The Philippine Islands, 1493-1898. Volume 17 of 55. Unknown

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 Miñayo,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.

      1

      The earliest compilation of laws regarding the Spanish colonies of Nueva España was made, by royal command, by Vasco de Puga (an auditor of the Audiencia of Mexico), and printed in 1563. Francisco de Toledo, viceroy of Peru from 1569 to 1581, prepared a code of ordinances for that country (see Markham’s Hist. Peru, pp. 149, 156–159, 538). In 1570, Felipe II ordered that a revised compilation of the laws and ordinances for the government of all the Indias be made. After many efforts and delays, this was accomplished in 1628, but the work was not printed until 1681. It is the fifth edition (i.e., reprint) of this compilation from which we obtain the laws presented in this document; it was printed in Madri

1

The earliest compilation of laws regarding the Spanish colonies of Nueva España was made, by royal command, by Vasco de Puga (an auditor of the Audiencia of Mexico), and printed in 1563. Francisco de Toledo, viceroy of Peru from 1569 to 1581, prepared a code of ordinances for that country (see Markham’s Hist. Peru, pp. 149, 156–159, 538). In 1570, Felipe II ordered that a revised compilation of the laws and ordinances

18

Baltasar Fort was a native of Moto in Valencia, though some say of Horcajo in the diocese of Tortosa. He studied Latin grammar at Villa de San Mateo. At Valencia he studied philosophy. He took his vows at the Dominican convent of San Esteban at Salamanca, May 2, 1586. After serving as prior and as master of novitiates in Aragonese convents, he went to Manila in 1602. Mart of his ministry there was passed in the province of Pangasinam. He served as prior of the Manila convent, and then as provincial, after which he was sent to Japan as vicar-provincial, whence he was exiled in 1614. He was definitor several times and once rector of the college of Santo Tomás, after which he was again prior of the Manila convent. He died in that convent without the last sacraments, October 18, 1640, being over seventy years of age.—See Reseña biográfica, part i, pp. 311, 312.

19

Francisco Minayo was a native of Arévalo. After arriving at the Philippines in 1598, he labored extensively in Cagayán, where his ministry had good results. He was accused of the sin against nature, but after arrest and trial was released. Later he was prior of the Manila convent, and after his three years’ term returned to Cagayán, where he died at Lallo-c, August 25, 1613. See Reseña biográfica, part i, pp. 302–303.