The Philippine Islands, 1493 1898: Volume XVII, 1609 1616 by Various

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DECREE REGULATING SERVICES OF FILIPINOS

We order that, in the Filipinas Islands, no Indians be distributed in
repartimiento, in any number, for private or public means of gain;
since for the cutting of wood, navigation of caracoas, and other
works of this sort, in which our royal treasury is interested,
and for the public convenience, the Chinese and Japanese found on
any desired occasion in the city of Manila must be (as they are)
hired; and, as is understood, there will be a sufficient number of
workmen among them, who will engage in these services for the just
price of their toil. From them shall be employed those who wish to
hire themselves out, in order to avoid the concourse of Indians [at
Manila]. In case that the repartimiento cannot be entirely avoided,
as will be provided, and if the Chinese and Japanese are either
unwilling or unable to satisfy the actual need of those public works,
the governor and captain-general shall take measures with the Indians
so that they may aid in the works freely and voluntarily, making use of
the means that seem advisable to him to effect it. But, granted that
there be a lack of voluntary workers, we permit that some Indians be
forced to work in these occupations, under the following conditions,
but in no other manner.

That this repartimiento shall be made only for necessary and
unavoidable affairs; for in so odious a matter, the greater benefit to
our royal treasury, or the greater convenience of the community, cannot
suffice; and all that which is not necessary for their preservation,
weighs less than the liberty of the Indians.

That the Indians in the repartimiento shall be lessened in number
as the voluntary workers shall be introduced, whether the latter be
Indians or those of other nations.

That they shall not be taken from distant districts, and from climates
notably different from that of their own villages. The choice of all
shall proceed without any partiality, and so that both the hardship
of distances, the burden of the occupations, and compensation for the
other circumstances in which there will be more or less grievance,
shall be shared and distributed equally, so that all may share the
greater and less toilsome services, so that the benefit and alleviation
shown to some may not be changed into injury toward others.

That the governor assign the number of hours that they shall work
each day, taking into consideration the lack of strength and weak
physical constitutions.

That they be given in full the wages that they earn for their work. And
they shall be paid personally each day, or at the end of the week,
as they may choose.

That the repartimientos be made at a time that does not embarrass
or hinder the sowing and harvesting of land products, or the other
occasions and periods upon which the Indians have to attend to the
profit and management of their property; for our intention is that
they be not deprived of it, and that they may be able to attend to
everything. Therefore, we order the governor that, at the beginning
of the year, he shall take note of the building and other matters
of our service in which the Indians have to be employed; for if the
time is chosen, it may be arranged in such a way that the Indians
may receive no considerable injury to their property or persons.

That, granting the poor arrangement and plan of the caracoas, and
that when remanded to them many Indians generally perish, because of
sailing without a deck, and exposed to the inclemencies of storms,
we order that these craft be improved and built in such a manner that
the Indians may manage the oars without risk of health and life.

In all the above, and in all that may touch their preservation
and increase, we order the governor to proceed with the care and
vigilance that we expect, and that he punish signally and rigorously
the ill-treatment received by the Indians from their caciques or from
the Spaniards--especially should the latter be our officials, upon whom
the penalties must be more rigorously executed. We request and charge
both the secular prelates and the provincials of the orders to exercise
the same attention in the punishment of offenses of this nature,
committed by the ministers of instruction and other ecclesiastical
persons. And we order that any omission of the governors, justices,
and officials entrusted, in whole or in part, with the observance
and fulfilment of this law be made a matter of their residencia.

[Law passed in the reign of Felipe III, and dated Aranjuez, May 26,
1609.]

DOCUMENTS OF 1610

Petition of the Recollects. Dionisio de la Anunciacion, and others;
June 30.
Dominicans request suppression of the Audiencia. Baltasar Fort,
O.P., and others; June 30.
Relation of 1609-10. Gregorio Lopez, S.J.; July 1.
Letter to Felipe III. Juan de Silva; September 5.
Letter to Silva. Felipe III; December 7.

_Sources_: All these documents save one are obtained from the original
MSS. in the Archivo general de Indias, Sevilla. The third is found
in the Ventura del Arco MSS. (Ayer library), i, pp. 273-340.

_Translations_: The first three documents are translated by James
A. Robertson; the fourth and fifth, by Robert W. Haight.

PETITION OF THE RECOLLECTS

Sacred Royal Catholic Majesty:

In conformity with certain requirements of the visitor of the
Augustinian order in these islands, we, the Recollect religious
of the same order, have all rendered obedience to the father in
their rule of life in this country. We are obeying very exactly the
orders that you, Sire, have given, although we have received signal
annoyance thereby, as we think they will prove in every way a great
hindrance to our mode of life and its tranquillity. Especially do
we believe--and it is beyond doubt true--that if we are forced to
continue the same obedience, it will mean not only a cessation of
the forward movement of this special work, but the extinction of us
all therein; for we have in no way been guilty of any fault whereby
we have merited such a penalty, as this action, under this form,
must be considered. This will be shown by the evidence, for some of
us religious, who came to these so remote regions from that country
[Spain] by order of your Highness, have died; and although others
have taken the habit, this is not a country where the orders can be
preserved by that method alone, without the reenforcement of those
who can come from those kingdoms to help in this work. If we are
kept subject to the rule, we shall lose this refuge, and we are on
the direct road to ruin without attaining that fruit through special
desire of which we felt ourselves forced to leave our native land and
the association of our brother religious in our so prompt response
to the order of your Highness. Since our mode of living has been,
and is, regulated by the care that we owe to our obligations, and is
an example and to the edification of the town--and this it public
and well-known--to say nothing of our established rules and rigor;
since this city and kingdom hold us in pious and especial affection;
and since, in the service of your Highness we are laboring for the
conversion and administration of a mission-field in a toilsome post,
and one without any temporal consolation, and through not having
the proper number of religious for another mission (namely, three)
we left the latter, as well as many others to which attention should
be given, and which have been offered to us and are offered daily,
but which we have not accepted for the above reasons: we believe
that we can supplicate your Highness with proper confidence--as we
do supplicate you--in the submissive spirit of faithful vassals and
the humility of poor religious, to be pleased to favor this so pious
cause, and one so to the service of our Lord. We ask, Sire, that you
will cause some Recollect religious to be sent from those kingdoms,
so that with an increased number we may also increase in courage; for
all must result in an increase of the service of the two majesties. We
do not intend by this, in fundamentals to withdraw ourselves from the
obedience that we have been ordered to give to the rule, but only to
preserve our established laws, and to attend with greater leisure and
assiduity to our obligations. The clemency of your Highness will be
very necessary to encourage this work, as has been done hitherto in
everything offered us. Hence we again supplicate it with the urgency
demanded by the importance of the matter.

When we came to these regions, your Highness was pleased to grant us
the alms of wine and oil for the space of six years, as you did to the
other orders. Inasmuch as--although, in accordance with your orders,
the alms have been granted us hitherto--the limit assigned by your
Highness will soon expire, we humbly beseech your Highness to be
pleased to have the said alms provided, as to the other religious
orders, and also the support for the religious of this convent,
as may seem best to your Highness. We also beseech your Highness to
have medicines given us for our sick, as to the other convents. Will
your Highness grant us this with your accustomed piety; since we are
as poor as the other convents, and are occupied in the same ministry.

Don Juan de Silva, your governor, in your Highness's name granted us
a site, where we have a church and convent, with the proviso that we
secure your Highness's confirmation thereto within forty years. We
beseech you with all due humility to be pleased to grant us the said
confirmation. For that and for all the other matters contained in
this letter, our father master, Fray Pedro Solier, [17] provincial,
who has been living under our rules in these islands, is delegated with
our authority. In case of his death, we delegate our authority to the
prior or procurator of the Recollect convent in your capital. We shall
receive most singular favor in whatever action your Highness takes in
despatching our affairs with your most powerful hand. May God's favor
be ever with your Highness, and may He preserve and prosper you for
His greater service, and for the increase of our holy Catholic faith,
as we, the humble chaplains in this your Majesty's convent of Sant
Nicolas of the Recollects, desire. Manila, June the last, 1610.

_Fray Dionisio de la Anunciacion_, prior.
_Fray Andres del Spiritu Santo_
_Fray Francisco de la Madre de Dios_
_Frai Pedro de San Joseph_

[_Endorsed_: "Ascertain what the governor must have written in regard
to the site given them. When Fray Pedro de Solier comes, everything
will be examined."]

DOMINICANS REQUEST SUPPRESSION OF THE AUDIENCIA

_Certain religious of the Order of St. Dominic declare that his
Majesty's decrees are not observed, and relate the evil behavior
of the fiscal of that Audiencia. They send a memorandum of their
arguments for the suppression of the Audiencia in those islands._

Sire:

The Order of St. Dominic has been in these districts and islands
upwards of twenty-four years, and one of those who write this letter
is one of the first who came to these districts to establish the
order. Here, by the grace of God, great service has been rendered
to God and to your Majesty in the conversion of the provinces which
have been entrusted to us--namely, the province of Pangasinan, and
that of Cagayan, and this. The conversion has ceased to progress for
want of ministers, and now is not being continued for the natives. In
all the above period of time, we have seen many things, and write
as eyewitnesses. Our first statement is that if this country were
governed according to the orders and decrees despatched by your
Majesty for that purpose, it would be the most prosperous of all
your Majesty's kingdoms, for your Majesty's orders in regard to
this country seem truly to have had at the time of their ordering
the special help of the Holy Spirit. But the deplorable thing is
that your Majesty's orders and decrees are not observed; and worse,
some say that your decrees do not bind the conscience. This is very
grievous, and brings in its train great difficulties. The pity is,
that those who should be the agents and defenders of your decrees
are the first to violate them. All that is done is contrary to your
Majesty's orders and commands. As this state of affairs should be
punished severely for the correction of other offenders, and there is
no one to attend to that punishment, the Lord, who is supreme judge,
advocates the cause thus, and punishes them, avenging by His hand
the little respect given to your Majesty's just orders. This is seen
in the great number of shipwrecks, one after another. Although there
are no prophets in this land, yet all prognosticate beforehand what
will surely happen, since the vessels sail with so heavy a cargo of
injustices; and accordingly they say that the voyages will not end
well, as we see by the outcome. But the pity is that, as the punishment
is public, and in the ships, it is necessary that the just should pay
for the sinners. Of the truth of all the above, your Majesty would
rest assured if you were to visit this country. This is daily going
from bad to worse, because until now, if those debarred therefrom
were trading and engaging in commerce, they did so with some show
of shame, and under some cover; but last year your Majesty's fiscal
came here, and all shame has been lost. For he has publicly traded and
engaged in commerce, and has gone to Cavite to lade his exports. This
has scandalized the entire community. Although the fiscal has been
advised and corrected in a fraternal spirit, he has not turned over
a new leaf. One of our number having told him that he had committed
a heavy sin against the oath that he had given to your Majesty,
he says that he knows his own business, and what he can do. And,
as your Majesty is far away, they have no fear.

A memorandum concerning your Majesty's Audiencia in this country,
accompanies this letter. Therein are set forth the reasons why it
is advisable for your Majesty to order it to be suppressed, and they
explain how it would be to the service of God and of your Majesty, and
to the advantage of your royal treasury were there no Audiencia. For
the Audiencia serves but to take the profits of the country,
in violation of your Majesty's orders in your royal decrees. For if
there is any matter of gain it is given to the relatives or followers
of the auditors, and in matters touching trade and commerce, these
are they who export most of the cargo. This is manifestly unjust,
as it would be in Castilla, if any corregidor should unlawfully
reap the benefits of the whole returns of vineyards which were not
his. In this country there are no other vineyards or fields than the
cargo which your Majesty has conceded to the inhabitants. As for the
advantage that could accrue from this Audiencia to this country, that
was, to act as a check on the governor. This consideration has now no
longer any force, on account of the decrees brought by the governor,
in which the auditors are ordered not to oppose him, but only to give
information to your Majesty. This can be done by many in this community
who are free from covetousness (as are the archbishop and the religious
orders), if they were permitted to attend to this and to oppose the
acts of the governor. The auditors are pledged to the said governor,
because he has given the posts and advantageous positions to the
relatives of the auditors; therefore the latter do not dare to talk,
as experience has shown us in the past. If your Majesty reestablished
the Audiencia--and we, your Majesty's vassals, requested it--it was
with hopes of the aforesaid. And since that result is lacking, it is
very much to the service of God and of your Majesty, and advantageous
to your royal treasury, that there be no Audiencia. For any lawyer
can conclude the cases here, as Licentiate Rojas and Doctor Morga did
when there was no Audiencia here. We trust, through our Lord's mercy,
that your Majesty will consider this so just proposal, and give it
inspiration, so that it will be settled in a manner suitable to the
service of God and that of your Majesty, and the welfare of all these
your vassals who live so far from your Majesty, and who are most loyal,
as you have been made to see in the past.

Archbishop Don Diego Vazquez de Mercado reached this city this month
of June, and was received with universal rejoicing and happiness;
for he is well-known, and the people know his earnest zeal, and that
it is expended for the service of your Majesty and that of God, and
the increase of our holy faith. We trust that life will be given him
to reestablish all this country that has remained without a shepherd
for so long. The pity is, that he has not the means with which to
assist the poor, as their father which he is, and all are grieving
over this. Will your Majesty encourage him to continue with holy zeal
in the future and not to become faint-hearted on account of poverty;
and surely it is poverty to be an archbishop in this land.

The royal officials, whose duty it is, by right, to inform your
Majesty of everything here, will inform you and attend to that. They
are honorable men and fulfil their obligations, as we see. Especially
does the factor Juan Saenz de Hegoen attend in a very Christian and
faithful manner, and very assiduously and carefully, to what is in his
charge. He shows his zeal for the service of your Majesty and for the
increase of your royal treasury. He is deserving of favor from your
Majesty. Inasmuch as others will inform you of this, we shall not
enlarge more on it, but beg from the Lord the life that we all wish
for your Majesty, even if it be taken from ours, for the welfare of
His church, the glory of the Lord, and the increase of the estates
of your Majesty. Manila, June the last, 1610.

_Fray Baltasar Fort_, [18] prior provincial.

_Fray Francisco Minayo_, [19] prior of St. Dominic, Manila.

_Fray Bernardo De Santo Catalina_,
commissary of the Holy Office.

_Memorandum, in order that his Majesty may see why it is not advisable
to have an Audiencia in the city of Manila._

Many great disadvantages result from having an Audiencia in the
Philipinas Islands. Only those that appear to be the worst are
mentioned.

1st. As to the first, it has been seen by experience that, since the
arrival of the royal Audiencia, many more suits occur than before. The
jails are full of prisoners; that of Manila contains usually more
than one hundred prisoners. Some of them are there for a considerable
time, even for many years, because the auditors do not attend to their
duty. A Sangley infidel of those imprisoned during the war was seven
full years in prison. After that, for want of galley criminals, he
was placed in the galleys, while his case was being investigated. He
was one of those who afterward mutinied in the galley, and killed the
captain, after which he and his companions went to China. There is
at present an Indian woman of La Panpanga imprisoned in the Manila
prison. She was incarcerated there when a girl, for she was said to
have been accomplice in a murder. She has grown up in the prison, and
is now a woman in years; and her case is still to be investigated. In
conclusion, it is an open fact that those imprisoned at the order of
the governor or alcaldes are generally let out of prison quickly,
and their affairs are soon concluded. But those imprisoned by the
royal Audiencia either have no hope of leaving, or else they leave
the prison only after a long period.

2d. _Item_: That the said royal Audiencia not only is useless in
these islands, but a signal harm to, and destroyer of the peace and
quiet of the natives of the islands, because of the Indians' method
of procedure and their characteristics. These are quite different
from the characteristics of the Spaniards, for when the Indians have
quarrels and disputes, they do not come to knife-thrusts or blows,
but present false testimony. For this the royal Audiencia's method
of procedure is very suitable. When an Indian is accused by a false
witness whom they present, the Audiencia immediately have the accused
man arrested and thrust into prison, which is the end desired by his
opponent in order to avenge himself; for he knows quite well that the
prisoner has entered the prison not for a few days or months. If the
accuser wishes to proceed with his investigation, he presents more
witnesses and proves whatever he desires. He can find witnesses for
anything, as the Indian's nature is as facile in swearing falsehood
as truth. Cases like this are actually seen daily. In grave matters
the innocent and guiltless are punished and condemned to the galleys,
while the guilty and deceivers are left free and unpunished. The
ministers of the gospel, who know the truth of the matter, and how
things are tending, seeing that those punished blaspheme the name
of God--saying that those who condemn them are Christians and men
placed there in the stead of the king to administer justice, but who
administer injustice--the religious, then, incited by their zeal for
the honor of God, inform the judges. That the truth may be known,
they go to give information of what they know. The judges answer that
they have to judge _juxta allegata et probata_, without proceeding
to inquire of the nature of the witnesses. Consequently instead
of administering justice they administer injustice. They condemn
the innocent, and allow the criminals to go free. False testimonies
continue to increase. False witnesses have no fear of justice. Finally,
the Indians declare that they punished like crimes better when they
were infidels, while the Sangley infidels assert that their law is
better, for justice proceeds rigorously to punish false witnesses,
which is not done by the royal Audiencia.

3d. _Item_: The said royal Audiencia is the cause of the perversion of
distributive justice. Dignities and offices are given to the unworthy
and undeserving, thus causing those who have served his Majesty to
complain. [20] For the appointive offices and offices of dignity,
both of war and of the districts of alcaldes-mayor, are given to
the brothers, sons, or relatives of the said auditors. These are men
without experience or merit. As a manifest and evident proof of this,
it is not necessary to refer to the events of past years, but only to
what is now current in this city of Manila. There are five companies of
foot-soldiers. Don Pedro de Almacan, son of Auditor Almacan, a youth
of tender years, and inexperienced in military affairs, is captain
of one company. Don Juan de la Vega, son of Auditor Vega, likewise a
person of tender years, has another company. Captain Madrid, brother of
Auditor Madrid--who has been in this country but one year, and before
coming here was only a common soldier--has a third company. I do not
mention many others--alferezes and sergeants who are immature boys--at
whom all laugh, and who would better be in school than occupying
such offices. They are the ridicule and plaything of the soldiers;
for the latter see in them no other valor or sufficiency than to
be relatives of the auditors or fiscal. The same is true of other
honorable and advantageous posts. Mateo de Heredia is alcalde-mayor
of La Pampanga. He is the son-in-law of Licentiate Almacan, and that
office is the best appointment in this country. To be chief guard
of the parian of the Sangleys is a position that needs especially
qualified persons, and those who have served his Majesty for many
years. For six or seven years it has been held by Diego Sanchez, a
common person, who is married to a mestizo woman of Nueva Espana. He
has no greater merit therein than to be the brother-in-law of Auditor
Alcaraz. The same is true of other provisions.

4th. _Item_: That if any person connected with any of the auditors
commits a crime or crimes, such a one is not brought to justice for it,
however grave and enormous his crime. This very year a very grave case
has happened in this city, in the person of a son of Auditor Vega,
who committed adultery with a woman married to an inhabitant of this
city, an honorable man, and of a good family. The woman betook herself
to a convent; and the adulterer fled. The aggrieved man begged justice
of the governor and the Audiencia. The said Auditor Vega not only did
not do his duty as judge, but defended his son with unfurled banners,
to his own great infamy and censure as a person whom his Majesty
maintains, to administer justice. The preachers have denounced him in
the pulpits, demanding that justice be done. The people are exceedingly
scandalized at so grave a matter remaining unpunished, only because the
criminal is the son of an auditor. Not only do they not punish him,
but the said adulterer was even made captain of infantry in the war
with the Dutch, to the great offense of all. That appeared so unjust
that a grave religious, who was going to the said war, said that
he feared the wrath of God, and that the enemy would be victorious,
because of so mischievous a man going on our side, who had offended God
so deeply. Yet he was not punished, for the sole reason of being the
son of an auditor, and because his father defended him so earnestly.

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