letter that has come to me from your Majesty in these vessels that have just arrived. It is dated El Pardo, November twenty, one thousand six hundred and seventeen. Consequently with what I have written, I have nothing more to reply to it than that I shall do all in my power, as I ought and as I am obliged to do in fulfilment of its commands, and in all that concerns your Majesty's service. May God preserve the Catholic and royal person of your Majesty, as is needed by Christendom. Manila, August 10, 1619.

Don Alonso Faxardo de Tenca

[Appended to this letter is the following, to which the clause of the letter speaking of the fleet to be sent from Spain evidently refers.]

On August third, one thousand six hundred and nineteen, Secretary Juan Ruiz de Contreras ordered that Licentiate Antonio Moreno, cosmographer, and Captain Juan Media, be summoned to confer with Pedro Miguel, alias Dubal, a pilot, sent by his Highness, the most serene Archduke Alberto, [89] to make a voyage to the Filipinas Islands in his Majesty's service by way of the cape of Buena Esperanza or by the new strait of Mayre. [90] In the presence of Don Lorenzo de Cracola, commander of the fleet, he was asked which of the two routes seemed the most suitable for the voyage of which they were conferring. He answered that that by the cape of Buena Esperanza was most suitable, if the voyage were to be made at the end of this year, because it could not be made by the new strait, as it was now very late in the year. He said that the season most suitable for that was any time in May; and that although, in accordance with the voyages that he has made, the Dutch sail from their country during any time of the year, he thought that this fleet should sail during the month of March, notwithstanding that he offered to make the voyage by sailing the last of November or the first of December, as above stated. He supposes that by making a way-station in the regions, and in the manner that the Dutch do, they would spend thirteen or fourteen months; and they would not make the time at all shorter by not having made the voyage by the open sea. He asserts that the voyage by way of the new strait is much longer, by at least one thousand leguas. He knows this as one who has made the voyage by both routes, and the last time by that of Magallanes, although not by that newly-discovered way called the strait of Mayre; and because he has gone to Filipinas and Terrenate twice by way of the cape of Buena Esperanza. He affixed his signature in presence of the above-mentioned persons and of Cornelio Smout (who came to Espana with the said pilot, having been sent by his Highness), and by Henrrique Serbaer, an inhabitant of this city of Sevilla, who served him as interpreter.

Cornelio Smout Pedro Miguel, alias Dubal Henrrique Servaer



GRANT TO SEMINARY OF SANTA POTENCIANA

In the seminary for orphan girls, which was founded in this city by order of King Don Filippe, our sovereign and the father of your Majesty, four classes of persons are sheltered: the daughters of old conquerors and soldiers of these islands, who, as these have nothing to leave them, are left unprotected; the illegitimate daughters of Spaniards and Indian women (and they are numerous), every one of whom is ruined if she is not sheltered here, because of the great laxity [of morals] in the country; and all are taught and instructed until they depart married. Some married women who quarrel with their husbands are also sheltered there, until the trouble is smoothed over; and there are some poor widows. It is a work of great charity, and one that prevents great offenses to God. But it receives so little aid that the girls are in need. They are barefoot and almost naked, have wretched food, and live in very narrow, obscure, and damp, and consequently unhealthy, quarters. They are treated at the hospital. They have a church, so poor that it has no one to give it a shred as an ornament. The rearing of the girls suffers great injury from their being mingled with the married women, for there is no money with which to build them separate quarters. All of these things are causes that prevent them from living acceptably, and keep them under forcible restraint; while from growing up amid so great poverty and destitution of all things, they do not attract the attention of Spaniards, and lower themselves by marrying Indians. Consequently, all the good ends sought in their rearing are frustrated, and among those ends, the growth of the Spanish population in these regions. I consider myself as the chaplain of this seminary to advise your Majesty of all this (for I think that it is contrary to your royal pleasure and purpose), so that, as its author and only patron, you may correct that state of affairs. It can be corrected by giving the institution some more Indians in encomienda; by adding three more toneladas, in the distribution of the cargo, to the three that are given annually; by raising to thirty its twelve Indians of service, who bring it water and wood; and by ordering that ornaments be given to its church from the royal treasury, as is done to the other churches, and from the royal hospital the necessary medicines, at the written request of the physician and the rectoress. And at present, for enlarging and fitting up the house, your Majesty could give some alms. For its good management, your Majesty might aid the pious intent of Licentiate Hernando de los Rios, procurator of this city, to bring nuns to found a convent in this city, from which nuns might be sent every three years to govern this seminary; for through lack of persons who can be placed in charge of it, and who are suitable for that post, it is and has been managed by only one woman, although four are needed. If your Majesty wishes a more detailed relation of these and other things of this your house, Licentiate Hernando de los Rios will give it to you, for he is well informed of everything. Consequently I finish by entreating your Majesty to have pity on these poor creatures, who all continually pray for your Majesty's health, which may our Lord preserve for many years. Manila, July 15, 617.

Juan Onez

Petition

Very Potent Sir:

I, Diego de Castro, administrator of the seminary of Sancta Potenciana of this city, and its majordomo, declare that the encomienda of Indians was granted to the said seminary, as appears by the decree I present under oath, both to send before the king our sovereign for its confirmation, and to present to his royal Council of the Indias.

I beg and supplicate your Majesty [sic; apparently error for "Lordship"] to give me one copy or more of the said concession with the judicial comment of his Majesty's fiscal, for the purpose above mentioned; and to return the original for a warrant to the said seminary, and for the sanction of the law in the whole matter.

Diego de Castro

In the city of Manila, in public session of the Audiencia, on August three, one thousand six hundred and seventeen. Give it to him, as he asks.

Pedro Munoz de Herrera

I declare that I was summoned in Manila, August twelve, one thousand six hundred and seventeen.

Licentiate Don Juan de Alvarado Bracamonte

And I, Christoval Martin Franco, chief clerk of the government and military office of these Philipinas Islands, declare that I do now despatch this matter because Gaspar Alvarez is prevented from doing it.

I ordered to be drawn, and drew, the copy requested by the above petition from the original concession which was presented for this purpose by Diego de Castro, majordomo (and so at present) of the said seminary of Santa Potenciana, and it is literally as follows:

[Marginal note: "Concession of encomienda."]

Don Juan de Silva, knight of the Order of Santiago, governor and captain-general in these islands; and president of the royal Audiencia and Chancilleria resident therein, etc. Inasmuch as the native towns of Guas and Libon in the province of Camarines have been declared vacant, because of the expiration of the period granted to General Don Juan Tello de Guzman, who held and possessed them, and his failure to establish a colony, as he was obliged; and since they are to be given in encomienda as his Majesty commands: therefore, considering the same, I place the said encomienda of Guas and Libon under the royal crown, together with their subjects, tingues, and mountains, according to and in the form and manner that the said general Don Juan Tello held and enjoyed it, so that the retreat of Sancta Potenciana may enjoy and collect forever the products and profits of the said encomienda. The pension of five hundred pesos received annually from the gambling-houses of this camp by the said retreat is repealed and suppressed, provided it be paid the amount due therefrom up to the day of this concession. In respect to the collection of the tributes of the said natives, the appraisement last made for that province must be observed, and it shall not be exceeded under any consideration, under penalty of the ordinances, decrees, and provisions of his Majesty, made for the Yndias. It shall be seen to that the said natives are well treated, and instructed in the matters of our holy Catholic faith; and in regard to that, it is charged upon the consciences [of the directors of the seminary] and taken from that of his Majesty, and from mine in his royal name. The Indians shall not be harassed or injured by the collectors who go to collect the said tributes, nor by any other person. Given in Manila, December twenty-seven, one thousand six hundred and ten.

Don Juan De Silva

By order of the governor:

Gaspar Alvarez

The account of the concession of this other part was taken from the record-book of royal decrees and other papers of this accountancy of Manila. Given in that city, April twenty-eight, one thousand six hundred and eleven.

Thomas Montero

The above copy is faithful, and is accurately corrected and collated with the said original concession, which was returned to the people, and I refer to that. And the said petition and order I gave the present, witnesses being Juan Vazquez de Miranda and Don Francisco Veltran, citizens of Manila, where this is given on the fourteenth of the month of August, one thousand six hundred and seventeen.

Christoval Martin Franco

Corrected.

Sire:

The seminary of Santa Potenciana of the city of Manila, where your Majesty has had the kindness to order the poor unmarried daughters of conquerors to be sheltered, and which your Majesty sustains and founded, declares that your governor Don Juan de Silva took from it a pension that it possessed for the aid of its support in the said city, and in its place, applied the products of the encomienda of Guas and Libon in the province of Camarines, and apportioned the said encomienda to your royal crown for the support of the girls and for divine worship. The seminary petitions your Majesty to concede it the grace of confirming that favor, since its service to God and to your Majesty is so great.

[Addressed: "To Secretary Santiago Florez."]

[Endorsed: "The Council ordered, September 9, 1619, that the fiscal examine the matter."]

The fiscal declares that this confirmation is not asked for within the four years, although the patent of the governor does not assign any period for obtaining the confirmation; neither does it state that a confirmation must be obtained. The work appears charitable and advisable, and consequently the Council can grant it what favor it pleases. Madrid, September 10, 1619.

On the 23d of November, 619, the Council, after consideration, ordered the governor and Audiencia, at the summons of his Majesty's fiscal, to report on the value and advisability [of such grant]; and that for that purpose a decree of investigation be given in legal form. They shall cite especially what charitable works have been strengthened by other encomiendas; the disadvantages or benefits that may result from this; whether it is an estate that continues to increase or decrease; and what harm may result to the royal patrimony.



REFORMS NEEDED IN THE FILIPINAS

Sire:

Fernando de los Rios Coronel, procurator-general of the Filipinas Islands and of all their estates, declares that, inasmuch as all that community insisted that he come to inform your Majesty of the distressed condition which it has reached, and of what was advisable both for the service of your Majesty and that community's conservation and advancement, he has come, for that reason, at the risk of his life, after suffering so great hardships, to serve your Majesty and those islands, for both of which services he has made this memorial of the most necessary matters that demand reform. Although he thinks that your governor, Don Alonso Fajardo, will remedy many of these things (inasmuch as that whole community writes that he is proceeding as its father), yet, since men are so liable to the possibility of death that most often the good lasts but a short time, and (as we all know by experience, for our sins), another may succeed who will inflict many injuries; and since before the complaints could reach your Majesty through so long a distance and the relief be sent, the men concerned might be dead: it is necessary to prevent the wrongs ere they come to be irremediable, as have been all those that have placed that country in so wretched a condition. He petitions your Majesty to examine this memorial with great consideration, for in [heeding] it consists the welfare and conservation of all the kingdom; for that country, being so far away, has no other remedy for its protection except your royal decrees. The first ten articles of the memorial were approved by your royal Audiencia, so that you may have no doubt of them. He did not inform the Audiencia of the others for just considerations, as was advisable—the city having given him instructions for most of them, which are those that he presents. In the authority that he has presented to your royal Council, the great trust reposed in his person has been evident; for he has served your Majesty and that community for more than thirty years, with so great a desire of acting rightly as is well known, and has never tried to further his own interests, as all [are wont to] do.

1. He declares that having obtained two decrees from your Majesty some years ago (while acting in this capital as procurator-general of the kingdom), with regard to the trading-ships, ordering that your governor and captain-general despatch them some time in the month of June, as the greater part of their success in the voyage consists in that, and as that country has no other fruits and harvests except that commerce, for its conservation and increase, and also for the increase of your royal treasury: not only have they not kept the said decrees but have even done the very opposite. Thence have followed very many great wrongs and annoyances; and that community is greatly exhausted for that reason, and your royal treasury deeply in debt. [This affects the community] not only in material possessions, but also in the loss of your vassals, many citizens and sailors having perished for that reason. Although it is believed that your governor and captain-general, Don Alonso Faxardo, will (as is judged by his method of proceeding), correct this matter, because he has entered upon his office with so good beginnings, still, as he is mortal, and as a person may succeed him who may not attend to this—as others of his predecessors have failed to do, as has been seen hitherto:

He petitions your Majesty to order that this command be observed inviolate. The most efficacious expedient would appear to be to place the governors under a heavy penalty, which they would incur whenever they did not observe it, and that it be made an important clause in their residencias.

2. Item: That your Majesty issued a decree in the year 605, granting favor to the citizens of that community, and ordering your governors that the posts in the trading-ships be given to the deserving citizens for their profit, and that many be rewarded with this. Inasmuch as this is very advantageous to your Majesty's service and to the profit of trade, and inasmuch as the ex-governor always gave them to his relatives, and thus enriched them greatly, and the latter became very arrogant; and since, as this was the affair of the governor, no one dared to bring suit against them; and since this is greatly to the harm of the royal treasury, because they lade quantities of merchandise without registering it, and commit many illegal acts, and will continue always to commit them, for no one dares to speak plainly:

He petitions your Majesty to order the observance of the said decree by ordering the officials of your royal treasury, that should the governor appoint to such offices other persons than those whom your Majesty has ordered, no account be made of it in the royal books, that no salary be granted them, and that those appointed to these offices have their residencias taken at the end of the voyage; and that, until these shall be taken, they cannot be appointed to other posts.

3. Item: That your Majesty has granted to the citizens the toneladas of the said trading-ships, and that your governors allot these, to each one according to his rank and wealth. The citizens have been greatly injured in this, as happened in the year 613, when the governor despatched two small ships, and did not give the citizens one single tonelada; and under pretext of granting gratuities to retired officers, the citizens were obliged to buy space for their freight from those officers, at exorbitant prices. Further, he apportions a considerable number of toneladas to charitable institutions, so that they may sell the space and use, and the price obtained for it; and thus these toneladas are given to the great injury of the common welfare. The further disadvantage follows from this (besides defrauding the citizens of the reward given them by your Majesty) that the toneladas are sold to whomever will pay most for them, and they are bought for this reason by merchants who have companies in Mexico. Consequently, it is quite common for such men to own a great part of the said merchandise of the ships, and thus the citizens are deprived of the profits with which your Majesty has rewarded them.

He petitions your Majesty to order that these be not distributed at will, but that the orders given in this regard by your royal decrees be obeyed, and that the violation of your royal will in this be made a clause of the residencia, with the penalty that may be assigned to it.

4. Item: That your Majesty has ordered that four vessels be built for the trade, of 200 toneladas' burden; and that two of them make voyages each year, while the other two remain in port getting ready for the next year.

He petitions your Majesty that they be not employed in other matters by your governors, unless it be an urgent necessity, as happened last year, when they went out to drive off the Dutch enemy who had besieged us. In such case the citizens themselves shall go out in them to defend the city, since the profit of the citizens is so necessary in order that that community may be settled, and have the sinews with which to defend and preserve itself. They shall not be sent to Maluco or any other district, since thus your Majesty is no less defrauded of your royal duties.

6. Item: It happens that your governor and captain-general has to send to Great China for ammunition and other articles very necessary for your royal service. In order not to anger the Portuguese of the city of Macan, the ships go to its port, although they could go to another. There they are compelled to buy through the Portuguese, and are not allowed to buy from the Chinese in the city of Canton, the Portuguese alleging that the Chinese would charge them excessive rates. But they, as we have experienced, buy the articles needed, and afterward oblige our agents to take them at excessive rates, reselling them to your Majesty to the great prejudice of your royal treasury. That happened in my presence when Don Juan de Silva sent Captain Francisco Lopez de Toledo for that purpose. He brought back the supplies at prices more than thrice their value. While I was acting as the said procurator in China, I bought nails for less than sixteen reals per pico, or five arrobas, and Toledo brought them hither at fifty-six; and other things after this manner, because the Portuguese compelled him to buy through them.

He petitions your Majesty to issue a royal decree, so that the persons sent on a similar commission by your governor may buy freely; and, where they cannot buy freely, they may make another port, where they can trade with the Chinese; and that the governor send an experienced and practiced person on this errand.

7. Item: Inasmuch as the ships built in the Filipinas cause your Majesty great expense, and have ruined and exhausted the natives; and inasmuch as your Majesty owes them a great sum of money from the time of Don Juan de Silva, for their personal services and things that he took by force from them: it is very advisable, not only for your royal service, but also for your royal conscience, to relieve them from so great oppression.

He petitions your Majesty to order your governors that they be prohibited from doing this, and that they send to Yndia to have the said ships built; for besides their incomparably greater cheapness there, one built there lasts as long as ten built in Filipinas, because the woods in Yndia are incorruptible. In this your Majesty will save a great sum of ducados, and the natives will be relieved of so much hardship. For that a decree from your royal Council of Portugal is needed, and it should be charged upon the governor of Filipinas to do this with the mildness and prudence advisable. If it is desired it can be easily effected, and it is of great importance. Of all this he has more minutely treated in clause 7 (which corresponds to this clause) in the memorial which he brings approved from Filipinas.

8. Item: He petitions your Majesty to do him the favor to order the viceroy of Nueva Espana [91] not to allow a vessel to go thither from Japon (which is a most serious evil), and to order that gate to be closed; and, inasmuch as the Japanese do not know how to navigate without a Spanish pilot and sailors, to have an edict published forbidding such persons under severe penalties (which he [i.e., Coronel] does not declare, because he is a priest) from sailing in such ships to Nueva Espana. For that, in another guise, means to teach a barbarous nation how to navigate, and is rash, and opens the gate to many evils, for which afterward there will be no remedy. It will even be advisable to order father Fray Luis Sotelo not to go to Japon, for he was the one who began this, and it may be feared that he will further it.

9. Item: There is no entrance to the city of Manila except by the mouth of the bay, and the Dutch enemy is wont to seize that mouth, and not allow any ship to enter or leave—as has happened thrice, namely, the years of 10, 15, and 17—thereby placing the city in great straits. But it may be presumed that this can be remedied by opening up two rivers—one in Zambales, called the river of Tarla; and the other in Laguna de Bombon, where it was resolved in the former year of 17 that some one should go to examine it, because of their great need—although this was not effected on account of the success obtained in driving away the enemy.

He petitions your Majesty, for the reasons here stated, to order the governors to consider that matter and examine this matter, and to charge themselves with it, as it is a thing of so great importance; and, if it be feasible, to put it into execution with the mildness and skill that is advisable, without injuries to, or extortions on, the natives; and that they send for that purpose a prudent and competent person. For, if the Spaniards possess these routes, the enemy can do no harm to the city, nor prevent it from being supplied with all necessaries. Besides, this is of the highest importance for the service and accommodation of the mines that have been ordered to be opened; and it will avoid the loss of many Spanish and native vessels that are continually being lost. [92]

15. Item: Inasmuch as the Indians of the islands of Mindanao and others near by are declared enemies and are in insurrection, and have embraced the religion of Mahomet; and inasmuch as they have confederated with the Dutch, and committed incredible depredations on the vassals of your Majesty, both Spaniards and natives, and there is no security there:

He petitions your Majesty to charge your governor straitly to try to punish them, and to attend to that carefully, since it is of so great importance; and inasmuch as it will be of great help in facilitating this, to declare those people to be the slaves of whomever captures them in war, since through the greed of gain the natives will help willingly, and the soldiers will go much more eagerly. He petitions that you have your governor proclaim them as such, establishing the above facts with sufficient investigation, and justice on the part of your Majesty to order it; and that this be done quickly, since it is so advisable to your royal service and the security of your vassals.

16. item: That whenever any cause that concerns the governor or any of your auditors or the fiscal is to be voted on in the sessions of your royal Audiencia, he petitions your Majesty to order that such persons shall not be present at the meeting; for their presence is very undesirable, and the execution of your royal justice is obstructed. In regard to this, many disorderly acts have followed, as has happened when opponents have left the session, and even offensive words have been bandied.

17. Item: That your Majesty order that neither governors nor auditors send people thence to this court. That is very annoying, as has been seen in the one sent by Don Juan de Silva.

18. Item: Your Majesty is served by the Indian natives as soldiers in Maluco and other regions—who, as we know by experience, serve very faithfully; and so long as they are at the war, they cannot attend to their fields and sustain their households. And in the repartimientos which are generally made by the governors, both in personal services and in food, the chiefs and cabezas [de barangay], through whom the apportionment is made, practice great cruelty on the wives of those soldiers upon whom they make the said repartimientos, thus giving occasion for the women to sell their children, or to take to evil ways.

He therefore petitions your Majesty that such repartimientos be not made on women whose husbands are thus engaged in the war in your Majesty's service, and that they pay no tribute until their husbands return—also making this concession to those whose husbands shall have died in the war; for not only will this be a service to your Majesty and to our Lord, but the natives will thus be encouraged to go to service willingly, and many wrongs will be avoided.

19. Item: That the jurisdiction of ecclesiastical affairs in the islands of Maluco is subject to Eastern India. Innumerable troubles result from the archbishop of Goa having to place ministers there, who, being of another nation and under another prelate, act very badly.

He petitions your Majesty to grant him the favor to decide that this jurisdiction be subject to the bishop of Cibu, who is the nearest one, and that ministers be provided thence—which can be done easily, as it is so near, while it is done very inadequately from India.

20. Item: In regard to the trading-ships between Filipinas and Nueva Espana and the numerous things worthy of reform (which is advisable both for the royal treasury of your Majesty and for the community, and for the avoidance of many death of the seamen), that which it is advisable straitly to charge and order your governor is the following:

That the accommodations given the commander be moderated, conforming to the capacity of the ships. We have seen them during those years laden by the commanders with a third of the cargo, because they are relatives of the governor, under pretext of having a dispensation of taking the space of fifty toneladas.

20 [sic]. Item: That the said commanders, admirals, and masters, give the residencia for their posts before being appointed to others, which your Majesty has ordered by a decree of the year 604.

Item: That the masters in the port of Capulco [i.e., Acapulco], in addition to the duties that are paid to your Majesty, charge excessive prices for the guards of the boxes, barrels, and other articles of merchandise, without anything being due them; and these fees were not formerly charged, because their office is given to them for that purpose, and that duty [of guarding freight] is annexed to it. He petitions your Majesty to order the royal Audiencia of Manila, or the governor, to set the price that they can charge; and, if they exceed that price, those aggrieved can make claim in the residencia.

21. Item: That your Majesty be pleased to order your governor to be careful, in the muster-roll of sailors and common seamen made out by the royal officials, that all such be efficient; for it happens that a ship may take sixty sailors, thirty of whom are men who have been named as sailors without any knowledge of their duties, but only by favor. Then in times of need there are not any to work, and the few who do understand it cannot attend to the work, which should be divided among so many. Consequently there is signal danger, because the voyage is so long and difficult.

22. Item: That it be ordered that the common seamen who serve in the said ships, who are always Indian natives, be all men of that coast, who are instructed how to navigate; and that they be made to wear clothes, with which to shelter themselves from the cold; for, because they do not, most of them die in high latitudes, of which he [the writer] is a witness. Inasmuch as the factor enrolls other Indians who live in the interior, and who do not know the art of sailing, and as they are a wretched people, they are embarked without clothes to protect them against the cold, so that when each new dawn comes there are three or four dead men (a matter that is breaking his heart); besides, they are treated inhumanly and are not given the necessaries of life, but are killed with hunger and thirst. If he were to tell in detail the evil that is done to them, it would fill many pages. He petitions your Majesty to charge your governor straitly to remedy this.

Item: That inasmuch as the kitchens where the food is cooked are not located in the first part of the forecastle, as is seen in [ships on] these seas, but in the waist; and inasmuch as at the first storm the sea carries them away, after which each one cooks his food in his messroom where he can make a fire (and it is a miracle from God that the ships are not burned)—he petitions your Majesty to order your governor to remedy that, since he is so excellent a sailor. The reason for that abuse is that the officials appropriate the largest storerooms of the ships.

23. Item: That slave women be not conveyed in the ships, by which many acts offensive to God will be avoided. Although that is prohibited by your royal decree, and it is also entrusted to the archbishop to place upon them the penalty of excommunication and to punish them, this evil has not been checked; and many sailors—and even others, who should furnish a good example—take slave women and keep them as concubines. He knew a certain prominent official who carried with him fifteen of these women; and some were delivered of children by him, while others were pregnant, which made a great scandal.

24. Item: That no sailor, and no passenger unless he be a person of rank, be allowed to take more than one male slave; for they load the ships with slaves who eat the provisions, and steal whatever they lay hands on, besides the risk that is run of a plague being started by them. He also petitions your Majesty that the fifty pesos paid as duty on each slave be moderated, and that these imposts be paid according to the tariff in Espana; and that these duties be paid in the port of Capulco—where by selling the slaves, their owners may have the wherewithal to pay the imposts; for it is a great inconvenience to pay them in Manila. For that reason, great deceits are practiced on the royal treasury now; for they take the slaves without being registered, because of the high amount of the duties, and are allowed to take them off at the port [of Acapulco] for twenty pesos. If the said duties were moderated, and paid in the port, no one would take them without registering them, especially since the said slaves serve and aid the sailors in their necessities, and your Majesty gives them no allowance of either food or water. Consequently in no part of the Indias is so large a duty paid.

25. Item: Inasmuch as the good treatment of the sailors is so important, in order that they may be inclined to go there, since there is so great need of them, he petitions your Majesty to order that good treatment be shown them, and they be given leave to take away their boxes in which they carry their clothing and certain small wares freely, without having to open them. For in this matter the guards practice many extortions on them, and take away their little possessions, and harass them so that many refuse to return, and many acts of oppression are practiced.

26. Item: Inasmuch as the officials of the vessels, such as commander, master, boatswain, etc., lade a quantity of merchandise beyond the share given them, and overload the ships by occupying the place of the ship's stores in the storerooms and magazines; and inasmuch as this cannot be checked, as has been seen: there is no other remedy unless your Majesty order the clerk of the register not to receive on the register more than only the allotment of shares that your governor makes; for he proportions the cargo which the vessel can carry, in accordance with its need, and anything more only overloads the ship. But if these goods were not admitted to register, the officials would not dare to lade them, because of the great risk of their being seized as smuggled goods. Consequently great losses would be avoided by proceeding in the above manner.

Item: That neither your governor nor auditors and fiscal be allowed to act as godfathers to the citizens; for that involves very great annoyances, as that kingdom is so new, and as all make claims.

27. Item: That it is the practice or abuse that fowls are given to your governor, auditors, and other officials of the royal Audiencia at lower prices than are current; and that the governor of the Chinese is ordered for that purpose to allot the share of all [the Chinese], and each one is obliged to give weekly so many fowls at a certain low price, and he who does not give them is punished and fined. The worst thing is that on this occasion the governor of the Chinese steals as many more, at the same price. That amounts to a vast sum; for, since there is no other flesh eaten except beef and pork, these fowls amount by the end of the year to more than twenty thousand. In this way signal injury is done to the Chinese.

They also provide their houses with rice, which is the usual bread; and they take it as well as other things from your royal storehouses, at the prices for which they are given to your Majesty as tributes. It results that your Majesty's treasury, in the course of the year, encounters a deficiency of supplies, on account of the great expense, and these must be bought afterward at very high rates. He mentioned this so that your Majesty should provide what may be deemed advisable; for it is a pity to see your Majesty's treasury poorly administered, since it is so necessary there. [93]

28. Item: Inasmuch as certain regidors of the city have their encomiendas in the Pintados Islands and other districts, and as the governors, in order to annoy them, command them to go to live on the encomiendas, thus obliging them to leave their offices, to their own great loss and inconvenience; and as that is even the cause of their being unable to exercise their offices with freedom, in order not to anger the governor: he petitions your Majesty that, if your governor thus urge a regidor to go to live [there] in person, he may maintain in the said encomienda a soldier in his stead, since it is the same thing; and it shall be understood that he is under no further obligation. The same also is to be understood with the leading citizens of Manila.

29. Item: That your governor of Filipinas, in recent years, requested from your viceroy of Nueva Espana many kinds of supplies, such as rigging. One year they carried him fifty thousand pesos' worth of it; but the freight charged for carrying it from one sea to the other alone amounted to a vast sum of money, and the rigging arrived at the islands rotten and useless. For ten thousand pesos, the Indians would make twice as much as what cost fifty thousand pesos. He sent for damask for the flag to the sea of Damascus; and six varas of it cost less than one in Nueva Espana. He sends for garbanzos, habas, biscuit, soap, and many other things, which cost their weight in money; and when they reach the islands, they are rotten and useless. Those things can be provided in the Filipinas with great advantages; and where your Majesty spends one thousand, they can be bought there for one hundred. And, as above stated, there are many other articles besides those I have mentioned—such as flour for the hosts, which in the islands costs less per quintal than does the freight alone for carrying it from the port of Capulco. He sends for preserves for the sick, who never taste them. All the above can be very well avoided, and it is enough to send money, and to order that these articles be provided there. Your Majesty would have saved in these last eight years more than five hundred thousand ducados; for those who have the handling of most of those things profit greatly from them.

29 [sic]. Item: Inasmuch as some religious commit great excesses in making repartimientos among the Indians for works that they invent for the natives; and also take from them their fowls, swine, and other food at a less price and inflict on the Indians great injuries and vexations, not only in regard to food, but also to increase their own profits:

He petitions your Majesty to order your governor, as protector [of the Indians], to check those excesses—and the archbishop as well, since he may have in this respect a better opportunity to check them; for some of the religious cause more injury to the natives than could be told here. It is extremely important that this evil be stopped, and that the religious be not served by the Indians, unless they pay the latter their just wage; and that, unless they have permission from your governor, they shall not make repartimientos on the Indians, nor make them serve on their works. [94]

30. Item: That there are four orders of religious in those islands—those of St. Dominic, St Francis, and St. Augustine, and the Society of Jesus—and they are well known there. On account of the trouble caused by other orders going there, and the necessity of having to make new allotments for mission work, he petitions your Majesty that no other orders may go there—even though they be the same orders in name, under pretext that they are of another mode of living; for Fray Luis Sotelo endeavored to introduce there the calced friars in the Order of St. Francis, while the people are well contented with the discalced friars. And the other orders should be made to understand that the land is very new, and does not need so many different kinds of religious. [95]

31. Item: Many Chinese marry native Indian women, and become Christians and live near the city of Manila. Their only occupation is as retailers of goods. If they were to be gathered into one place, in a location that should be given them where they could build a town, in order to cultivate the land and sow it (for they are excellent farmers, and there is so much fallow land that might be given them), not only would they be very useful to the community, but numerous troubles that follow, because they are hucksters and retail the food, would be avoided. This is especially desirable because in this manner they will become more domestic and peaceable; and, since the number of those born is thus increasing, the city will not have so much security as if they were collected together, nor can this be done hereafter so easily as now. He petitions your Majesty to charge your governor to do this, by the best plan that offers.

32. Great difficulty arises from the governors placing in the city magistracy relatives or dependents of his household, or those of the auditors. Because a certain ex-governor did that, nothing was enacted in the cabildo that he did not know, and of which he was not informed. Consequently the cabildo does not proceed with any liberty, nor does any one dare talk with Christian freedom, or defend the community in grave cases. He petitions your Majesty to order that such persons be disqualified to act as regidors, or as alcaldes or scriveners of cabildo (which has resulted in the same difficulty).

Item: Your Majesty granted favor to those islands and their inhabitants, so that they might be encouraged to work gold mines of which only the tenth part of the product should be paid for twenty years, which time is about at an end. He petitions your Majesty to grant that country favor for another twenty years, so that the operation of the mines may be better established.

33. In regard to the inspection of the Chinese vessels, when they come with their merchandise, your governor appoints an inspector. The ex-governor was wont to appoint a member of his household. On that account notable wrongs have been committed; but no one has dared to demand justice against the inspectors, because they are such persons. He petitions your Majesty to order that this post be filled by one of the alcaldis-in-ordinary—who, inasmuch as they understand the great importance of conserving that trade, and as it is a matter that grieves them, will show the Chinese good treatment, since it is incumbent upon those officials to consider the interests of their community.

34. Item: That the trading-ships that navigate to Nueva Espana have sometimes not been despatched, for personal purposes of the former governors, which is to the great injury of your royal treasury and of the citizens, since those ships are the sinews of that community. He petitions your Majesty to order your governor to prevent such a thing, so that, unless compelled by a very great necessity, the annual despatch be not neglected.

35. Item: He petitions your Majesty to order your governor not to exclude the regidors of the city from appointments in accordance with their merits, since they derive no profit from the city magistracy, and are serving the community.

36. Item: He petitions that your Majesty be pleased to order that religious be provided, belonging to the orders there, for there is great need of them

37. Item: The maintenance of commerce with the Chinese, and the good treatment of those from that nation who dwell in those islands, are of so great importance that that community cannot be maintained without them (as they practice all the trades needed by a city), and it is advisable to treat them well. But your governor, Don Juan de Silva, after having levied upon them so great a tax as the annual payment of nine reals of eight for permission to remain in the country (which meant, however, to impose this tax on the citizens, since because of it all prices were raised), besides this made them render personal services, by which they were sorely vexed. He therefore petitions your Majesty to order your governor to treat the Chinese as well as possible, and to exempt them from those personal services, which are a greater burden on them than are the licenses. This should be done, also, since they are foreigners, and remain voluntarily; and, moreover, since there is so great need of the kind and just treatment and equity which should be extended toward foreigners for their conversion, inasmuch as the miracles which in those regions secure conversion are good examples.

38. Item: That about two thousand Japanese generally reside in that city; and that, as trading ships come annually, many Japanese remain there. But they are not only of no use to the community, but a signal danger, since they have three or four times placed the city in danger of being ruined. In this last encounter with the Dutch, Japanese went to them who gave them information; and on the day of the battle a company of them who fled from Manila went to help the enemy. He petitions your Majesty to show that kingdom the favor to order straitly that no Japanese remain there; but that those who go there every year must return to their own country.

39. Item: Inasmuch as the Indian natives have been so ruined by the past shipbuilding, and your Majesty is indebted to them, for personal services and things taken from them by Don Juan de Silva for your royal service, more than one million [pesos]: he petitions your Majesty to order your governors that now and henceforth they shall endeavor most carefully to avoid, as far as possible, harassing the Indians; and that they shall also avoid the building of galleons, since, as stated in another memorial, these can be brought from India at a much less cost to your Majesty; and that an effort be made to remunerate the natives for a part of the debt due them.

40. Item: He petitions your Majesty to command that a copy of the commercial decrees be given him, that he obtained formerly when he was in this court in this same office; for the last governor took possession of the decrees when the packet in which they were sent to the city fell into his hands, and refused to give them up, but kept them.

Most potent sire:

The procurator of the Filipinas declares that, having to descant upon the matters of that kingdom that need remedy and reform, both for the service of your Highness and for the welfare of that kingdom; and as he had considered and discussed them before leaving that kingdom; and considering his many years of experience, which best demonstrates what is needful for that kingdom's prosperity: the first thing that occurs to him is the following.

First: That the cabildo of the city of Manila, inasmuch as certain of the regidors are appointed by the governor and at times from his own household, suffers very great troubles because they are unable, when discussing the common welfare in the said cabildo, to do it freely, or to advise your Highness of what is expedient, because those persons tell it to your governor. And, as is often necessary, if they have to write the truth of what is occurring, if it is against the governor, they know that he will hear of it, and will be angry at them, as has sometimes occurred; and he has even arrested them, and has spoken to them roughly and harshly. Inasmuch as the said governor is the soul of that community, and the one who must reward their services, and is even the cause that nothing but what he wishes is done and written; and inasmuch as many times certain prominent persons and leading men refuse to act as regidors, and those persons who would be very desirable to retain therein have left the cabildo:

I petition and supplicate your Highness that those who enter the said cabildo because of the absence or death of those who are now members be appointed by the entire royal Audiencia. Those appointed shall be nominated by the said cabildo and the said royal Audiencia shall select one of the two who shall be nominated; and your governor shall be unable to remove him, just as if he were appointed by your Highness. By this method this trouble will end, and a confirmation of this request should be sent.

Item: Inasmuch as the said regidors do not have any profits, and as, on that account, those who it is important should be regidors refuse to act: if they were assigned some just reward they would be eager to defend their community. This reward could take the shape of one-half tonelada for each regidor, in addition to his allotment in each ship. Consequently, they would be encouraged to work and would oppose the difficulties that arise.

Item: Will your Highness please grant me a royal decree that the governor may not compel the said cabildo to go to his house to hold their meetings; but that they always hold them, as is usual and customary, in the said city hall, so that they may freely discuss what is advisable for your Highness's service and that of your community. For sometimes the governor has ordered the regidors to meet in his house to hold a session of cabildo, contrary to the privileges of the city.

Further, I petition your Highness to give me also a duplicate of the royal decrees which have been drawn for the last ten years in favor of that kingdom, so that, having them in its possession, they may be executed when expedient.

Item: When the insurrection of the Sangleys occurred, there were many houses near the walls, whence they did us much mischief until these were destroyed. Your governor, Don Pedro de Acuna, ordered that no edifice be built within three hundred paces of the wall. Will your Highness please to have the ordinance of your governor confirmed for the city's perpetual defense.

Item; That the orders and monasteries have established several settlements about Manila, so that they can keep Indians in service for their own works, causing the said Indians to be reserved from personal services. For this purpose they depopulate the encomiendas, and bring the people to Manila, and those settlements become dens of thieves and vagabonds, and of hucksters and retailers who buy provisions at wholesale for their retail trade, and enhance their cost; and commit many offenses against God. I petition and supplicate your Highness to order that those settlements be broken up, that the Indians go to their own districts, and that only one dozen Indians remain for each monastery.

Item: Inasmuch as the care and vigilance that should be exercised toward foreigners is of great importance for the security of that kingdom, so that it may not again suffer a disaster like the last—especially toward the Chinese nation, with whom more risk is run, since they are very greedy and cunning, and are bribers who easily corrupt the judges with bribes and gifts: therefore, in order to remedy this now and henceforth, it is advisable that a competent, energetic, and disinterested person be chosen in that community, who shall have under his charge that duty of cleansing the country and giving licenses to those Chinese who are to stay, and he shall be accompanied by a regidor. Inasmuch as, were the appointment of such person in charge of the governor alone, it might, as it is an office of profit and honor, be given to some of his servants or followers, or as an investment, it is necessary that the selection of such person be made by the entire royal Audiencia and the cabildo of the city; since it is of so great importance, as it is the weightiest affair of that community. Since so many will take part in the election, they will cast their eyes on a person who is suitable for this post. To such person the most ample commission must be given, and he shall proceed as is the custom in war against criminals; for in any other way, were opportunity given for appeals and suits, he would accomplish no good. I know that from my own experience, as a person who had that duty in charge for four years, and who labored arduously in it.

Item: That your Highness order straitly that no person keep Sangleys in his house or allow them to sleep inside the city under any consideration (for in that matter I accept no person of that community); and that the said judge may punish such transgressors with heavy penalties, without any one being able to prevent him.

Item: It is fully as advisable that no Japanese be [allowed in the city], which is a great cause of trouble. For they are, on the one hand, a warlike race, and easily come to blows with the Spaniards, for they will not suffer ill-treatment. Consequently they have sometimes risen against us, and have seized arms. This has occurred because some soldiers have desired to harm or injure them, whereupon they, to revenge themselves, seize certain cutlasses that they carry, and begin to assemble together. They may place us in exceeding great danger. On the other hand, if we are careless in permitting them, many Japanese will come. We are in great danger, besides, lest some take to the highways, for among those who come from those kingdoms of Japon are many who have fled for crimes, and who have no right to return to their country. Likewise [it is advisable to restrict their coming] in order to preserve the friendship of the emperor; since, if we do not retain them in that kingdom, there will be no occasion for any event of treachery that should force us to break friendship with him. I petition your Highness to order this straitly, and that the said judge also have it in charge.

Item: There are certain depositories in the said islands called "commons" [comunidades], in which each Indian places one-half fanega of rice at the annual harvest season. Those commons were ordained with the object and purpose that they might serve the said natives in time of need, by relieving the poor and lending to other needy persons, who return it at the harvest. The plan would have been of great importance had that end been secured; but what actually occurs is, that the alcaldes-mayor sell the rice, or appropriate and loan it, and never return it. And between the stewards and the religious for feasts of the village (for they are those who have charge of the Indians of the missions), at the end of the year all the rice has been used, so that the needs of the poor Indians are not succored. That waste can well be avoided; and they regard it as another very large tribute. Therefore, it is advisable for the service of God and the welfare of those poor natives that your Highness order the said commons to be suppressed. If it be necessary to keep them, it is advisable that the governor of the Filipinas order that there be one reliable steward in each one, who shall have charge of the said depository; that no magistrate or religious put into or take out of the said commons; and that during any time of necessity the rice be lent to the poor; and at the harvest it be paid in kind. If this were to be put into execution, it would be of great importance, according to an opinion that I expressed on this matter in the Filipinas. If the above plan were observed in the commons round about Manila, some forty in number, there might be, as a result, one hundred thousand fanegas of rice or more on the occasion of any sudden need, which could be placed within the city very speedily; for, as the city has no depository, the greatest danger of the Spaniards, in case any enemy besiege them, lies in their capture through famine. With this the remedy would be secure, and at the same time the Indians would be fed and aided in their needs. When it was expected to place this plan in execution, the said governor sent three of his servants, with a salary of seventy reals to be paid by the commons. Those men, who consisted of judge, alguacil-mayor, and clerk, remained at each commons, balancing accounts and making investigations until all the contents were used up on their said salaries. Consequently, they established order or agreement in nothing, and all remained as before. For this reason, then, affairs are going to pieces; for men are not sought for the offices, but offices to accommodate whomever the governor desires.

Item: That many posts for alcaldes and corregidors have been created by making two such districts out of what was formerly one, so that the governor could accommodate persons to whom he was under obligations. That is much to the cost of the Indians, and [an offense] to God and to my conscience; for the multiplication of those offices means the multiplication of those who destroy the Indians and inflict innumerable injuries upon them. I petition and supplicate your Highness to order the said corregidors' and alcaldes' districts remade as they formerly were.

Item: That the governor be warned to endeavor to avoid, as far as possible, the injuries inflicted upon the natives in the cutting of wood and in personal services; for they sometimes draft them in the planting season or at harvest, so that they lose their fields, as I have seen. In addition to this, many times they do not pay the Indians, because there is no money in the treasury, which is continually short of funds. This often arises from the fact that they do not estimate and consider the needs of the Indians with the amount of money that is available; and consequently all the Indians complain. Finally, when the said Indians are paid, it is done by the hand of the chiefs or cabezas de barangay, who generally keep the money. Will your Highness be pleased to order the governor and royal officials to avoid the above grievances as much as possible; and when it is necessary for the Indians to perform any personal labor, which consists generally in the cutting of wood, to see that it be when they are not busied in their fields—for that can generally be avoided—and that they be paid the just wage, and that promptly. For acting in any other way burdens your royal conscience, since those who perform such service are very poor, and do not dare to ask for their pay, if it is not given them. Consequently they very often do not receive it. In this way are they much burdened by personal services.

Item: Considering the nature of the Indians, who are generally indolent and lazy—inasmuch as the religious have always forbidden them to pay the tributes in kind, insisting that they be allowed to choose for themselves in what they wish to pay it, consequently the rate of living has risen greatly. The country is steadily going to ruin because the Indians are not compelled to pay in kind; for they refuse to plant or cultivate, and all engage in mercantile pursuits, seeing that they can easily gain the ten reals which is the amount of their tribute. Although the effort has been made to remedy this by another way—namely, by official visits from the alcaldes-mayor, in order that they may rear fowls and plant fields, the result of that has been to strip them of their possessions. For when the alcaldes-mayor go to inspect them (that is, every four months), and do not find the fowls that they have ordered the Indians to rear, they sentence them to a pecuniary fine. Such is the Indian that he does not take warning from that, nor will he work unless he knows that he must pay the tribute in kind. Moreover, it often occurs that the justices themselves take from the Indian the fowls that he has reared; and then when they go to visit him and he does not have them, they punish him with stripes and fines. Thus they practice many injustices against the Indian; but, if he knew that he had to pay in kind, he would rear the fowls as formerly.

Item: There is one abuse very worthy of correction, which is, that the religious and alcaldes-mayor keep certain Indians in service, whom the village grants weekly, and who are called tanores. Those Indians have to serve for nothing, which is contrary to justice and their rights. This was introduced from the custom in Nueva Espana. Will your Highness be pleased to order that the said tamores [sic] be suppressed, or that they be paid for their toil. For they make use of such Indians, and manage to be well served at others' expense. It is also the custom to give fish freely on Friday, at the cost of the village, to the alcaldes-mayor and also to the religious.

Item: That the royal Audiencia shall not try the suits of the Indians in the first instance; for all the cases are brought before the Audiencia, and the Indians spend all their substance with lawyers and attorneys, and even go into debt, for they are fond of litigation. And since suits conducted by audiencias last so long, the Indians spend all their substance, which means the ruin of the country. Since your Highness has ordered that such suits be tried summarily and orally, will your Highness be pleased to order that that decree be observed; and that the alcaldes-mayor and justices try in the first instance, and in the second in a case fully proven, so that the Audiencia may give sentence therein, and despatch the suits quickly.

Item: That, although your Highness has ordered that the Indians be not fined pecuniarily, your order is disregarded, especially by certain officials of the doctrinas [i.e., missions]. There is considerable abuse in this matter that deserves remedy. In some districts, also, very large fees are collected. Will your Highness be pleased to order this remedied, I mean the taking in some districts of these fees by officials of the doctrinas. [96]

Item: The governors have appointed captains, masters-of-camp, and all sorts of military officers among the natives. They allow them to have company colors, and finally are teaching them how to fight after our manner. That means, even if we should need the Indians, naught else than to awaken one who sleeps, until what he has practiced becomes his purpose.