(I took the above clauses from the said instructions and regulations. They were signed by the above-mentioned viceroy [Antonio de Mendoza], the visitador, and the auditors, as is sufficiently apparent; and to that document I refer, by order of the most illustrious governor Miguel Lopez de Leguaspi. The same are well and faithfully copied, and the comparison and collation thereof took place before Christoval Ponze, notary of this camp, and Juan de Gamboa. And they are well and faithfully copied. Given in the island of Cubu, on the twentieth day of October, in the year one thousand five hundred and sixty-eight. Therefore, I, the said Fernando Riquel, affix hereunto my signature and accustomed flourish, in attestation of truth. Fernando Riquel.)

(I, Fernando Riquel, notary-in-chief of the government, read and made known to the said most illustrious Goncalo Pereira, captain-general of the Portuguese fleet in his own person, and to the other captains of his fleet—to wit, Alvaro de Mendoca, Don Duarte de Meneses, Simon de Mendoça, Lorenco Furtado de Mendoça, Mendornellas de Vasconcellos—the above reply and clauses, word for word, so that he might have full understanding thereof, on the twentieth day of the month of October, in the year one thousand five hundred and sixty-eight. It is understood that, although I reckon today as the twentieth of October, the summons to which this is a reply was dated on the twenty-first, all which took place on one and the same day. The cause for this difference between the Portuguese and Castilians is that the Portuguese are one day ahead. [117] This is so in all their replies and summons. I delivered this notification and summons abovesaid in the galleon "San Francisco" on the twentieth day of October abovesaid, in the presence of those above-mentioned, and Alonso Alvarez Furtado, factor of his highness; and they all signed their names jointly with me and Christoval Ponze, notary of his majesty's camp. Simon de Mendoza, Don Duarte de Meneses, Alvoro de Mendoça, Lorenço Furtado de Mendoça, Mendornellas de Vasconcelos, Alonso Alvarez Furtado, Christoval Ponze. Fernando Riquel.)

(This copy was collated thoroughly with the original by me, Pero Bernaldez, notary-public of this fleet. It has no interlineations or erasure which would cause doubt. There occurs only the following interlineation, namely, entender ["to understand">[, which was added to make it correct. The said Fernaõ Riquel was present at the collation, and signed here jointly with me and Baltesar de Freitas, notary of the fleet, who placed here his approval. Collated on the twenty-ninth day of December of the year one thousand, five hundred and sixty-eight.

Pero Bernaldez.)

(I certify that this copy was collated in my presence, Baltesar de Freitas, notary of this fleet, on the day as abovesaid. Baltesar de Freitas.)

(On the said day, month, and year abovesaid, I was present at the correction and collation of this copy.

Fernando Riquel.)

Fourth summons: Replying to this third answer of the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Espanha, I declare, as I have already said in my reply, that actions speak louder than words. Up to this point I have acted in a way pleasing both to God and to the kings our lords, being bound to serve both equally well, on account of the close and long enduring union which, always existing between the former sovereigns of Castella and Purtugual, does now likewise exist between these present rulers. And, understanding from the instructions which his highness [of Portugal] gives to his captains for such cases, that he orders them to serve the interests of his royal majesty, King Don Felipe, in every possible way not at variance with his own interests, I have in all respects thus carried out his commands and all the stipulations of the treaty; while his grace has violated the same in so many ways, principally in making traffic, on behalf of Nova Espanha, of gold and drugs from this region within our demarcation—a thing forbidden in specific terms in the treaty. This does not harmonize with what his grace says about stress of weather and the lack and necessity of ships—for one who has been engaged in traffic knows the remedy for such cases, and his grace did traffic in our gold and drugs, and sent for reënforcements, by the fleet—a thing which, likewise, does not harmonize with his affirmations. For, the fewer people the ships contained on coming from Nova Espanha, the better could his grace lodge himself therein with all his camp, there being none in the whole voyage to obstruct his way provided they had sufficient crews. But God exists, and heaven cannot be covered with a sieve; nor are there diseases of the eye so serious as to be able to hinder the perception of a thing so evident. His grace is condemned by his own captains for his transgressions against the treaty, while he himself admits that his instructions forbid him to enter our demarcation. And although, in view of the above, I was released from obligation to do him any favor, yet I have been begging him for a considerable time to make use both of me and of this fleet, since he himself possesses none, and to depart therein upon his way. Nor is it reasonable that his grace should depart alone in any of these ships; and he must be out of his senses, after staying here four years, to undertake to wait four more in this land of the king, our lord—for that is the least time in which ships can be constructed in Nova Espanha for him to depart in; and this season there could reach him only the patache "San Joan," and some ship or other from Peru, a very small conveyance for so large a camp. Wherefore I beg him as a favor, and summon him, once and many times, to depart in this fleet belonging to the king, our lord,—or, better, to his majesty—together with all the people of his highness, inasmuch as this tends to the latter's service; for this is the easiest and best remedy, to depart from our conquest, and observe, at least, in part, the treaty. Likewise, I again request him to come with all his camp to this fleet, that we may both continue together the work of propagating our holy Catholic faith, and destroying the sect of Mafamede [Mahomet] in Maluco, Java, and Acheen; for as this work is so pleasing to God, it should be likewise so to so Christian a sovereign as is his majesty. And—in payment for the many times when the kings of Purtugual went to Castella to render aid to her sovereigns against the Moors who were warring against them—it would be better for us to join our forces, and change our hostility to friendship, as the battle of Selado, and the raising of the great siege of Sevilha, and many other battles in which the Portuguese added luster to their name in the service of the said kings, demand—and, in our own times, those fleets of ours which participated in the capture of Tunes, in the island of Dargel, or again in the taking of Pinhao, [118] and in many other public and private undertakings in which, with both money and arms, we greatly aided the kings of Castella. In spite of all this, his grace will not grant me a thing so reasonable and pleasing, both to God and to the kings our lords, and to the advantage of their army; but, on the contrary, so obstinately refuses to accept the offer of this fleet, and will not depart from our land, but steadily continues building fortifications and throwing up new breastworks, from which he attacked the fleet of the king our lord in this his port, and fired several shots at us from the fortress, as if we were Moors and pagans. And yet I did not allow him to be bombarded, in reply, from this galley "San Francisco," although I had cannon with which I could have caused him much anxiety; but rather retired, in accordance with my constant desire, past and present, for peace—as is seen in my reluctance to make war upon him or to be the cause of shedding Christian blood. Thus I have acted very differently from his grace, who had ambuscades laid at the fords, whither I sent my boat, peaceably, without any soldiers aboard, in order to show in all respects my great desire to avoid war. As for his grace's saying that I opened fire on his fort, it was only after I had sent him word beforehand not to make this necessary; so that the desire which has since been made evident by him was shown therein also. And a few bombardments from the boats, moreover, were not sufficient either to deter his people on land from continuing their work upon our land and sea or his grace from breaking out in open war against me with great ardor and desire; while I, on the contrary, had very little desire to injure him, but allowed many vessels, people, and provisions to go into the fortress, wherewith he could fortify himself against this peaceful fleet of the king our lord. And with regard to the clauses of his instructions which his grace had shown to me in his defense, I would say that this was of service to me; for although, it is true, one of them says that he shall go among the Filipinas islands, yet, immediately thereafter follows a contrary clause to the effect that he shall in no way transgress the treaty and agreement between Castella and Purtugual, which has the more force to prevent him from going to the Filipinas, in virtue of the more effectual words contained in the solemn covenant of the treaty aforesaid. Moreover, in regard to his grace's saying that the desire entertained by his majesty was not to enter our demarcation, and that he thought the Filipinas were in his, I would say that in all kingdoms, when it happens that doubt arises in the instructions, letters, provisions, or charters of the sovereigns, it is the custom to be guided thereby according to the intention of those who gave them. Another clause declares that, if he find us in his demarcation, he shall not do us any violence; but his grace came even to our own territory and did this, acting in flagrant disobedience to what his instructions allowed him, by undertaking illegally and wrongfully thus to dispossess us of our land and sea. And again I beg and summon him, once and many times, on the part of God, and of the kings our lords, not to do us violence, but to depart in this fleet, in the doing of which he will be doing great service to God and to the sovereigns aforesaid. And if he do not this, I declare by all the declarations of the protest sent to him through Pero Bernaldez, notary-public of this fleet, on the twenty-first of October, in the year one thousand five hundred and sixty-eight, that all the losses, deaths, dispossessions of property, and damages consequent shall fall upon his grace, while I shall remain free and absolved therefrom. I request and summon you, Fernaõ Riquel, notary-in-chief of that camp, to read and make known this response to the said Miguel Lopez, and with his reply—or without it, if he refuse to give it—to deliver to me the certain instrument or instruments which shall be necessary to me; likewise that you send me such instruments, so arranged as to be authoritative, containing all the summons, protests, duplicates, replies, rejoinders, and letters which have been exchanged and written in this affair hitherto. In this galley "San Francisco," on the twentieth day of October, in the year one thousand five hundred and sixty-eight. There is no doubt or wrong erasure herein.

Guoncallo Pereira.

(Notification: In the island and port of Cubu, in the Filipinas, on the twenty-seventh day of the month of October of the year one thousand five hundred and sixty-eight, before the very illustrious Miguel Lopez de Legaspi, governor and captain-general for his majesty of the war and of the fleet for the discovery of the islands of the West, and in the presence of me, Fernando Riquel, chief notary of the same, there appeared Roque Bras, a servant, claiming to be in the service of the very illustrious Goncalo Pereira, captain-general of the Portuguese fleet anchored in this port; and, in his name, presented this document as contained above. And he asked me, the said Fernando Riquel, to read the same, and the said governor ordered me to read it; wherefore, to carry out his commands, I did read it, de verbo ad verbum, as well and exactly as I could, considering that it was written in Portuguese. The said governor, on hearing the same, said that he had heard it and would respond thereto—witnesses to all the abovesaid being the master-of-camp Martin de Goiti, Captain Diego de Artieda, Captain Luis de la Haya, and Captain Juan de Salzedo, all of whom signed the same jointly with me. Martin de Goiti, Diego de Artieda. Luis de la Haya, Juan de Salzedo.