Fernando Riquel.)

Fifth summons: In response to the fourth reply which the very illustrious Miguel Lopez de Leguaspi, general of the fleet and people of Nova Spanha, sent and had conveyed to me on the twenty-ninth day of the month of October in the year one thousand five hundred and sixty-eight, by Christovão Ponze de Leon, notary of his camp, I say that I cannot help being amazed again and again at seeing how his Grace attempts to depreciate my actions and give luster to his own—those on the one side being so different from those on the other, and done in sight of his camp yonder and of this fleet stationed here. When there are, however, so many noblemen and gentlemen of such reputation for sincerity and truth, his Grace will not be able to deny that during the forty days of peace in this port, he did not see any sign of hostility in this our fleet of the king, our lord, or any indication thereof, inasmuch as ships were allowed to enter to him with men and provisions aboard—when by capturing them, as could have been done easily, I could have caused him much annoyance, if my intention had been to bring about such a consummation. His Grace, however, in great contrast to my own procedure, on the same days and during the same peace, had many breastworks and defenses constructed in his fortress, and corresponding defenses outside of the same with a great amount of artillery mounted on many baskets filled with earth. These were quite sufficient to defend himself against a great army, rather than a small band of Portuguese zealous in the service of God and of the kings our lords, and reluctant to shed Christian blood even in so just a cause. Nor will he deny that—not content with having so strong a fortress, with so many Spaniards to make defense against us in our own territory in case I should undertake to do him violence therein—he ordered, during the term of the peace, an artillery station to be established on the bank opposite where he took in water, in order to prevent me from obtaining any; and up to the present time he has refused to let me have any, although this is our own land. Moreover, he desired to cannonade the fleet at short range from the fortress aforesaid, as afterward more clearly appeared; for, on my immediately writing his Grace through Baltesar de Freitas, notary of the fleet, to do me the favor to order that this should not occur again, since it seemed more the act of an enemy than of a friend, he wrote me in return things irrelevant to the case, while the rest of his letter consisted only of vain words and compliments. I wrote to his Grace again the next day, sending my letter by Pero Bernaldez, notary-public of this fleet. In this letter I asked him again to do me the favor of ordering the work to be destroyed; otherwise, I should consider myself authorized to declare that war had broken out, and that the assurances between us would remain null and void—as his Grace will see in my letters, since his memory is so feeble as he says and declares, since he says and declares that without the assurances being canceled as yet on either side, and without giving any warning or intimation whatsoever, I ordered the boats and galleys to fire on his fortifications and basket defenses. But this I did, in reality, in firing on the black people of the land, who were acting against their true king and lord. Little blood was shed in this affair, as I have ascertained, but all this business his Grace owes to his failure to reply to or satisfy me—acting as if he wished open war with me, as was seen by the breast-work which he had constructed. And—after a few volleys had been fired from the said boats, galleys, and pinnaces, in reply to the many broadsides which they let fly at us from their fortress—here on the afternoon of that same day Fernan Riquel, notary-in-chief of that camp, came with a reply from his Grace, also a copy of certain clauses from his instructions, and a message to the effect that he would finally have the work stopped, if this fleet would stand off farther from shore. This I showed to the said Fernaõ Riquel, who suddenly became short-sighted, in order not to see it; nevertheless, I ordered the boats to retire, and to fire no more. And the next day I did not, on my part, consent that they should go on increasing the work further. In what, then, does his Grace find here, up to the present time, more good words and deeds than mine? Moreover I gave him much more peace. It should be added that after the boats had killed many Indians and a few Spaniards, they ceased from further shots that afternoon and the following day. It would then have been just and due to us that his Grace should have had the basket defenses destroyed—for that was the true road to peace and amity after so long a period of enjoyment of our land—rather than to allow a bombardment, as cruel as if against heretics, to take place and endure from eleven o'clock in the morning till sunset. These ships of the king our lord were pierced with balls in his own port, killing several persons, and so aimed as to kill many more, if I had not used caution and retired. This affair is certainly an ugly and terrible one, before God and men. I did not, however, consent that any broadside should be fired from this galley, the "San Francisco," although I had pieces of very large caliber therein, which could have done much damage to the fortress and defenses. And therefore, up to the present time, I have not shed, nor given occasion for the shedding of Christian blood as his Grace has done in batteries and ambuscades—although none whatever were made against him, inasmuch as I restrained myself when I could have done him much injury by fire and sword. The sovereigns yonder, however—who are so good Christians and have clear minds—will judge of the fair words and fair deeds of his Grace, and of my deceitful words and most evil deeds; for we cannot be good judges in our own behalf in such an offense committed against the king, our lord, and his vassals. Quickly turning to the work at hand, a little later on the same day of the cannonading, I ordered the galleys to take possession of the other mouth of this harbor; for, now that his Grace has broken out in war against me, it seemed to me better service to God, and to the kings our lords, and a Christian's obligation, to pursue hostilities by means of starvation rather than by fire and sword—for although I blockade you with it, I have ordered this fleet, and it stands ready, to bring you a great quantity of supplies, that you may not perish through lack thereof. And as for the damage which the oared vessels have done in the territory of the infidels, it does not appear to me so serious and unheard-of as his Grace depicts it; for it is juster in war that we should punish those vassals of the king our lord for unfaithfulness and opposition to their true leaders than that his Grace himself, although a stranger here, should, in time of peace, give them very different kind of punishment for slighter cause, in addition to making them pay tribute. As for his assertion that he will pay and satisfy the king our lord for all the losses and damage which he has done him in this land of his, it was unnecessary to write such a thing; for his Highness is not a merchant nor is he so avaricious as to take satisfaction in money or property from any other sovereign, particularly from his captains; and he will be satisfied, and I, in his name, only at his Grace's leaving the land free and unencumbered, and thus not bringing about the death of his vassals there in so many ways. As for his Grace's being willing to give me people and assistance for the augmentation of the faith and the service of the king our lord, certainly he may be sincere in this one matter; but the Moros of Maluco, Java, and Acheen are, through our sins, so numerous, that without his Grace in person, and all his company, it would be difficult to sweep them away. But with such aid I hope in God that much service will be done Him by us all; for on His account they ought to be resigned to take a voyage much longer than from India to Espanha, inasmuch as He suffered Himself to be crucified and shed His precious blood for our salvation. For the letters of instruction issued by Christian princes do not forbid their captains the propagation of the Catholic faith and the destruction of the sect of Mafamede, in any land of in any way whatsoever—especially when the rightful king, through his captains, requests this so necessary assistance from his Grace; and when there is so much intimacy and so close a relation between these kings our lords, as to justify asking that there be given him all the supplies and munitions necessary and sufficient to their needs, and even much more. But since his Grace is not willing, for the sake of God and the aforesaid sovereigns, to go so long a way toward carrying out their wishes, I protest in the terms already on my part protested. And I require you, Pero Bernaldez, notary-public of this fleet, to read and make known this response to the said Miguel Lopez; and to deliver into my hands an instrument drawn in public form, containing all the summons, protests, replies, duplicates, and letters, which may be needed for the outcome of this business. Given in this galley the "San Francisco" on the thirtieth day of October, in the year one thousand five hundred and sixty-eight.

Goncalo Pereira

(Notification and Reply: On the thirtieth day of the month of October in the year one thousand five hundred and sixty-eight, at the place now occupied by the very illustrious Miguel Lopez de Leguazpi, general of the fleet and forces of Nova Spanha, at the command of Goncallo Pereira, captain-general of the fleet of the South Sea, I, Pero Bernaldez, notary, read and made known to him de verbo ad verbum, this reply as above written. He responds as follows to the same: "that the captain-general should well remember that, in the first letter in which this summons is mentioned, he asked only for the cessation of the work of erecting the wicker defenses, which request was granted immediately and the work ceased, although baskets cannot constitute war, and are rather for defense than offense. And on the following day, by a second letter which his Grace wrote, he again reiterated and requested that the baskets should be taken down, and that he should receive either yes or no as an answer, with which he would consider himself to have received a final answer. With the same letter he sent me word by the factor Andrés de Mirandaola and Hernando Riquel, notary-in-chief of this camp, that if the baskets were not taken down by nightfall, he would consider war to have broken out between us. While I was engaged in framing an answer to this, and before the time-limit set by him had expired, he sent his galleys and small boats to attack the defenses and the people who were stationed on the shore. Then our soldiers, seeing that the Portuguese were attacking them and had begun hostilities, determined to complete their defenses, and fought with the Portuguese from about noon-time until sunset, without any cannon-shots being fired at the Portuguese from this camp. And on the morning of the following day, without any new action on our part, the said captain-general sent two galleys and a small boat to seize upon the other entrance to this harbor, and this order was executed. They have been and still are located there, toward the east; and they refuse to allow any person, or supplies, or anything else whatsoever, to come in or go out from this camp—a procedure for which I am at a loss to find the proper designation, unless it be war and the intention to starve us to death, which is not a usual action on the part of Christians. Consequently, he should not be astonished if this causes us to think that his actions do not correspond to his words, and to the offers made on his part; while, on the contrary, there is in truth all possible justification on our part, and we have offered assistance and favor, should they be necessary, against infidels, and in the interest of his Highness, the very illustrious and puissant King of Portugal. For I will carry out and fulfil that promise with the same willingness with which it is offered, in the consciousness of being therein of service to his Majesty. And it is but little relevant to say that, unless I go in person with all my camp, nothing can be effected; for either there or here, or any place whatsoever, I could be of little use, and would be but little missed; nor is it just, in view of the impossibility of my performing it without the express permission of his Majesty, to attempt to oblige and bind me to perform the same. And as for the rest, I confirm what I have already said, responded, requested, and protested against, in his Majesty's name, in previous replies and rejoinder; and if it be necessary, I again request, demand, and protest, as many times as I am by law obliged, and as may be befitting. As for the war, violence, and injuries which his Grace does, and tries to do me, I elect almighty God, who knows the whole truth and the hearts of men, as judge, and pray that He, out of the infinite pity and benignity of His heart, may aid and favor him who most truly and with least injury has tried and is trying to obtain peace from the opposite side, without Christian blood being shed, to His great displeasure and that of the kings our lords. Therefore I exculpate his Majesty, and myself in his royal name, as well as all those in his royal service at this camp, so that neither now nor at any subsequent time may blame or responsibility be charged upon or imputed to them." He signed the above with his name, and said that he gave it, and he did give it, as his answer. There were present, as witnesses, Captain Juan Maldonado de Berrocál; the ensign-general, Amador de Arriaran; the accountant, Andres Cauchela; the chief constable, Graviel de Ribera; and the notary-in-chief, Fernando Riquel—all of whom, together with me, the said Pero Bernaldez, signed the same. Miguel Lopez de Legazpi, Juan Maldonado de Berrocal, Andres Cauchela, Amador de Arriaran, Graviel de Ribera, Fernando Riquel.

Pero Bernaldez

Sixth summons: In response to this fifth answer from the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Spanha. I admit briefly that in my first letter to him, I requested him to discontinue the defenses, and in the second, to destroy them—which his Grace refused to do, although it was a thing so just and so important to the lords of the land, as well as to my own advantage, for him not to employ hostilities against me, or give me occasion to accept the same; for it was but a slight cost or humiliation for a man who has so great a desire for peace as his Grace constantly says he has, to destroy the defenses, in which more hostility than friendship is displayed. I, on the other hand, had more than sufficient reason and justification for sending the galleys to take possession of the other entrance to this harbor, inasmuch as our respective courses of action were very unlike during the peace, as has been stated in other responses. Moreover, his Grace will not, in spite of all, deny that the galleys had not yet left this position when his people began to bombard me; and that those vessels had taken a very different route from that of going to cut off supplies. And as for his Grace's excusing himself and the rest of the company from engaging in the service of God, of his Majesty, and of the king our lord, as I have requested, more cogent reasons exist than that his presence is not very important in a case of so great urgency. Concerning his reiterated plea that he cannot violate his royal Majesty Don Felipe's instructions, I declare to him that since he entered here in violation of the same, and against the will of the king our lord, the latter will be well served by his Grace's going still farther, in his willingness to employ himself in his Majesty's service. And in all the rest, I take my stand upon what has already been said, and protest by what has already been protested. I order you, Pero Bernaldez, notary-public of this fleet, to notify him thereof, and deliver into my hands such instrument or instruments as shall be necessary to me, drawn up in legal form. Made in this galley "San Francisco" on the first day of November in the year one thousand five hundred and sixty-eight. An erasure was made by me therein which shall not cause doubt, since it was made without intention to deceive.

Goncallo Pereira

(In the island and port of Cubu in the Filipinas, on the thirty-first day of the month of October, in the year one thousand five hundred and sixty-eight, before the very illustrious Miguel Lopez de Legazpi, governor and captain-general for his Majesty of the people and fleet for the discovery of the islands of the West, and in the presence of me, Fernando Riquel, notary-in-chief and official notary, appeared Pero Bernaldez, notary-public, who declared that he belonged to the fleet of the very illustrious Goncalo Pereira, captain-general, and read this response above-written. The said governor after hearing the same, said that, "as his Grace the said captain-general says, he had written in the first letter that the work on the wicker fortifications should cease; and that, with the intention of pleasing and satisfying him in all respects, he, the said governor, had ordered the work thereon to cease; and it would not have continued, had not his Grace ordered them to be bombarded with many pieces from four galleys and small boats—whereupon the soldiers seeing that they were being fired upon completed their defenses at the great risk of their own lives and persons. And on the following day, when the galleys and small boats went off to seize and blockade the other entrance to this harbor, the purpose of their expedition was shown clearly, and afterward put beyond the shadow of a doubt, by their own acts. And it is unjust that his Grace should prohibit the conveyance of provisions to this camp, for those therein are Christians, and vassals of his Majesty, King Don Felipe, our lord. This act, beside being disobedience to God our lord, will greatly displease the princes, our sovereigns. And so I beg and request of him, and, on behalf of God and of his Majesty, I summon him, to allow the unrestricted entrance to and passage from this camp of provisions, as should be done and permitted between Christians, and between vassals of princes so intimate and so closely related. By the copy of the clauses of his instructions sent to the captain-general, his [Legazpi's] entrance into these islands, is shown to have been by the orders of his Majesty and not against his royal will; and he declares that, in order to depart from the islands, the shortest way open to him is that which he has requested in his past replies. It is also evident that his Grace could very easily provide for this, especially now that additional ships have come to him aside from those of his fleet. In doing this he will greatly please God our lord and the kings our sovereigns, and extricate this whole camp, as well as his own fleet and person, from a bad predicament. The said captain-general must understand that he will therein particularly serve his own sovereign, for he will prevent the necessity of other soldiers and fleets being sent here to attack us. Wherefore again, I request, summon, and protest to him all that has been requested, summoned, and protested in the past response, and the answer thereto." And this he said he gave as his response, and he signed it with his name, in the presence, as witnesses, of Captain Andres de Ybarra, Captain Juan de Salzedo, Captain Juan Maldonado de Berrocál, and the accountant Andres Cauchela, who signed the same with me. Miguel Lopez de Legazpi, Andrés Cauchela, Andres de Ybarra, Juan de Salzedo, Juan Maldonado de Berrocal, Pero Bernaldez.

Before me, Fernando Riquel)

Last summons: I conclude with this my last response, weary of so many papers containing so many irrelevancies on a thing so clear and evident; for though I admit the possibility of his Grace's having ordered the work to cease, as he affirms in his rejoinder, yet I declare it to be of no avail to give an order if the order be not carried out, or not obeyed. The work, on the contrary, was continued with greater haste and care for four hours after the time-limit which I had written to his Grace, saying that if the work were not destroyed I should consider myself as answered. I stated that oared boats would then be sent to frighten them, and prevent the execution of a work so unjust and of so ill a purpose, in addition to the many acts of injustice which have already been committed here in this land of the king our lord, greatly to his displeasure—and, as I believe, that of his Majesty, which is the same thing. On my complaining several times to his Grace, during the continuance of peace, and when I had so great a desire of serving him—as even now I feel no hesitation in doing—in regard to his erection within the aforesaid camp of many breastworks and fortifications, he replied, by letter, that it was the custom of camps and soldiers always to be thus throwing up fortifications. Nevertheless, he was erecting those defenses, not in his Majesty's demarcation, but thirty leagues within that of his Highness, and against one of his captains—one, too, who is so peaceably inclined as I have always been, until the moment when war was waged against me, and a considerable time after that, for which reason I am surprised at his acts. I then ordered the galleys to the other entrance of this harbor—the justest and most Christian means of acting, for it was my intention not to starve him to death, but to oblige him to cease from this injury to his Highness, and accept shelter in this fleet and make up for past privation. For what Friar Quapucho [i.e., fustian-clad] is so humble, so long-suffering, and so charitable to any one as I have been to a person who has not deserved it from his king and lord? The more ships that come to me to join this fleet, the better service will his Grace and company be able to enjoy therein, and they will experience much friendship and satisfaction therein—thus performing great service to God and to the kings, to whom we are all so closely bound, and for whom we ought to endure and surfer hardships with exceeding joy. And this the more, because his Grace neither possesses nor gives any just reason for being excused from so virtuous a work (in which he will always take personal part in company with me who follow and accompany him), or for being unwilling to concede what I have requested so many times, and now request again, much more earnestly, on behalf of God, of his Majesty, and of the king our lord. All that has happened or which may subsequently happen, therefore, I declare shall fall to his own responsibility; and I protest, by the protestations already made, and by all which may redound to the justice and right of the king our lord, and of the subsequent heirs of the kingdoms of Portugal. And you, Pero Bernaldez, notary-public of this fleet, are directed to make the same known to him, and give and deliver to me such instrument or instruments as shall be required by me. In this galley "San Francisco," on the second day of the month of November, in the year one thousand five hundred and sixty-eight.