Third summons: Concerning the summons and protest that I, Gonzalo Pereira, captain-general of this fleet, make to the very illustrious Miguel Lopez de Leguaspi, general of the fleet and people of Nova Espanha. You, Pero Bernaldez, notary-public of this fleet, are directed to present and read to him the same; and, with his reply (or without it, if he refuse to give one), to put into my hands the instruments necessary to me to prove the truth of what follows. I affirm that on arriving at this port of Cebu, and exchanging such courtesies with his grace as were befitting to the requirements of my position and rank, besides offering both by letters and requests on behalf of the king our lord, everything needful to him and to his army, and to his royal majesty, the King Don Felipe—in order, also, to serve in this matter the king our lord—his grace did not so much as consent to accept from me anything whatsoever; but descended to subterfuge, and, as answer to my rejoinder, ordered his artillery to take position in front of the fleet, to impede my passage—in spite of his being on the land and sea of the king our sovereign. In every respect, therefore, he gives evidence of not adhering to the compacts and treaties made between his imperial majesty Don Carlos, King of Castella, and King Don Joaõ, our lord (may they rest in glory), which documents I had sent and presented to him in order to obviate all doubts and disputes that might arise. He has certainly incurred, in return, the displeasure of God and the sovereigns. Secondly, I send him again the letter of the emperor Don Carlos to Ruilopez de Vilhalobos, and those of his company, that he may see more clearly its truth and purport; and I summon his grace particularly—once and as many times as I am empowered thereunto—and, in general, all his captains, ensigns, sergeants corporals, and pilots, and all the other officials of war, retinue, and justice, on both land and sea, soldiers and sailors alike—in conformity to the said compact, to assemble immediately on this fleet of the king our lord, and to depart therein in order to present themselves before the viceroy of India. From the said viceroy, in the name of the king our lord, in my own, and in that of the captains of this fleet and of the fortresses of India, I give to each individually, and, to all in general, assurance that no harm or injury whatsoever shall be done them; that they shall be left free to go to their own kingdom or remain in India, as they prefer; and that they shall receive all possible good treatment, and be given all their property, and everything of which they may stand most in need. And if his grace refuse to do this, I summon him again and many times, and all the rest of his fleet and army, individually and collectively, to depart at once and leave the said fortress, and abandon this island and all others which, by the said treaty, are seen to belong to the commerce and conquest of the king our lord, and to leave everything here forever free and disembarrassed. And likewise I notify them not to do violence to, and to leave free, the Portuguese who are in his army, to whom, by this present, I give assurance, in the name of the king our lord, that they shall not be proceeded against as criminals, for thus embarking and being in the said fleet and camp, from the day when they passed the boundaries of Castella up to the present. And I summon them all individually and collectively, and I order them in the name of the king our lord, to come immediately to this the fleet of their true king and sovereign, on the above-mentioned assurance that they shall in all respects be protected. And if they do not consent thereto, and he, Miguel Lopez de Leguaspi—and his captains and officers, and all the persons above-named—shall not, in every respect, assent to that which I request and demand as above, I declare that he—together with all his above-mentioned captains and persons aforesaid, of whatsoever rank, nation, condition, or country they may be—will be held and considered and judged as disobedient by his royal majesty, King Don Felipe, their sovereign, and by the King of Portugal, our lord, and by their officers of justice. And in the same event I do, now and forever, in the name of the said kings, hold them as rebels, if they neither come hither nor depart within the three days first following the notification of this summons. I impose this time upon them as a limit, declaring that they shall not be allowed another day's respite; that they will be condemned to death, both natural and civil, either through war or in any other way whatever, according to the custom and laws of our kingdom; and that their possessions, ships, artillery, munitions of war, and everything else which they may have brought to this land or obtained therein, or received in trade or in any other way, shall be seized and distributed and given away to the extent which may seem to me conformable to the said compact. Nor shall they, the parties aforesaid, or any one acting for them, or any of their heirs, or any relation or descendant, in particular or in general, have in this matter any right—neither they, nor likewise the owners of the said property, fleet, or munitions, which shall thus be taken from them, even though absent, wherever they may be. Moreover, even though they be not guilty of the disobedience and disrespect aforesaid, nor have given any cause for this action, they shall not, subsequently nor at any time, have any right to proceed against me, or against any captain, officer, or member of this fleet who may be holding the same; nor shall any heir of the above-named persons, at any time whatsoever, be obliged to make restitution thereof, either legally or as a matter of conscience. Likewise, in conformity with the said compact, I declare to be null and void, and of no effect or force, all right which they may have, royal, personal, or based upon any other title or right which may be named, designated, or specified, or which his majesty King Don Felipe claims to have acquired, through the compact made between the very Catholic and Christian sovereigns, King Don Joan the Second of Portugal, and Don Fernando of Castella (may they rest in glory), regarding the division of the conquest and discovery of the world, conceded by the holy fathers, in the commerce and conquest of Maluco and all its lands and seas which shall be found, perceived, or discovered by ships in that whole region west of Nova Spanha, as determined by an imaginary line from north to south through the islands of Las Velas [Ladrones]; and those rights I declare null and void from the day on which the said Miguel Lopez de Leguazpi passed to the west of the said line with his fleet. And likewise I declare that, inasmuch as this fleet contains more soldiers than men of letters, all summons, declaration, and protestation befitting the right and justice of the king, our lord, and of his descendants and kingdoms, shall be held as made and truly and completely declared, demanded, summoned, alleged, and protested, without any lack or failure, whatsoever. And neither his royal majesty, nor any or all successors to the kingdom of Castella shall have the right to require or summon the Portuguese to deliver to them their lands and conquest of the said West; or demand any payment or satisfaction whatsoever for the losses, damages, deaths, or deprivations of property occurring to the disobedient camp and fleet, or to any others who, subsequently arriving, are subject to the foregoing. For others have already come to these parts who pretended to be filled with brotherly love and affection, but did not prove this by their actions—inasmuch as they did very great injury to the property of the king our lord, and of his vassals, without the king's receiving any compensation therefor from his illustrious highness. No doubt should be entertained regarding the interlineation where the word justica ["justice">[ occurs. This day, the twenty-first day of the month of October, in the year one thousand five hundred and sixty-eight.
Gonzalo Pereira.
(Notification: On the twenty-first day of the month of October of the year one thousand five hundred and sixty-eight, at the present place of habitation of the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Espanha, I, Pero Bernaldez, notary-public, in his presence and that of his captains and many other persons of his camp, read, de verbo ad verbum, the foregoing summons, together with the letter of the emperor Don Carlos (may he rest in glory). In reply, he said that he heard the same and would respond as was befitting. Witnesses thereto: Martin de Goete, master-of-camp; Andres de Ybarra, captain; Guido de Lavezaris, treasurer of his majesty; Luis de a Haya, captain—all of whom affixed their signatures together with me. Martin de Goiti, Luis de la Haya, Guido de Lavezaris, Andres de Ybarra.
Pero Bernaldez.)
(Response: This is a duplicate of a response which the very illustrious Miguel Lopez de Leguaspi sent to Goncallo Pereira, captain-general in these parts of the south for the king our lord. This response, I, Pero Bernaldez, notary-public of this fleet copied from the original at the request of the said Miguel Lopez de Leguazpi.)
I, Miguel Lopez de Leguazpi, governor and captain-general for his majesty King Don Felipe, our lord, of his people and the royal fleet for the discovery of the islands of the West, declare in response to the third summons of the very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, served on me by Pero Bernaldez, notary-public thereof, that I am ready and prepared to do and fulfil everything specified and offered by me in the answers which I have previously given to the summons which he has sent me. Basing my reply once more upon them, I repeat that on my part there will be no failure to respect and carry out the treaty made by the kings our lords, and to maintain the peace, friendship, and alliance which have existed and still exist between them, and which is incumbent upon us owing to the close relationship of the two. As for the conditions contained in the said summons aforesaid, which command me to go with all my people to his fleet, to depart therein for India, I declare that this is impossible for me, as it would be a direct violation of the instructions which I have received from his majesty; nor could I give over my people and my fleet to any person whomsoever, without his majesty's express permission and command. Moreover, it would be a violation of the compact and treaty existing between the kings our lords. And, in the event of my not doing this, he says that within three days from now I must leave this island and these lands. This I myself desire, and would be glad to do so, if it were possible. And I promise to do the same immediately, if his grace will furnish me means therefor. But it is neither right nor reasonable to oblige me to perform the impossible. And I declare, therefore, and promise that when I shall have ships I will depart, and leave the land free to whomsoever it may belong, without allowing my stay therein to result in harm to any one; and if it shall so result, then I stand ready to pay and to give payment and satisfaction therefor, to a sufficient and adequate amount, and to do everything in my power to the end that the treaty between the kings our sovereigns shall not be transgressed, or any injury be done or ensue to any of the parties hereto. And regarding what he says in his summons concerning the new fort, I admit that it is true that some fortifications were begun—a thing most usual and customary wherever there is a garrison of Spanish soldiers—for protection from any one who might undertake to do me injury or violence. But it was not done to injure his fleet, or anything else belonging to him, which did not previously do me injury. This is especially evident in view of the fact that although yesterday I had begun the erection of the new fort, aforesaid, on receiving a letter from his grace in which he asked me to cease and not continue work upon the same, I immediately ordered that work to cease and to be suspended; and nothing more has been or will be done thereon, if his grace and his fleet are willing to keep peace and friendship with me, as is incumbent upon Christians and vassals of sovereigns so closely connected and related. This I do in order that no statement or calumny for breaking the said peace may be uttered against me. And, regarding what he says in the rejoinder to my second reply, namely, that I refused to show the instructions which I bear, his grace knows perfectly well that I have offered many times to show him the same, and that nothing was sent by him. And to do everything possible on my own part, and to make my cause a just one, I send to him enclosed herewith those clauses of my instructions bearing upon the present business, which were copied from the original, and signed and approved by the chief notary of this camp, in order that they might be produced as witness and proof, at anytime or place whatever; besides this, his grace will be allowed, if he so desire, to send some person here to see them collated with the original. Throughout these instructions is evident and deducible the Christian spirit, greatness, rectitude, and kindness of his majesty King Don Felipe, as well as the moderation which he orders to be maintained wherever we should fall in with Portuguese—which is very different in its nature from what is essayed and planned against me and the vassals of his majesty. It will be seen, moreover, how just is his majesty's cause, and, in his royal name, our own. Therefore, in the name of God omnipotent, our Lord and of his majesty, I beg and summon his grace once, twice, thrice, and as many more times as I am bound by law—not to consent to or permit any wrong or injury to be done, directly or indirectly, by evasions, or in any other manner whatsoever, in order that Christian blood may not be shed without cause or occasion, to the great displeasure of God and of the princes our sovereigns. For my intention was not to do any harm to any one; but rather I offer to pay all and any damage which may result from my stay here; and I declare that, if he do the contrary, then all the deaths, damages, losses, and interests shall fall upon his head and responsibility, and that he shall be obliged to pay and make satisfaction for the same. Moreover, I protest, as much as the rights of his majesty and our own make it incumbent upon me, to demand, allege, and protest, and, although it be not declared or specified here, I do allege, demand, and protest therein, as many times as the law and my duty require. And I do not admit the protestations and condemnations which are contained in his summons and protest; and I request that this response shall likewise be read, shown, and made known to all the captains of his fleet, together with the clauses of my instructions, in order that they may see our justification; and, having seen it, comport themselves as Christians—so that God our Lord, and our princes, may be better served, without shedding Christian blood; and that the other injuries and difficulties which, in the opposite event might ensue, may be avoided. And I require and summon you, Fernando Riquel, notary-in-chief of this camp, to read and make known this response and protest, and the clauses mentioned therein, to the said captain-general, and the other captains of his fleet; and, with his response, or without the same, to give me the testimonies and copies necessary to me in his majesty's interest, and to my own in his royal name. Given in Cubu, on the twentieth day of October of the year one thousand five hundred and sixty-eight.
Miguel Lopez de Legazpi.
(Notification: The foregoing answer and clauses, I, Fernando Riquel, notary-in-chief in the government employ, read and made known to the said very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, in his own person, as well as to the other captains of his fleet, de verbo ad verbum, in such a way that it was understood—those captains being Alvaro de Mendonca, Don Duarte de Meneses, Simon de Mendoca, Lorenco Furtado de Mendoca, and Mendo Ruellas de Vasconcelos—on the twentieth day of the month of October of the year one thousand five hundred and sixty-eight. And let it be understood, that although I reckon today as the twentieth of October, the summons to which this is the response, was made upon the twenty-first everything having been done upon the same day. The cause for this is the difference between the Portuguese and the Castilians, the former reckoning one day ahead, and so it is in all the rejoinders and summons. I delivered this notification and summons to the said parties on the galley "San Francisco," this day, the twentieth of October, in the presence of the foregoing persons, and of Alonso Alvarez Furtado, factor of his highness—all of whom signed their names here, together with me; likewise Christoval Ponce, notary of his majesty's camp. Simaon de Mendonca, Alvoro de Mertdonca, Lourenco Furtado de Mendonça, Don Duarte de Meneses, Alfonso Alvarez Furtado, Mendornellas de Vasconcellos, Christoval Ponse de Leon.
I testify thereto, Fernando Riquel.)
(This copy was closely and faithfully compared with the original by me, Pero Bernaldez, notary-public of this fleet, without there being found any interlineation or erasure of a kind which would cause doubt—although there is an interlineation—dha [dicha, "said">[ which was truthfully inserted. The said Fernao Riquel, notary-in-chief, was present at the comparison, and signed his name together with Baltesar de Freitas, notary of the fleet, who placed here his approval. This day, the twenty-ninth of December of the year one thousand five hundred and sixty-eight.