The words are crossed out where is read poner, a, y, queste de; and corrected where is read hacienda, tostones, and come; and de has been inserted between the lines. I, Luis Velez Cherino, court clerk of the royal Audiencia established in this city of Manila, have written this and caused it to be written; and here I affix my signet to such document, in witness of the truth.
Luis Velez Cherino.
Letter from Melchior Davalos to Felipe II
Royal Catholic Majesty:
It was through divine inspiration, we may believe, that your Majesty appointed a president and auditors for this extremity or beginning of the world; for at the very time when Governor Don Gonzalo Ronquillo had just died or was about to die, in this city of Manila, the Council, more than four thousand leagues from here, resolved upon and decreed the foundation of the royal Audiencia in Manila, and we came hither—as president and governor, Doctor Santiago de Vera; I, who was living quite neglected in Mexico, as first auditor; the licentiate Rojas as second auditor, and the licentiate Ayala as fiscal. It is said that another auditor, the licentiate Bravo, remained in Castilla; all of us excepting him came here. We set sail from the port of Acapulco on the ninth of March, according to the new computation of time which your Majesty, by order of the supreme pontiff, commanded us to observe. I mention this point because we who came enjoyed an experience never known before—namely, that while at sea we kept Ascension day, Whitsunday, Trinity Sunday, and Corpus Christi day; when we landed we kept and celebrated the same feast-days in Manila, because the new reckoning was not yet in force there, and does not come into effect until the fifth of October of the present year. It is a memorable event that according to the said new reckoning we arrived here on the twenty-sixth of May, and according to the old on the sixteenth of the same month. [5] The Audiencia was established with all the authority and pomp possible. We found the city burned down, and no habitable houses except those of straw, rushes, and boards, which could easily burn down again any day. Concerning this and other matters, a report will be sent by the president. The officials of the royal exchequer not only refused to lend me money, but did not even pay me more than half of the three months' salary due me from the time when I left Acapulco. The others have drawn their salaries from the time when they left Castilla, the president since he left Mexico, and I only from the day when we set sail. I am not unworthy of favors, most potent sire; for I have spent forty years in continual study, thirty of which have given me much experience in matters of justice and legal pleading, and this is well known in Mexico. If the records of the past be examined in the Council, it will be seen that in the ten or twelve months while I was fiscal of that royal Audiencia I accomplished more than did my predecessors for twenty years. Besides all this, I am a man of good repute. I was an advocate for the Inquisition during more than eleven years, namely, from the time when your Majesty established it in Mexico. My uncles and the relatives of Doña Maria de Sandoval, my wife, won Nueva España, as can be seen by the records of the royal Council of the Yndias; and no one is more worthy to receive the remuneration for his services than are my wife and I. By virtue of a decree ordering me to remove my entire family and household, the royal exchequer of Mexico lent me for the space of two years two thousand pesos to aid me on my voyage. This assistance was not sufficient, and, not being able to sell my estates, I was obliged to leave them deserted, because I had already sold my negroes. I shall be entirely ruined unless your Majesty release me from the payment of those two thousand pesos, or at least give me a continuance of ten years. I entreat your Majesty for this, since in order to foster decency among the women I brought here three sons and a nephew, whose exceedingly honorable and virtuous reputation is known throughout Nueva España, where I brought them up.
With the help of God, who in His infinite mercy made me pleasing and well liked, I shall endeavor to live, administer justice, and deal with others irreproachably. Since this is so, and I dwell in a land where there is so little stability and truth, I beseech your Majesty not to judge me without first hearing me. I greatly honor the president, and the authority which even a duke would maintain if he were here as your Majesty's lieutenant; for in distant regions this befits the service of your Majesty. Nevertheless, in what concerns the administration of justice, I strive to lose no opportunity. The president is in poor health at present, and I do not know whether in his letters he has touched upon the matters which I shall mention here.
I wrote from Mexico beseeching your Majesty, for the peace of the royal conscience and of the consciences of us who serve here, that a consultation be held to decide upon what shall be done with the Mahometans, of whom these islands are full. I sent a report, and said that, keeping the matter in mind, I would send a more detailed account from here; but I could not find time for study, on account of my continual occupation in the sessions of the Audiencia and rendering opinions. This year I am probate judge, and for the first four months of the year provincial alcalde; and since people find that matters are readily settled I am beset by the natives with their petty lawsuits. I wish that I might have had more time to collect what can be put together, and to write on law. However I shall not neglect perchance to make some slight report. The following is a clause from a letter of your Majesty which I found, addressed to the adelantado Miguel Lopez de Legaspi, the first discoverer of these islands, in effect this:
"We have also been petitioned in your behalf concerning the Moro islands in that land, and how those men come to trade and carry on commerce, hindering the preaching of the holy gospel and disturbing you. We give you permission to make such Moros slaves, and to seize their property. You are warned that you can make them slaves only if the said Moros are such by birth and choice, and if they come to preach their Mahometan doctrine, or to make war against you or against the Indians, who are our subjects and in our royal service. But in no way or manner shall you enslave the Indians who have embraced the doctrine of Mahoma; on the contrary, you shall endeavor to persuade and convert them to our holy Catholic faith by kind and lawful methods."
To make universal arrangements is to pass infallible rules, and in law we can hardly find such a rule; therefore we must distinguish in both times and occasions. With due respect, it seems to me that all Mahometans are enemies of the Church; and all the Ismaelites, their allies, confederates, and descendants must have the words of the Scriptures (as found in the 16th chapter of Genesis) written in their hearts: Hic erit ferus homo, manus ejus contra omnes et manus omnium contra eum. [6] Wonderful events occurred (and it would be well for your Majesty to have them examined and investigated) in the histories of Portugal, in the Decadas of Barros and in the books of Osorio, the good bishop of Algarve, [7]—who, by command of his Majesty the king, Cardinal Don Enrrique, wrote in Latin the history of the life, deeds, and virtues of the most renowned king Don Manuel, your Majesty's grandfather. All these books abound in accounts of field and naval battles, which the viceroys and captains-general of Malaca, Goa, Calicud, Ormus, and many other places, fought against well-known Moros of that region and those from Samatra, Java, and Bornei, who were aided by Turks, Mamelukes, Moors from Tunez [Tunis], and Moors who were driven away from Granada at the time of the Catholic kings. In a battle against Alfonso de Albuquerque [8] were seven hundred Mamelukes, three hundred Turks, and a thousand Moors from Tunez and Granada—sent there by the Sultan of Egipto [Egypt] before the Turks had defeated him. They peopled and filled these islands. Every year Turks come to Samatra and likewise to Borney; in Maluco and in Ternate these Turks are gathered against your Majesty, and have caused a great number of Christians who were instructed in the Catholic faith to apostatize. Moreover the king of that place is allied with the English heretics, and the Moros have inflicted terrible martyrdoms upon the Christians of these regions. The care with which the Turks have always offered help, both past and present, and that showed by the sultan at the time of Pope Julius the Second, is well known, and can be verified in the history by the said bishop of Algarve, book 4, folio 122. The sultan wrote to the pope, complaining of the said kings Don Manuel and the Catholic Don Fernando—saying that the Moors whom the latter had driven away from Granada and Castilla had gone to Egipto to complain; and that King Don Manuel was pursuing the Moors through the Red Sea and neighboring regions. He added that if this were not remedied, by ordering the said princes to desist from persecuting the Mahometans, he would destroy the holy house at Jerusalem and the sepulcher of the Redeemer. As can be verified, the letter contains many profane remarks against Christianity. It was sent by a Franciscan friar who lived in a monastery on the mount called Sion, and who was guardian there at Jerusalem. The said pontiff, as soon as he saw the letter, sent a copy of it to Castilla and Portugal through the same friar. King Don Manuel, your Majesty's grandfather, sent the celebrated answer to the pontiff, saying that he gave advice neither to the Apostolic See nor to the sacred council of cardinals; but what he answered (and he would do it with all his might) was to persecute Mahometans forever. He added that the Holy Father was much to blame for the sultan's pride, since he did not gather and unite in peaceful alliance the Christian princes, who were divided by wars in their own interests, and were neglecting so common an interest as that of undoing the power of Moors and Turks. He also answered that he understood his father and father-in-law, the Catholic king Don Fernando, to give the same answer. As I have said before, the histories of Portugal are full of these old enmities. It seems as if this evil sect had increased and multiplied in the West as well as in the islands and countries of the East. Indeed the various causes for this are to be found in the condition of these regions and in the measures, decrees, or instructions like those issued for Peru, Nueva España, and the other Yndias.
Concerning slavery, the main thing to be noticed is that we have here many kinds of slaves: some are slaves because their fathers and grandfathers were such; others sold themselves ad pretium participandum, either to make use of the money or to pay their debts; others were captured in war; others became slaves because, being orphans, they were held in that condition for food and expenses; others were sold in times of famine by their fathers, mothers, or brothers; others bear that name because of loans, for interest multiplies rapidly among the Indians and the Moros, and thus a poor man becomes a slave. There are men who become slaves on account of crimes, and failure to pay fines and penalties; and others for not having paid the tribute or tributes of their lords. Each of these reasons is an argument for justifying slavery. I chose to mention these details because it is proper to notify your Majesty and your Council of them.