In reply to the first point they declared that his Majesty’s decree is no new law or order, but a declaration of the justice that the matter of the Indians has of itself, and a reply and resolution of the petitions and reports that have been made from here. It is the confirmation of another decree given for the same purpose by the emperor Carlos Fifth of blessed memory in the former year one thousand five hundred and thirty. He ordered therein that from the time of its date and thenceforth all the Indians yet discovered or to be discovered should not be allowed to become slaves however they might be acquired, whether in just war, or got or bought from the natives, although they should be held by the latter as legitimate slaves. Consequently, it is clear from the above that no fear or suspicion of any inconvenience or hardship is sufficient for the governor or any other person, on whom devolves the execution of the decree, to neglect the execution of it, or to declare the liberty which the Indians possess inherently, and which his Majesty declares and concedes. On the other hand he who shall do the contrary, besides the most grave sin that he will commit, will be obliged to restore immediately to the Indians all the service and wrongs that they shall have received in their persons, possessions, and honors. The former governors were in duty bound to have endeavored to free the slaves, although no new decrees were despatched by his Majesty, both because of the decree already issued and because of the manifest injustice that was being practiced toward one whom they were obliged to protect, defend, and give justice; for his Majesty has sent the governors to this land for the correction of those and other like injuries, and thereby relieves his conscience through them. In regard to what is feared from any troubles, it is not credible that they will follow to a people so loyal and obedient to their king, because they are ordered to obey him in a matter so just and so reasonable.
In reply to the second point, they declared that it is clearly inferred from the answer to the first article that the governor cannot conscientiously neglect to follow up the liberty of the said Indians, even though their masters appeal from the decree. For his Majesty has also been informed of this matter as appears from the old and new decrees, and from the general custom of all the other Yndias, in all of which nothing contrary has ever been allowed or any slave permitted. Hence, it is clear that the present petition is only a means to postpone and prolong the injustice. The judge on whom this matter devolves cannot in good conscience neglect to execute the decree and to further the liberty of the Indians, in spite of any petition or effort to the contrary.
In reply to the third point, they declared that the freedom of the Indians could not be deferred as it was a matter of natural and divine right and clear justice, just as he who has anything belonging to another is obliged instantly to restore it, as soon as he knows it, and the judge who tries the case is bound to order the restoration. However, they thought that if the Indians were declared free immediately and were set at liberty, the governor could order them not to leave their masters for a brief time, because of the trouble that they would suffer if their slaves left them suddenly. When they were asked how long his Lordship could detain them in the power of their masters without endangering his conscience, they said that that depended on the judgment of good and prudent sense. They all thought that his Lordship might extend the time for them for the space of twenty or thirty days. Whoever dared to detain them for a longer period would be committing mortal sin and be obliged to make restitution.
The bishop having examined the opinions of the abovesaid fathers, declared that after he had left his Lordship he had also considered the matter very deeply and had conferred upon it with grave and very erudite persons of conscience. The above opinions and the final resolution of the fathers seemed to him to be quite in harmony with the law of God, and with natural, divine, and human law, and to be established on entire truth and justice. As such he approved and confirmed those opinions and said that his opinion was the same as theirs. In the name of the Father, Son, and Holy Ghost, amen. His Lordship signed the same and ordered it sealed with his seal. The others above named, who gave their opinions in the form herein contained, nemine discrepante, also signed it. Given in the convent of Tondo, October seventeen, of the above-mentioned year. This opinion was given to the governor with the signatures of all the religious herein contained. In testimony thereof, I affixed my signature to it.
Fray Domingo, bishop of the Filipinas.
[1] Pablo de Jesus was born of a noble family in Catalonia in 1533. He studied at Alcalá de Henares, and at the age of nineteen took the Dominican habit in Madrid. In 1576 he was enrolled in the first Dominican mission for the Philippines, where he arrived June 24, 1577. He labored in the provinces of Camarines, Bataan and Zambales, until July 1, 1580, when he became custodian. In 1583 he despatched the first missionaries to Cochinchina. After the completion of his office he was assigned to the villages of Santa Ana de Sapa and Taytay, and in 1591 was again elected to the head of his province. He sent the first Franciscans to Japan. In 1600 he was appointed visitor, and on his return to Manila retired to the convent of Manila. In 1602 he was elected definitor. He died at the Manila convent in 1610. See Huerta’s Estado, pp. 442, 443. [↑]
[2] See VOL. VI, p. 46, note 2. [↑]
[3] See VOL. IX, p. 311, note 46. He was born of a noble family in San Clemente of the bishopric of Cuenca in 1532 or 1533. As a youth, he went to England in the service of the duke of Feria. He entered the Society of Jesus in 1558 or 1559, and studied at Padua, while at Rome he had charge of the German college. There he was assigned to the Japanese missions. He was sent to Nueva España in 1572, after his campaign in Florida in 1568. After going to the Philippines, it is said that he planned the first real fortifications of Manila. He endeavored to introduce silk raising into the islands, and planted many mulberry trees for that purpose; although his efforts failed. He also introduced many plants into the islands. His death occurred, according to Sommervogel, September 2, 1595, after having served his order as rector of Manila and vice-provincial. Colin (p. 197) gives his official permission for Sanchez’s journey to Spain in 1586. See Colin’s Labor evangélica, pp. 335–342, and Sommervogel’s Bibliothèque. [↑]