The Philippine Islands, 1493-1898 — Volume 22 of 55 / 1625-29 / Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century.

by Unknown

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 España, 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 Acuña, 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 España (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 España, 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 Niño 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 reënforcements 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.”]

The fourth decree is in regard to the collection of the licenses which are given to the Sangleys allowing them to remain in the islands, that this shall be made by the royal officials, and the proceeds from it punctually deposited in the royal treasury, without its being given, under any consideration, into the possession of another person. What I have to say in this particular is that, although since my arrival at these islands that money has always been deposited with the judge of the licenses, it was always delivered every week and month to the royal officials. The collection has been so well attended to that, although there were the same number of Sangleys in the time of Don Alonso Faxardo, during the interim of the Audiencia, and that of Don Fernando de Silva, when the most that was collected was eight thousand pesos, during these last two years it amounted one year to ninety-eight thousand pesos, and the other to ninety-five thousand. Besides this, when at the last everything was exhausted, old notes were presented; and during these last two years about twenty thousand pesos were paid. Now although the royal officials have no time so that they can take part in this collection—as it is different from all other collections that are made, and one has to keep at it all day—I have ordered them by an act, in accordance with the decree of your Majesty, that it be done in a room assigned for it, in order that it may be paid in these royal houses; and so that they may really collect in person the money which the judge whom I appoint (as I cannot attend to it), and the agents whom I hire, collect from the Sangleys who shall bring it to them. By that method your Majesty’s order will be accomplished. That is not its intention, but only to keep tab on the Sangleys, and on the profit that results from the licenses. This sum is distributed in official service, and is a matter of justice. Diligent toil is expended on this collection, and the Sangleys are sought in the hills and in a thousand places where they hide, in order not to pay. Only the authority of the governor, to whom your Majesty has assigned the giving of licenses allowing the Sangleys to remain in the country, can issue the licenses and order the collection, but no other person. Your Majesty may be assured that your service is performed with great affection and care; and that I am looking out for your royal revenues much more than for my own. For since I arrived in these islands considerable has been saved for your Majesty; as it will be seen by the accounts that what cost six in former years and did not gain any profit, today costs four and is profitable; and the profit is not lost, for it is carefully expended. I know that it will be impossible for the royal officials to collect personally; but they can authorize some one to collect and deposit the money in the royal treasury every night. By that means everything will be regulated, although they never remain satisfied, for they do not have the profits which they have desired. [In the margin: “Seen.”]

Another decree came by which your Majesty orders me to investigate the troubles which the royal Audiencia had represented as being due to the sale of the offices of the notaries for the provinces of these islands. I discussed the matter in an assembly of persons of considerable experience, both seculars and religious; and all were of the opinion that it was not advisable to sell the said offices, but that they should be filled by appointment, and changed annually along with the alcaldes-mayor. For besides that they are of very small profit to your Majesty, it is certain that if the said notaries were permanent, the said Indians would not dare to bring suits against them at the time of their residencia, which is taken each year when the alcaldes-mayor finish their office. Consequently, they come to be so tyrannical that they destroy the poor Indians. For that purpose, I had already resolved before the reception of the decree not to continue the sale of the said offices; and, when those which I found sold became vacant, not to resell them. Will your Majesty please consider this matter favorably, since what is most important for your royal service is that these afflicted natives be not injured by your agents. [In the margin: “Take it to the fiscal.” “The fiscal says that, notwithstanding what the governor writes in this section, these notaryships must be ordered to be sold, or at least one in the capital of each province. For while some troubles may result from this, those which are experienced daily in regulating the notaries who are called ‘appointed’ are greater. Consequently, general decrees are despatched ordering the suppression of this practice in all parts of the Yndias, although it has been carried out in but few, because the said governors refuse. He petitions that it be so provided and ordered, and justice done. Madrid, November 19, 1630.” “Let what is decreed be obeyed.” “Observe what is decreed, in accordance with what the fiscal says.”]

By the last decree concerning this matter of revenue, your Majesty orders me to investigate whether it would be advisable to make a new appraisement of the tribute which the Indians are ordered to pay in kind; and whether it will be advisable for the Indians not to be compelled to pay in kind, but in gold or silver, or in what they were able and willing to pay. What I can say to your Majesty about this is, that the present practice in these islands was introduced by order of Governor Don Pedro de Acuña, with the consent of the royal Audiencia and the ecclesiastical prelates, by which the natives pay four reals of their tribute in kind, and one fowl besides, and the rest in money. In regard to the quantity and kinds of products which had to be given for the said four reals, the appraisement was made according as the circumstances of each province required. After the religious and ministers who instruct the provinces had conferred among themselves, at the command of the said governor this was done, in the year 604. Since then times have changed, and the prices have been different. Accordingly, the quantity of rice or other products that the Indians are ordered to pay on account of the said four reals is too much in some provinces. Consequently, I think that your Majesty ought to order, with the assistance of another council that was called in the time of Don Pedro de Acuña that the matter be again conferred over, and decision made whether it is advisable to make a new appraisement; and that, if that be found desirable, it be done at once. But in regard to leaving it to the Indians whether they will or will not pay the said four reals in kind, besides the fowl, in no consideration am I of the opinion that that should be left to their choice; for the natives are generally so inclined to laziness that they do not sow or cultivate the lands, unless forced to do so by the obligation of paying the tribute in kind, as it is assigned in accordance with the different fruits and products of the many different provinces in these islands. It is seen in these provinces by experience that the obligation of sowing in order to pay their tribute is what keeps them supplied with all kinds of food. These considerations occur to me in regard to this decree, and to the others that I received the past year concerning this matter. [In the margin: “Take it to the fiscal.” “The fiscal says that he agrees with what the governor writes in this section, and he is certain that it is advisable for the Indians to pay a portion of their taxes in kind; for, in any other way, they would not have the care that is advisable in rearing and planting. Madrid, November 19, 1630.” “Observe what the fiscal says.”]

Coming now to the special consideration of the revenues of this year, the receipts have been less than ever. One hundred and eighty thousand pesos came from Nueva España. The licenses will have amounted to ninety thousand; and the other revenues—duties, situados, moneys from vacant offices, and balances of accounts—to another fifty thousand, including in this twenty thousand that the procurators of the city of Macan gave as aid in the voyage which the galleons made in convoy of their galliots. In all it does not amount to more than three hundred and fifty thousand pesos. The expenses are more than five hundred thousand pesos; but they have been greater [than in other years], for besides the stipends of this holy church, the salaries of the royal Audiencia and other officials, the pay of the infantry of this camp and the presidios, the aid for Terrenate and the island of Hermosa, the naval storehouse at Cavite, and other ordinary expenses, many extraordinary ones have arisen. These include the fleet, the voyage of the galleons, and the embassy to China; the construction of three galleons, four brigantines, and one galleon which is being built—together with more than seven thousand pesos that the governor of Terrenate bought in food and clothing, in order to supply the lack of those which were in the flagship which was lost; and also the unavoidable expenses of this government, although the infantry have not received their entire pay. Your Majesty can easily see how we shall have passed this year. The relief has been mostly through the large contributions by which I am exhausting the inhabitants; by loans; by neglecting to collect many salaries; and by sending more than one-half of the camp on ships through those seas for eight months, in order to save the effective succor which it was necessary to give them while ashore. Consequently, I find myself owing, in loans and debts contracted in this year, to the amount of one hundred and fifty thousand pesos. That sum must be paid on the arrival of the succor from Nueva España. If that succor is as short as it was last year, it will mean to drive us out by the gates, and render it impossible for this government to do anything for its increase and the service of your Majesty. [In the margin: “Seen.”]

Nothing has placed the states of Flandes and those wars in greater stress than the mutinies. Your Majesty has a large body of infantry in these islands; and although it is in the Yndias, where it seems to those in España that everything is in superabundance, that is a delusion; for the soldiers experience much misery and hardships, and see only a scanty relief, and every year a large amount of pay remains still due to them. All the remote presidios suffer, and in Terrenate the soldiers desert to the enemy. I humbly entreat your Majesty to consider these reasons, and have the viceroys of Nueva España strictly ordered to send us what is asked from them. For in no other way will they succor these islands, as is advisable; nor do they, in other things, provide anyone to whom can be entrusted the assaying [of metals]. Some persons have done this, but have not had the certainty that was desired. I trust in God that He will help me to attain some success. I shall not desist from the effort—and that, be it understood, without expense to your Majesty. I have some ores in my house again, which I am assaying—mainly because I have no one who understands it thoroughly—although I am proceeding almost blindly. [In the margin: “Seen.”]

After having written this, news came of the arrival of the ships of this year, and a report of the succor that is sent in it, namely, 250,000 pesos in reals. The treasury now owes 150,000 pesos to the citizens for loans, and for food which has been taken from the natives on credit, for the expenses of this year. We cannot neglect to pay any part of that sum as soon as the ships reach port, in order not to lose credit with the inhabitants and natives, who are the ones who support us most. Taking then 150,000 pesos from the 250,000 that come, only 100,000 remain to be deposited in the treasury for the expenses of this year. Last year, when the succor arrived there was nothing owing for loans or food. In the matter of expenses I have been so moderate that I have not paid the salaries of the government employees, nor the debts of any of the back years. I have kept the infantry on ships for the space of eight months, in order to save the succor and actual cash that would have to be given them if they were ashore. Yet at the end of the year the treasury has been found pledged to the extent of the said 150,000 pesos. Since at least 80,000 pesos in reals are to be expended from the treasury this year in relief expeditions, and since we can not fail to have the expenses of last year, I find that in the coming July of 629, when the ships which I am now despatching arrive (if God be pleased to bring them back safely), we will owe 250,000 pesos in loans and food. That will be all the succor that I can count upon as being ordered to be sent me. Neither of those can I get here in this country, for the loan is a grievous burden on the inhabitants. My rigor cannot be greater than that of the present year. And, even did I secure these supplies, we shall be ruined none the less on that account in the following year, since at the time of the arrival of the succor, we shall be owing it all. [In the margin: “Seen.”]

The ordinary expense of these islands, if the infantry are given the full amount of their pay, is seven hundred and fifty thousand pesos per year, at appears from the reports of accounts that I am now sending. The unavoidable expense of necessary aid, factories, salaries, and stipends, amounts to 550,000 pesos. What these islands produce from year to year, in money which can be deposited in the treasury, as an aid to the ordinary expenses, amounts to 150,000 pesos. That leaves 400,000 pesos, which must be sent in reals every year from Nueva España. That should be by way of a gift or consignment (as your Majesty does in other places of less importance and danger than these); and it should not remain at the will of the viceroys of Nueva España whether they will send the money or not—even if they have to get it by loans. And even if this be ordered in the manner in which I request, the treasury will still remain under the obligations and shortage in which it will have been involved all these current years. With good administration and better intelligence—and every day I am trying to further the increase of the royal possessions—I hope that this will be retrieved. For if we have the means necessary to maintain the fleets in activity, we shall endeavor therewith to retrieve most of our arrears. But if the necessary funds be not given, we must necessarily lose what is now sent, which will be of no advantage when our fleet is rendered useless for lack of what is needed. [In the margin: “Seen.”]

I am very sure that your Majesty will have heard by different ways of my care in watching your royal treasury, and the change that has taken place in it, and the reform in the expenses since my arrival in this government. But I feel obliged humbly to petition your Majesty to be pleased to withdraw me from it in case that there is no opportunity of succoring it, as I petition; for I am very certain of the rapidity with which it is hastening to its final destruction, and it is not proper that a possession of so great importance for the Roman church and the crown of your Majesty be lost in the hands of persons of my character and desires. May our Lord preserve the Catholic and royal person of your Majesty, with the increase and prosperity which we your vassals desire and as we need. Manila, August 4, 1628.

Just now has been brought to me what this royal Audiencia writes to your Majesty, all complaining that the thirds of their salaries are not paid to them with the promptness that is ordered; that sometimes two or three thirds are owing to them; and that the cause of this is the annoyance and trouble brought about by the governors ordering that they be not paid without their special order. What has been done in this matter during my term will be seen by the testimony that I enclose with the present letter. It would be a strong case if there were any money in the royal treasury, in view of the shortness of the succors as the ships cannot be expected for the last third, that of April. The same measure has been taken this year with all the officials in general, as well as to myself. The treasury owes me ten thousand pesos, and to the citizens a great sum in loans, for since the needs of the treasury are so pressing, we all must feel it. The ships have arrived late, and order has been given to pay immediately the third that is due. What remains to be paid will be paid by the end of this month, when it will be due. Thus have we been doing hitherto, and there has been no delay in any third, unless for two or three days that are spent in making out the vouchers and giving the decree or order—without which nothing is paid, for the reason that I gave above in the third section of this letter. This appears a vexation to the Audiencia. May God preserve the Catholic and royal person of your Majesty, as Christendom needs. Manila, August 4, 1628. Sire, the humble vassal of your Majesty,

Don Juan Niño de Tavora

[In the margin: “Take it to the fiscal.” “The fiscal says that in regard to the governor taking charge of the payments that are to be made in the royal treasury, he refers to what he has said in another section of this letter. In regard to his holding back the thirds of the salaries of the auditors, it must be ordered that that be not done unless it is rendered necessary by a very urgent occasion. Madrid, November 19, 1630.” “Let him see that their salaries are not withheld from the auditors, preferring them to all the other payments that shall be made.”]

Governmental affairs

Sire:

What occurs to me, of which to write your Majesty concerning this government, in addition to the matters of justice, revenue, and war (of which I am writing in separate letters), is, first, of the peace and quiet that has been enjoyed in this community. All the tribunals maintain peace among themselves, and act with great harmony and unanimity. And although a few occasions and controversies do not fail to arise in the course of the year in all of the tribunals, I endeavor to lean toward that which is of most importance to us, namely, peace. [In the margin: “Seen.”]

The city has been beautified by the building of a bridge which was desired for a long time; and, although it had been regarded as almost impossible, we now see it in such condition that we can cross by it within two months. Then we shall be able to attend to the conducting of the water or fountain with which your Majesty so earnestly charged me. In this and other buildings, I exert myself very willingly. If the inhabitants were in so easy circumstances that taxes could be imposed on their possessions to carry this construction forward, there would be much more work, [In the margin: “Seen.”]

One night in the month of January, fire was carelessly set (as far as could be learned) in the Parián of the Sangleys or Chinese who live close to the walls of this city. All the buildings were of wood and straw; and consequently, although we went to the rescue as quickly and energetically as possible, the fire could not be extinguished. I viewed the fire from the guard-house itself, which looks out on the Parián, in order to prevent the movements that the Chinese might attempt under such circumstances. The master-of-camp, Don Lorenço Olaco, entered the Parián itself, and by his timely efforts, and through God’s help, he saved the convent and church of the fathers of St. Dominic, who have charge of the Chinese. The latter, being infidels, were not a little surprised at seeing only the convent and house of the fathers escape so great a fire. Almost all the Parián has been rebuilt, with much better outlines and edifices than before, and that to such an extent that this city is beautified by buildings so fine. [In the margin: “Seen.”]

There have also been other fires this year. One was in the city of Cibu, where the convents of the calced and discalced religious of St. Augustine were burned, together with some houses of the most influential inhabitants. Another was in the city of [Nuestra Señora] del Rosario de Terrenate, where the convent of St. Francis and the royal hospital were burned, together with a considerable portion of the native village. The edifices in these regions are generally of wood or bamboo, and the roofs of straw. Consequently, they are very liable to such disasters. Now edifices of stone are being introduced, roofed with tile or brick, and therefore these troubles are being averted. [In the margin: “Seen.”]

The year has been a productive one for rice, which is the wheat of this country. We are experiencing the great blessing that will result from the cultivated farms that have recently commenced to be established by the Spaniards. They are cultivated by the Chinese, who are excellent farmers. I am encouraging it to the best of my ability, as I believe this is the shortest road to provide this city with plenty of food.

In regard to the trade and commerce of silks and other products of China, in which consists all the substance of the inhabitants of this community, certain straits will be experienced this year, because the returns from Nueva España have been very slight, and prices here are very high. Consequently, all the city has thought, with the general consent, that there should be no [record of] investment, or register, in the ships that are despatched this year to Nueva España for aid. Thus was I petitioned in the name of the whole city. I discussed it in the session with the auditors, and in a treasury meeting with those who attend that. All thought that what the city petitioned should be conceded, as it was well known that it would tend to its increase and profit, or to say better, to the restoration of this community. Your Majesty has much more interest in that than in the duties on the investment and register, which are of slight consideration to this treasury and to that of Mexico; while it is of great interest to all the monarchy that so much silver be not sent to China as was going every year from these kingdoms of your Majesty. Since your royal decrees make so much of the harm that would follow to those kingdoms and to all the monarchy from excesses in these regions, I do not doubt that the decision to set aside the [record of] investment for this year will be quite in accord with its welfare and to your Majesty’s pleasure. [In the margin: “Take it to the fiscal.” “The fiscal says that, in spite of the causes mentioned by the governor in this section of his letter, he has been notified from Mexico and various other places in regard to this particular; and that the ships were laden with merchandise of great value. Hence the omission of the register only served to defraud the royal duties. Consequently, the governor should be censured for his act and a greater demonstration [of displeasure] reserved for what should result from his inspection and residencia from Mexico, that being one of the matters referred to that city.” “Let the decision of the fiscal be followed; and advise the inspector of this, so that he may charge those who are guilty.”]

Not less attention has been paid to the government of the Indians and natives of these provinces. I found them greatly oppressed and harassed by the many burdens, assessments, and services that were imposed on them for the service of your Majesty and the support of the government employees and justices. In regard to this matter, I held several conferences with the ecclesiastical prelates, the regulars, and the seculars. At these were present your Majesty’s fiscal, the assessor of the government, and two encomenderos in the name of the others, and I conferred with them on the most important points. Later, with general consent, I made a new set of instructions and ordinances concerning the justices and encomenderos. By them was prohibited under heavy penalties whatever had been introduced that was harmful to the Indians. An attested copy of certain points was given to the superiors of the orders and to the ministers who are not regulars, of which it seemed best that they should be notified at the same meeting. They were strictly charged with the execution of those clauses; under penalty that if redress were not made by their own action, your Majesty will enforce it. And in order that some cooperation might be supplied on the part of your royal treasury to this general relief which we are trying to effect for the Indians, it was resolved, with the consent of the tribunal of the treasury, to pay the natives who serve in the naval storehouse, the rope-factory, and in the repairs of the ships of your Majesty, a moderate sum which seemed a just recompense for their labor. By that means, and without any remarkable cost to your Majesty (since other expenses were cut down), the villages were relieved of many thousands of ducados which they had to contribute (to their own ruin) every year for the just payment of the aforesaid services. Thus, adding to all this the efforts that, as I wrote in the letter on military affairs, have been made and are being undertaken in regard to their protection, I think everything possible will have been done this year for the just government and administration of these unfortunate natives. [In the margin: “Take it to the fiscal.” “The fiscal says that from what this section shows, the zeal and care of the governor in the welfare, protection, and instruction of those natives ought to be esteemed, and he ought to be ordered to go ahead. At present nothing else in particular can be answered or advised, because this letter does not contain the matters mentioned in it and said to have been given to the religious orders, etc.” “Advise him that the papers have not come, and that we are awaiting them, in order to decide as shall be most advisable.”]

Quite a number of meetings were also held in regard to the government of the Sangleys or Chinese, both those naturalized in the country and those who are transient—the traders and mechanics, who are very numerous. All that needed reform was discussed very deliberately, and is being carried out in accordance with the decisions of the other tribunals. However, we cannot help having a million difficulties in regard to all the matters concerning that nation, as we do not govern them after their own manner—as I state in greater detail to your Majesty in the letter on judicial matters, when discussing the manner in which I think those people should be governed. It is sure and certain that so long as there cannot be the remedy that I ask for in this matter, what is desired and expedient cannot be attained. [In the margin: “Seen; and have particular care in this.”]

The decrees, instructions, and ordinances sent to these islands, both to the governors and to other tribunals and officials, are the rule for the right government of the islands. Very many of them are missing—some being lost by carelessness, and others hidden through malice—and orders are not found for many things that would be necessary, while others, because they were carelessly drawn up, are, when placed in practice, overruled by saying that there was a decree for it. Consequently, desirous of the clarity required in so important a matter, I petition your Majesty to be pleased to have some folios of them printed and sent to this government. [In the margin: “For all the Council.” “Have a pamphlet printed of all these orders and send it to him, and for that purpose send Antonio de Leon to me.” “I have made an agreement with Don Fernando and Antonio de Leon.”]

A seminary for orphan boys is a work of great importance for this city, as there arc usually, in lands so remote, many who are unprotected and without parents or relatives. Your Majesty orders me by a royal decree to favor it, and to seek means by which to found it. Consequently, in accordance with the order, I granted an encomienda of five hundred tributes to one of the foremost inhabitants of this city, namely, Captain Pedro de Navarrete, on condition that he would give a pension of five thousand pesos in ready cash as revenue for the work of the said seminary. By that means was made good the deficiency in his services—which, although they have not been of moment in war affairs, still were sufficient for him to be granted an encomienda; and on condition of the five thousand pesos he was to be preferred to the others. I am awaiting another similar opportunity in order to get enough to be enabled to finish the work [on a building for them] The services of the fathers of the boys who are reared in this house make up for the deficiency of those who do not furnish services, but who can give like sums. By this means, I believe that the house will be established. But in order that it may have some fixed income, it will be necessary for your Majesty to be pleased to command me to give them one thousand five hundred or two thousand tributes that are vacant. With this the seminary will be placed in good condition, and can have a secular priest as rector to govern it, who will be chosen by the governors. Your Majesty will have the patronage of this boys’ seminary, as you have in that of the girls of Santa Potenciana—and at less cost, since all the expenses will be met from encomiendas—than if these had to be enjoyed by worthy men; but their sons will enjoy the encomiendas, since this seminary is founded in order to rear them. [In the margin: “[To be considered by] the whole Council. Take it to the fiscal.” “The fiscal says that he does not consider the means employed by the governor to get these five thousand pesos as good, for it really means selling the encomiendas, and giving them for prices to those who do not deserve them. It will result in the general affliction and discontent of the deserving. Consequently, in case that the sum given in this may be approved, the governor must be ordered that no others be given henceforth in like manner. He considers it as better and more suitable that the governor assign some encomiendas for the revenues and income of this seminary, to the quantity that shall be deemed advisable. Thus has it been, and is being, done with other like foundations in Peru and Nueva España. Madrid, December 5, 1630.” “That the encomienda given was well done, under the conditions that existed. For the support [of the said seminary], the governor shall continue to impose pensions on the encomiendas up to the sum of one thousand ducados, and shall advise us of what is done.”]

Since my arrival, I have had the care of the hospitals of this city, ordered to me by your Majesty in one of your royal decrees received this year. The hospitals are in charge of the discalced religious of St. Francis. I do not doubt that if there were some brothers of [St.] John of God here, they would administer them better; but I have not found them in these islands as yet. I am charging the fathers to look after them carefully, and I personally visit and aid the sick whenever my occupations admit; and I wish that that were often. [In the margin: “Thank him, and tell him to continue what he is doing, since it is not advisable to send any of those brothers at present.”]

I wrote at length my opinion in regard to the spiritual matters of the convents and orders, and at present nothing especial occurs 10 me of which to advise your Majesty. [In the margin: “Seen.”]

The characters of Juan Ruiz de Escalona, treasurer of the royal revenues of these islands, and of the accountant, Martin Ruiz de Salazar, are excellent. They attend to their duties with all punctuality and earnest zeal, which deserve from your Majesty the favor that all who comply with their obligations may hope from your royal hand. They are informing you of their especial petitions, and hence I shall not go into greater detail. [In the margin: “Let persons of these abilities be kept in mind.”]

The inspector who was assigned to this royal Audiencia has not come this year because of his lack of health, according to what he writes me. That is a pity, for it is important to the service of your Majesty that these islands be inspected. [But that should be done] with the mildness and prudence that is proper; for I do not consider it advisable to unearth old matters that now have no redress, and to investigate them will have no other result than to disturb this community. [In the margin: “That this is already provided.”]

This despatch is being made August 4, one day after the arrival at this port of the ships from Nueva España. Those ships spent just four months in a voyage that can be and usually is made in less than three, and after suffering innumerable storms and maladies—with the evident risk of leaving these islands without help, because they had not left Nueva España a fortnight earlier. Sire, this government, notwithstanding the strenuous efforts of him who may govern here, will be only, what the viceroys of Nueva España wish. If aid comes in time and is abundant (or at least sufficient), all goes well and affairs progress, for everything is obtained. If the aid comes late, and does not contain what is necessary, everything is lost and destroyed, as was pointed out more minutely to your Majesty in the letters of war and revenue. I petition you humbly that—although I have come to these islands so desirous of furthering their prosperity, but have found them tied down by undertakings and expenses greater than in the time of my predecessors—since I do not merit being aided as they were, or cannot be aided because of the inclemency of the weather, your Majesty will be pleased to use me in another place where the employment and attainment of my desires is not impossible through the lack of coöperation and outside aid. May God preserve the Catholic royal person of your Majesty with the increase that we, your vassals, desire, and which Christendom needs. Manila, August 4, 1628. Sire, your Majesty’s humble vassals,

Don Juan Niño de Tavora

[In the margin: “Seen. Have the viceroy charged to be very punctual in this.”]