When I entered upon the functions of this office, I discovered a serious irregularity in the succession to encomiendas of Indians. Your Majesty commanded that such encomiendas should descend from father to son or daughter, and, in default of children, to the wife of the encomendero, definitely stating that the succession should come to an end there. Yet without attracting the attention of anyone, important as the matter is, the wife has succeeded to her deceased husband, and then after she has married a second time and has then died, the second husband has succeeded the wife, and so on ad infinitum. Thus it has come about that nearly all the encomiendas are far from their original assignment, the majority being in the hands of undeserving persons. The result is that it is a marvel if an encomienda is ever vacant; for none has been regarded as vacant unless the possessor has died without being married or without issue. Since this wrong is universal, and is of great importance—affecting, as it does, the common interests of all the islands—I have deemed it proper to advise your Majesty of it, in order that you may ordain that which shall be most to your Majesty’s service. This may be carried out by commands given by your Majesty to the governor to declare all encomiendas vacant in which the rule of succession shall have been transgressed. Then since some of them are in the hands of deserving persons, in spite of the improper way in which they have been obtained, they may be regranted; while many others will remain unassigned and open for granting to soldiers who have served, but who remain in poverty and almost in despair of ever receiving a reward. The only reward in these islands is the encomiendas; and, as they are perpetuated in the way described, one is never vacated except in very unusual circumstances—unusual, that is, for this country. Here, for a woman to be of advanced age is not enough to prevent her marriage, so much is the succession to her encomienda coveted. The reason for failing to institute proceedings against all these people is, that they are in possession; and if proceedings follow the law of Malinas the cases can take no less time than would be consumed if your Majesty were to command them to be declared vacant, as I suggest. As for those which have been vacated during my term of office, I have begun to put a stop to this improper custom, and shall continue to do so until I am informed of your Majesty’s commands. It is desirable that these be sent very promptly and clearly, since correction of this evil will be rendered very difficult if there is any uncertainty.
The same illegality occurs in another way: an encomendero dies, and is succeeded by his wife; if she marries and has children, these have succeeded her, and even, when they are married, their wives or husbands succeed them. This is contrary to the statute that the succession shall end with the wife of the first encomendero. For all this your Majesty will make suitable provision.
By a section in a letter from your Majesty to Don Pedro de Acuña, late governor of these islands, your Majesty commands that the wine for celebrating mass which was provided to religious in charge of the instruction of Indians on private encomiendas shall not be given by the royal exchequer. This decree has caused resentment on the part of those concerned. They instituted legal proceedings against the execution of the command, claiming that the previous usage should prevail, and affirming that the wine is thus furnished in Mexico and Piru. I presented decrees showing that this is a grant made by your Majesty to the religious of those provinces for a limited time; and the Audiencia, on appeal, directed your Majesty’s commands to be executed. The encomenderos declare that your Majesty should meet this expense, and are sending documents on the subject. I give this information in order that your Majesty may be assured that this is entirely an act of bounty on your Majesty’s part, and that your Majesty has many obligations and expenses on these islands, which must be met; and that since your Majesty gives the wine on the royal encomiendas, they can and should provide it on their own.
Your Majesty has commanded that no offices or places of profit shall be given to those who hold Indians in encomienda. There are some encomiendas so small that they are insufficient as a means of support, and sometimes these are held by persons very well fitted for such offices as are to be granted. It would be well if your Majesty should command that which shall be most to your service on this matter, that no doubt may exist. The fiscal my predecessor, whenever offices were given to such encomenderos, was accustomed to begin suit appealing from the governor’s appointments; and he likewise appealed and brought suit against some of those to whom the governors made grants, on the ground that they were against decrees and the instructions of the governor. This was a fruitful source of irritation, the governors declaring that the offices are thus granted for the good of your Majesty’s service, although it appears that the appointees are making gain of them. Since that which has occurred and that which may occur is of moment, your Majesty will ordain according to your royal pleasure, observing that the governors are subject to residencias, and that it is difficult to bring a lawsuit with reference to every one of their decisions made after this manner, or to undertake to settle the question whether or no such decisions are proper.
This city of Manila is very near the villages of some Indians who support themselves by agriculture. If there are any places unoccupied they use them as sites for dwellings. They make use of the grass to cover their houses and also to cover their fields, for they always keep these covered thus during the time while the crops begin to grow. These Indians have suffered great oppression, for there have been established in the vicinity of this city more than twenty-four cattle-farms. From very small beginnings they have multiplied so greatly that in some there are more than four thousand head, while all of them have more than a thousand. These cattle, on account of their number, spread and wander out of bounds, and do much damage. Finding this wrong in existence when I assumed office, I began some suits to cause the cattle-farms to be abandoned. On one of the farms, which belonged to Captain Pedro de Brito, near the villages of Capa, Namayan, and Santana, the Audiencia on appeal decided that he must keep his cattle within bounds; and that such cattle as might be found straying might be killed by the Indians who found them in their fields. Being a wretched race, they dare not do this, and suffer much from this and other causes. There are some persons who charge Indians with having wronged them, and who take the Indians into service that they may work off the damage done. So far is this custom carried that the service is converted into slavery. There is now a great abundance of cattle outside of this district, and so many cattle-farms are not needed. It would be well for your Majesty to command that all of them within three leguas of towns and cultivated areas should be abandoned, in order that this molestation may cease.
The province of Panpanga is twelve leguas hence. It is the most fertile in all the islands, and the inhabitants have done more in your service than have any others. It lies low and is bounded by some mountains which slope down to it. The natives of the mountains are called Zambales. They are a race that live like beasts, without settled habitations; and they are so murderous that their delight is cutting off heads. For this purpose they come down upon this province, and, as its inhabitants are a race entirely devoted to agriculture, they take them unawares, and have wrought and do work great outrages upon them. The effort was made to put a garrison in their country, and some Spanish troops were stationed there. Since the country is rough and mountainous, it is impossible to march in it; and as there is no certain day on which the attacks of the mountaineers can be anticipated, it is impossible to prevent them. The Panpangans have often asked for permission to destroy these others, by killing or enslaving them; but no decision has been given them in all the years during which the matter has been discussed. The remedy for the evil is easy, for if they be given for a time as slaves to any man who can capture them, this will encourage the making of inroads upon them. This has not been done, because of your Majesty’s commands not to enslave any of the inhabitants of this archipelago and island. This would he a temporary slavery, and by it much or all of this evil described would be corrected; and the expense which it causes would be prevented. The same thing happens in the mountains of Yllocos and in other regions, for every day the mountaineers attack and murder members of the tribes at peace—who, as they have no permission to kill them and no hope of making use of them, permit them to return and harass them.
In this matter of slavery there has recently arisen anew a great problem. This is that among these Indians there is a custom that while [in Spanish law] the child follows the womb, among them it likewise follows the father by half. Thus the son of a free mother and a slave father was half slave, like the son of a slave mother and a free father; so there were slaveries of the fourth and eighth part. The former Audiencia, regarding this as absurd, commanded that the rule should no longer be observed, and that the son of a free mother should hereafter be free. This decision, being accepted without difficulty, produced no opposition, and many were in the enjoyment of liberty who had been married as freemen, and were such. But now, in a late case, the Audiencia has decided that the old custom shall be observed. Hence much disquietude has resulted; for, in addition to the infinite number of suits as to freedom, there is now much trouble as to marriages. This race is very fickle in that matter; and some who were married as freemen are already talking of having their marriages annulled by saying that they are slaves. Since in all these years there has been no disturbance regarding this matter, I trust that your Majesty will ordain that the disposition of the former Audiencia may stand.
On the death of Francisco Sarmiento, who held the office of government secretary of these islands, and on the renunciation of it by Gaspar de Azebo, who bought the office in the time of the former Audiencia, the governor, Don Pedro de Acuña, granted the office to Antonio de Ordas, who acted as his secretary. This was at a time when your treasury was in very great need, and suffered most urgent demands upon it, especially for the building of a ship to go to sea that year. The governor planned to sell this office, and for that purpose the said Antonio de Ordas surrendered it; but when they set about executing the governor’s purpose this city interposed with objections, and presented a petition that it might not be sold but might be given as a grant. The basis of their contention was that your Majesty had commanded in one section of the instructions given to Gomez Perez as to the sale of clerical offices that they should be thus managed, and should be given as grants to the well-deserving. It was urged that this should be understood of all such offices, not only of government but of the court of the Audiencia. I opposed the city, and found a special decree to the effect that these two offices should be sold. This decree was issued in the time of the former Audiencia, and in conformity with it this office was sold. Alleging that the said Ordas, although he had already received that grant, renounced it so that the office might be sold, and a way be found for meeting urgent necessities, I succeeded in effecting the sale, which was made for seventeen thousand pesos to Gaspar Albares, who paid down that sum, with which many matters were attended to. It was distributed in accordance with the decision of the Audiencia in meeting the most important demands, and especially in paying for the building of the said vessel, which would otherwise have been impossible. I also brought forward the argument (which I refer to your Majesty) that an office of such value is a very large grant in these islands; while those who are entitled to receive favors—that is to say, soldiers—are not fitted for such offices. I add that your Majesty is very poor here, and needs to take advantage of all resources. Thus your Majesty will command that which will be most to your service; for all these measures have been taken on condition of receiving your Majesty’s approval.
Among the irregularities which I discovered was the following. Although your Majesty has commanded that clerical offices shall not be resigned more than once, and that the resignations shall be confirmed within a limited time, still, of four public notaryships which are in existence here, three have been resigned three or four times, without receiving any confirmation; but from the sales and resignations it has been customary to place a third part in the royal treasury. I entered an action to have them declared vacant; and after having carefully considered the question, I found that if they were to be granted as a royal bounty, and then were vacated, your treasury would be the loser by being obliged to return the thirds which it had received. On this basis, it is better that things should continue as they are. I have arranged that if they should be vacated they may be sold; for the demands upon the treasury are many. If this plan shall receive your approbation I shall bring the cases to a conclusion; if not, I shall suspend them until your Majesty gives such commands as are most for the good of your service. When these notaryships have been resigned they have brought eight hundred pesos, and latterly one thousand two hundred. They are now worth more than three thousand, so that with a single one it would be possible to pay everything due for the thirds on all. This will remedy something of the much which requires remedy. The same thing can be done with the clerkships of registry, which will be worth more than eight thousand; and with those of probate and of the estates of deceased persons, which will be worth another good sum; and they have all been given for nothing.
It has been very unfortunate that the funds which your Majesty has commanded and decreed to be set aside for special objects have been employed for other purposes. This has been especially the case with the fund for prebends and for the payment of troops, which should be performed with the utmost regularity. I have done all I could to put this in order; but since the current from the past was very strong it was impossible to accomplish my purpose. The reason given was that one fund ought to aid another. The evils resulting are serious; for both ecclesiastics and soldiers perform their service, and all they get is nothing but poverty. Hence they lament with reason that their salaries are not paid to them. This is a reason that the soldiers are wretched and poor, some of them going about begging for alms. An attempt will be made to correct this when new officials of your exchequer enter their offices; and more certainly your Majesty will provide relief in this direction, so that the soldiers’ pay may not fall into arrears. If the Audiencia had not assumed authority to set apart in the treasury the money which came [from Mexico] during the preceding year, one thousand six hundred and five, for persons who had died in previous years in the war with the Sangleys and in other conflicts, to be used to pay the soldiers, it would have been a very great misfortune. With this the matter was set right, and the pay has been kept up; but your Majesty has been obliged to remain in debt for the sum which was taken for this purpose.