And after the aforesaid, on this said day, month, and year aforesaid, the said ensign-general Andres de Ybarra, appeared before me, the said notary and the witnesses hereunder subscribed, being on the river Calayan to which the said chief thus named took him, having landed in a small inlet, at the edge of the water, and containing a small bay, and said that in the name of his majesty, by virtue of the power conferred on him by the very illustrious Miguel Lopez de Legazpi, governor and captain-general of the discovery of the islands of the West, he occupied and took possession and apprehended the tenure and true and actual possession or quasi-possession of this said land, and of all territory subject to it and contiguous to it. And in token of true possession, he passed from one end of that land to the other, cut branches of trees, plucked grass, threw stones, and performed such other acts and ceremonies as are usual in such cases—all of which took place quietly and peaceably, with common consent of those who were present, without the opposition of any one. And after the aforesaid act took place, the said Andres de Ybarra besought me, the said notary, to certify thereto, those present as witnesses being, father Fray Diego de Herrera, father Fray Pedro de Gamboa, the high constable Grabiel de Rribera and Francisco Scudero de la Portilla, [84] Pedro de Herrera, and many other soldiers. I, the said Fernando Rriquel, notary aforesaid, bear witness to the aforesaid, for it was done in my presence, and I was present at everything jointly with the said witnesses. In witness whereof I, Fernando Riquel, chief notary, affix here my signature and accustomed flourish, which in such documents is in token of truth. Collated with the original. [85]
Fernando Riquel, government notary.
Proclamation Regarding Treasure
Order to Make Declaration of the Gold Taken from the Burial-Places of the Indians
In the island of Cubu of the Western Islands, belonging to his majesty, on the sixteenth of May, one thousand five hundred and sixty-five, the most illustrious Miguel Lopez de Legazpi, his majesty's governor and captain-general of the people and fleet of the discovery of the Western Islands, appeared before me, Fernando Riquel, government notary of the said islands, and declared: that, inasmuch as he had been informed that many Spanish soldiers and sailors have opened many graves and burial-places of the native Indians in this island, wherein a quantity of gold and other jewels has been found; and inasmuch as those opening these graves and finding the said gold have not made a report thereof to his excellency nor to his majesty's officials, in order that his majesty may receive and take his royal fifths and rights; therefore he ordered, and did order, that proclamation should be made, in due form of law, that all who have opened any graves whence they have abstracted gold, jewels, and other valuables, and those who have in their possession gold and jewels of these islands, however they may have been obtained, shall appear and make full declaration regarding such things before his majesty's officials, in order that what is, in this regard, fitting to his majesty's service and the good security of his royal estate, may be provided—under penalty that whoever shall act contrary to this order shall, besides losing all the gold and other valuables thus obtained and abstracted, be proceeded against in due form of law.
Furthermore, he ordered that, from this time henceforth, no grave or burial-place be opened without the permission of his, excellency, in order that there might be present at this opening one of the king's officials, or myself, the above-mentioned notary, so that no fraud or deceit may occur, and so that an account and memorandum may be taken of everything—under penalty of five hundred pesos de minas and of returning all that was taken from such grave or burial-place, together with the fifth over and above this for his majesty's exchequer and treasury. This was his declaration and order, and he signed the same with his name,
Miguel Lopez
Proclamation: This said day, month, and year abovesaid, the contents of this edict were proclaimed in the form prescribed by law, by the voice of Pito Atambor, [86] in the presence of myself, the said notary, near the lodging of the said governor and general, and near the lodging of the master-of-camp, Mateo del Sas, many soldiers being present at each place. In affirmation of the above, Fernando Riquel, government notary.
Collated with the original,
Fernando Riquel, government notary.