John F. Runciman - "Richard Wagner"

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William Curtis - "The Botanical Magazine, Vol. I"

Various - The Philippine Islands, 1493 to 1898: Volume XXII, 1625 to 29

V >> Various >> The Philippine Islands, 1493 to 1898: Volume XXII, 1625 to 29




Concerning the other appointments that may be made, I will send a
report during the coming year, in the same manner as your Majesty
orders me. May God our Lord protect you many years, with the addition
of greater kingdoms and seigniories, according to the needs of
Christendom. At the port of Cavite, on the second day of the month
of August of the year one thousand six hundred and twenty-eight.

In the ships which have just arrived from Nueva Spana in these islands
there came a royal decree by which your Majesty was pleased to confirm
and approve the grant which Governor Don Alonso Faxardo made to these
islands, while he was governor, to Don Luis Faxardo, his brother, on
the first of April of the former year one thousand six hundred and
twenty-one, giving him the encomienda of natives at Bombon and its
dependencies, in the province of Balayan, which contains two thousand
seven hundred and twenty-five tributarios. For this within four years
he was to secure a confirmation from your Majesty, as appeared from
the royal decree under date of the tenth of September of one thousand
six hundred and twenty-six, countersigned by the secretary Don Fernando
Ruiz de Contreras--which decided me not to proceed to the execution of
this without first informing your Majesty as to what has passed in this
matter, and the state in which affairs are at present. I found, Sire,
when I arrived in these islands and undertook the government thereof
in the said year of one thousand six hundred and twenty-six, that the
said encomienda was vacated, and declared so by Governor Don Fernando
de Silva, because the said Don Luis Faxardo had not secured the said
confirmation from your Majesty within the designated period. During
the vacancy, the proceeds of the products and the profits were placed
in the royal treasury. This encomienda had two thousand five hundred
and seven tributarios, which, as they appeared to me to be a large
number, I divided. I made a grant thereof in the name of your Majesty,
according to law, as being vacant, to two persons of considerable rank,
ability, merits, and services. One of these is general Don Antonio
de Leoz, to whom I gave one thousand six hundred tributarios thereof,
as I knew that he had served your Majesty for twenty-four years past,
both in the kingdom of Napoles and in these islands--whither he
came from that kingdom with Governor Don Juan de Silva, as alferez
of the company. Afterward he was made captain, and served in this
camp with other offices, being present when occasion arose. He has
always acquitted himself well of what was entrusted to him, as will
appear by his papers and commission--which I have despatched to him;
and which I understand should already be in that court to petition
for and secure the confirmation, according to the command. He is
married to Dona Juana Gallinato, legitimate daughter and sole heir
of Master-of-camp Juan Xuarez Gallinato, who died in these islands in
your Majesty's service, being a person of many services. I charged him
with a pension, from the said tributarios, of one hundred and fifty
pesos, which he each year gives and pays to Dona Beatriz Cornexo de
Tapia--a widow, who had been the wife of Doctor Juan Manuel de La
Vega, formerly auditor of the royal Audiencia and of these islands;
for she was very poor and was suffering need. In consideration of
making this grant Dona Juana Gallinato resigned one thousand two
hundred tributarios, which she held as an encomienda for a second
life, so that these might be assigned to other persons. The other
nine hundred and seven tributarios remaining I assigned to General
Don Juan de Arcarasso, likewise a person of great ability and merit,
and many services. He has served your Majesty for thirty-four years
past in those lands of Europa, in the royal fleet and elsewhere,
as well as in these islands--where he came as captain of a company
of Spanish infantry, which came with the reenforcements of the year
six hundred and fourteen. He has held and served in other charges
and honorable offices, being present when occasion arose. Thus far
and ever he has acquitted himself very well, as will appear more
at length by his paper and the commission which I sent him--which
should already be in that court to secure the confirmation of the
said encomienda. They are likewise recounted in a clause of a letter
which I despatched to your Majesty in the past year of one thousand
six hundred and twenty-seven, with the report concerning encomiendas
and offices. I made these two grants on the eleventh of December one
thousand six hundred and twenty-six, and issued decrees for them,
having fulfilled all the requirements which are ordered by the royal
decrees. I beseech your Majesty to have examined the matter referred
to, and the said encomienda considered vacant and so declared, in
conformity to the royal decrees which treat of this matter; and as
such to have the appointment given to the said two worthy persons,
who are in possession thereof by a just title. Above all, I beseech
you to command that it be your pleasure that this be observed and
complied with; and in the meantime I shall make no change, because it
appears to me that I acted justly, and that it is expedient for the
service of your Majesty. Dated _ut supra_. Sire, the humble vassal
of your Majesty.

_Don Juan Nino de Tavora_

[_Endorsed_: "Examined; have it joined with the others on this
matter." "In the Council, October 9, 630."]






LETTERS TO FELIPE IV FROM GOVERNOR TAVORA


_Doubts in judicial matters_



Sire:

1. Problems in regard to matters of justice are continually arising,
of which to inform your Majesty, in order that you may have the
advisable decision made therein, and so that the dissensions that
are wont to arise here from such doubts may be avoided. In regard to
the Spaniards and inhabitants of these islands, but one problem has
arisen--namely, when an encomendero marries an encomendera, whether
they may both retain encomiendas; or whether, after choosing the one
that they may esteem better, the other should he vacated. The practice
of these islands is that one of the two encomiendas is vacated. In
virtue of that, your Majesty's fiscal is at present petitioning
before the royal Audiencia for the revenues of a certain encomienda
given to a citizen. The auditors cannot find any order or decree from
your Majesty, by which this is ordered. Consequently, there is not
sufficient justification to declare judgment in favor of the fiscal. It
will be advisable for your Majesty to declare it; and to my mind,
in considering the fact that the encomiendas are few in number, it
would be advisable that there be no change in the practice--namely,
that by the very fact of an encomendero marrying an encomendera,
they choose that encomienda from the two which they consider better;
and that they leave the other, so that it may be regarded as belonging
to another citizen. [_In the margin_: "Observe the decree in regard
to this matter."] [_Note:_ "In this despatch arose the doubt that is
written on a separate piece of paper enclosed with this letter. There
it is decreed what must be executed."]

2. In regard to the native Indians of these islands, I last year
represented to your Majesty that it would be advisable to have
judgments in their suits not rendered in the Audiencia, but by the
government, by having one or two advocates or salaried men for that
purpose, as is done in Nueva Espana, inasmuch as the same reasons
exist here. I trust that your Majesty will have it considered, and
answer in accordance with your pleasure.

3. The most usual doubts have been in regard to the Chinese or
Sangleys who reside in these islands. An edict was published, at
the instance of the inhabitants, in regard to the measures, quality,
and prices of lumber, tile, brick, and other materials, in order to
avoid the frauds and illegalities which were being introduced into this
region, to the great damage of this community. The edict was published
under the auspices of the government, and its execution was charged
upon the alcaldes-in-ordinary. A few days after that a denunciation
was made; but, when the alcalde tried to enforce the penalty, the
Sangleys appealed to the royal Audiencia. The matter seemed a knotty
one to me, because the edict was notoriously a government measure,
and it was not advisable for its proper execution that the Sangleys
be allowed such delays. I considered it best to advise the auditors
of this, quoting to them the royal decrees, which ruled that they
should not mix in matters of government. They, desiring to extend
their jurisdiction, claimed that the trial of that appeal belonged
to them, as well as the decision whether the penalty of the edict
was excessive or not. I ordered the lawyers to be consulted, and all
those here gave their opinion in writing, namely, that the Audiencia
had no right to try such causes. Consequently, after having seen your
Majesty's decree of November 4, 1606, given to Don Pedro de Acuna,
in which is stated the method that must be followed in such doubts,
I resolved to order that the Audiencia should not try such appeal
until your Majesty, after having been informed of the matter, should
rule otherwise. [_In the margin_: "Have the fiscal examine it." "It
was taken to him." "Answered on a separate paper."]

4. Almost similar was another question that arose a few days after,
when some Chinese merchants had been condemned, by the judge who visits
the Chinese ships, to pay the penalty which they had incurred because
of not having brought the ammunition and stores for your Majesty's
magazines which were ordered from them since the time of Don Juan de
Silva. They appealed to the royal Audiencia, who ordered the judge to
come to report on the matter. It seemed to me that the same argument
ruled in that as in the preceding case, and even more closely, as it
was a matter of war. However, I had the lawyers consulted again. They
decided that it was a military matter, and that it did not belong to
the royal Audiencia. Consequently, I ordered that they do nothing
further in the matter until your Majesty should be informed. [_In
the margin_: "Have the fiscal examine this also." "It was taken to
him." "Answered on a separate paper."]

5. Another appeal has also come in these last few days to the royal
Audiencia from the governor of the Sangleys themselves. He is a person
appointed to govern them in their own manner, and to take charge of the
suits that are brought before him, written in the Chinese characters,
and according, to their custom. And although I did not think that
such appeals should be listened to, and gave my reason therefor, still
the auditors persisted in endeavoring to try this case. In order not
to irritate them, I have overlooked the matter, as it seemed to me
that they could act in this case with less evil consequences than
in the others. I advise your Majesty of it, petitioning you that it
may be to your royal service to have the Audiencia notified as to
what regulations cover not only the governmental and military suits,
but also those of justice, touching the Chinese or Sangleys. For this
some arguments occur to me, which I shall represent to your Majesty,
in order to say at one time what I believe in this matter. [_In the
margin_: "Take this to the fiscal also." "It was taken." "Answered
on a separate paper."]

6. The Chinese, Sire, who live in these islands are almost all
infidels. Their god is silver, and their religion the various ways
that they have of gaining it. Their nature is cowardly; and those who
come to this country have so little character that, as they are not
entitled to anything among their own countrymen, they come to get their
livelihood among us, serving in the most menial trades. They engage in
suits and disputes very readily, in which they threaten one another;
and each day they arm themselves for their sinister ends. They have
innumerable methods of hiding the truth. They furnish as many false
witnesses as they choose, for, as they are infidels, they do not fear
God; and as they are so greedy for money, they swear [falsely], and
even sell their own parents. Their names and occupations are changed
in every step, although for this there may be no better reason or
argument than their own ideas. They are many strangers, coming and
going. Every year some go and others come, and consequently, the
uncertainty and confusion is unavoidable. They are as freehanded in
their bribes as interested in their gains. As they have control of all
the merchandise, trading, gains, and mechanical trades of the country,
their extreme readiness to scatter bribes is remarkable. There is no
Spaniard, secular or religious, who obtains his food, clothing, or
shoes, except through them. Consequently, there is scarce a Sangley
who does not have his protector. Among themselves they have great
system and energy in all those of one trade acting together in all
matters that affect them. They guard one another against the Spaniard
to such an extent that, if I wish to change my shoemaker, I will not
be able to find among all those engaged in that occupation another who
will sell me a shoe. If anyone would dare to do so, the others upon
his return to China would bring suit before their mandarins, and thus
they would destroy him and all his relatives. [_In the margin_: "Take
it to the fiscal." "It was taken." "Answered on a separate paper."]

7. Therefore, since those of this nation are infidels and of so mean
a condition, one can easily infer that to attempt to govern them
with the method, rigor, and terms of our laws and regulations is
the highest injustice and a great abuse. The usual method of judging
them in their country is by a summary and verbal investigation, and
an immediate punishment with the bamboo. The latter is the strap or
whip which the mandarins always carry with them, as any superior is
allowed to flog his inferior, without other justification or authority
than that of his own plain reason. By that method is attained greater
respect and obedience than in any other nation. We do not have less
need for them to fear us and to obey our edicts, since they are our
feet and hands for all that arises for the service of the community
and that of your Majesty. But we shall never obtain that obedience
and respect, unless we conform (as far as the Christian religion
allows) to the methods practiced by their mandarins in commanding
them. This consists in having them punished instantly by the nearest
justices whenever they are found in disobedience or fraud--namely,
their governor and the alcaldes-in-ordinary--without giving them any
opportunity to go from one tribunal to another, or to drag them from
one prison to another. In that they are the greater losers, as their
property is wasted among the constables, attorneys, and notaries,
all of whom are doing their best to skin [_pelar_] them. At the end,
and in the long run, the truth is not laid bare, nor is the service
of your Majesty accomplished. The Sangleys have so many methods of
placing private persons, both religious and laymen, under obligation,
by services and by presents, that when anything is ordered for
them which does not suit them--even though it be for your Majesty's
service, or very necessary for the common welfare--they manage to
prevent the execution of it by a thousand methods, of favors and
negotiations. Therefore, if in addition to all the above, the door
of appeal to the royal Audiencia be opened to them from what is
ordered for them, well can one see that justice itself will become
the obstacle of what it should be the support. [_In the margin_:
"And this." "It was taken." "Reply in a separate section."]

8. I have desired to represent all the above, so that your Majesty may
be pleased to order the royal Audiencia not to meddle in the affairs of
the Sangleys, whether they concern government, or war, or justice. For
if it has been advisable to order that--as is ordered in Nueva Espana
(and the same is petitioned here)--the Audiencia do not meddle with
the suits of the Indians, it will be much more advisable to observe
the same in regard to the Sangleys, for the above stated reasons.

9. Likewise I have been advised that it is necessary for many
matters, both of grace and of justice, that it be declared whether
the governor of these islands possesses your Majesty's authority in
his government and district; and whether he represents your royal
person with the privilege of alternates which the viceroys possess
in their districts. Although one would believe that it must be so by
law, since the person of the governor is that which is here in your
Majesty's name, and the so great distance to that court dictates how
necessary it is in many cases that the governors have the authority
of doing what your Majesty would do if present, with the obligation
of reporting it to your Majesty; still in certain cases of grace and
justice that have arisen since my arrival at these islands, the lawyers
have declared that this was not plainly stated; and, consequently,
I propose them to your Majesty. [_In the margin_: "Let him observe the
tenor of his warrant, and the decrees and orders given regarding it."]

10. Likewise it would be necessary that the same courtesy be ordered to
be shown to the governors of the Filipinas Islands as to the viceroys
in Nueva Espana, since in regard to them there are also here the same
reasons and advisability for doing so. By this some little matters
that have caused me innovations would be avoided. Although I pass
these over, it might be that in the time of my successors they would
cause some opposition. Such are for instance, that the auditors, do
not permit the governor's wife to go to the church with her husband
when the assembly goes there in a body; and that the preachers do not
salute the governor with words, as it is the custom to do in all the
kingdoms to the person who has the authority of representing that of
your Majesty. [_In the margin_: "Let the custom be followed."]

11. This very day a case occurred while in the hall of the public
assembly, which I have thought best to refer to your Majesty. It was
in regard to a decision that I gave, apropos of one of the parties,
for the royal Audiencia. The secretary having come to sign the decision
that the Audiencia gave in approbation of the one that I had given,
called me in the record of the decision "the lord governor." One of
the auditors thought that that should not be the manner of naming
me in decisions; and chided the secretary before me, saying that he
was doing it to flatter me, and other things of like purport. The
secretary defended himself, saying that that was the style that he
had always used, and to prove it showed other decisions where not
only my person is named as "lord," but also those of the auditors. I
asked the others who were present for their opinion, and they replied
that it was very proper that the Audiencia should exercise that
courtesy toward the governor and captain-general of these islands;
and with greater reason, since he was their president, they were not
to treat him the same as an alcalde-in-ordinary. Thereupon I ordered
the secretary to do the same as heretofore, until your Majesty should
be pleased to order differently. I petition your Majesty to be pleased
to give the auditors to understand the estimation that it may please
you to have for the person of your governor and captain-general;
for this matter is not at all understood here. That is the reason
why the governors have always been at odds with the Audiencia. I am
not at odds with them, nor will I be, for I am the one who suffers,
and I shall suffer it, since I am under greater obligations than
they. I petition that what your Majesty may be pleased to order me
be expressed so clearly that they cannot give it any other meaning;
for this matter of interpreting your Majesty's decrees is done with
great ease in the Yndias, and truly rare are the decrees, if they touch
upon any controversy, in which it is not necessary for your Majesty
to declare them over again. [_In the margin_: "Let the custom be kept;
and in the records and decisions, let the governor be called 'lord.'"]

12. I am enclosing an official record with this letter in regard to
what is forbidden to the auditors touching the suits and appeals of the
Chinese or Sangleys--a caution that I am taking, as I have seen that
they are complaining confusedly to your Majesty that I am preventing
them from receiving suits as alcaldes of the court, not specifying
as clearly as is possible what those suits and appeals are. It is my
opinion that the Audiencia should not meddle with matters pertaining
to the Sangleys, for the reasons that I have given for it in this
despatch, and in that of the year past. Will your Majesty order what
is most advisable, being assured that experience has obliged me to
give the report that I submit. May our Lord preserve the Catholic and
royal person of your Majesty with the increase of new kingdoms, as
we your vassals desire, and as we need. Manila, August 4, 1628. Your
Majesty's humble vassal,


_Don Juan Nino de Tavora_

[_In the margin_: "Let the fiscal see it." "It was taken to
him." "Answered on a separate paper."]


_Affairs of the treasury_



Sire:

Since I have to give account in this letter to your Majesty of what
there is to tell in regard to your royal treasury, I shall begin it
by explaining some decrees that I received the past year, which were
despatched at the instance of the royal officials.

In the first decree, they complained that my predecessor, Don Alonso
Faxardo, did not allow them to exercise their duties in the port
of Cavite; and that he had appointed as lieutenant of the governor
and captain-general, Don Andres Perez Franco, castellan of those
forts. Your Majesty orders that they be allowed to perform their
duties, and that commissaries be not appointed for what pertains
to them. They will not conduct those suits with him; for, although
I retain Don Andres Perez Franco in Cavite, I have not given him
the title given him by Don Alonso--although he never used it, as
I am informed. The efficient collection and care of the revenues
of your Majesty belong to the royal officials; and with that power
they take part in all the equipping, building, and despatch of the
vessels. But the appointments of the officials of the vessels, and
all else touching government and war, have always been attended to by
the governors, who for this have maintained in Cavite a castellan,
commandant, and chief justice, of the abilities and experience of
Don Andres Perez Franco; so that, although I could rest, still I
have not been negligent, but have gone in person, on the occasions
for the equipment and building of vessels, every week to that port,
which is a very necessary thing. [_In the margin_: "Seen."]

In the second decree they informed your Majesty that the said my
predecessor did not accept the replies that were made to them in
accordance with the ordinances. I trust that there will be no fault
to find with me in this regard. However it is advisable to have it
well understood that it cannot be done and that it is not advisable,
because of the accidents that happen by observing the ordinances with
the strictness that some ministers demand at times. What is certain is,
that I shall never depart from what I consider to be for the greater
service of your Majesty. [_In the margin_: "Seen."]

In the third decree the royal officials petition for the suppression
of the rule that was introduced in the time of Don Juan de Silva,
by which the royal officials should not pay anyone without an order
from the governor. Your Majesty orders me to observe toward them
their rights and instructions. What is done in my time is that the
royal officials adjust the accounts and issue warrants; but they are
not paid without my order. The reason therefor is that, because this
government has not one-half the money necessary to meet expenses
and debts--as well as the support of the infantry, the building of
ships, the repair of the fleets that guard these coasts, relief for
the Malucas and the island of Hermosa and other presidios--besides
inevitable things, it is necessary that the governor, who is charged
with all this, know how much money there is in the treasury, and that
he divide it so that it may not fail for the most necessary things,
If he trusted to the royal officials in this, without having a private
book of the receipts and disbursements of the treasury (as I have),
when he imagined that there was money for the reenforcements of the
infantry and the despatch of the fleets he would find nothing. If the
treasury were supplied, there would be enough for all, and the royal
officials by justifying the payments would be fulfilling their duties;
but since there is not more money than for one-half of what is needed,
and since we live by the art of enchantment, it is necessary that the
royal officials do not pay whomever they wish, but what is most urgent
and inevitable for the preservation of these kingdoms. Accordingly,
the measures introduced in this regard during the term of Don Juan
de Silva were very commendable and necessary. As it was so necessary
a thing, persons of great experience advised me of it even before I
had taken over the government, and experience shows me that it cannot
be dispensed with. [_In the margin_: "Take it to the fiscal." "The
fiscal says that after having considered the reasons written by the
governor, the practice which the latter declares has been followed,
and is followed, namely, of not permitting the royal officials to make
any payments from the royal treasury without his advice and decree,
can be tolerated; for in such cases the other viceroys and governors
are wont to provide the same, notwithstanding that it is ordered that
they allow the royal officials to perform their duties freely. Madrid,
November 19, 1630." "That for the present, the plan now followed in
this be observed, and note shall be taken that the payments made be
with all justification."]

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