Don Alonso Fajardo de Tença
[This belongs to the second section: “Have a letter written to the viceroy of Nueva España, enclosing a copy of this section, and advising him at the same time of what is being written to the governor. Having informed himself of these disorders and lack of good management that have been observed in the government agents and persons who take part in that despatch of ships, he shall be advised that he must investigate and punish it. What results from that is being awaited for public example, which is so necessary, and for the better despatch of those ships. Inasmuch as both the remedy and the punishment are to be included in this investigation, you [i.e., the viceroy of Nueva España] shall endeavor to procure the execution of this with the earnestness demanded by the matter. In the future very trusty men shall be appointed, namely, men who do not commit the offenses and disorders so strongly prohibited. The vessels particularly shall sail very lightly laden, and in the order mentioned in the preceding section. Inasmuch as I understand that what the governor notes in his letter about sending unnecessary and costly things has been remedied, you are again charged to send a detailed relation every year to the Council of everything sent [to Filipinas], so that we may know what articles and products are sent, their prices, and whether they contain any things mentioned by the governor. It is a serious matter, and one that heavily charges your conscience and the reputation of the officials—who in that matter are aware that it is declared that in order to burden the royal treasury and to give advantages to third persons, opportunity is given for such actions. The service that you would perform would be very grateful to us, if you would advise us immediately of the condign punishment of any official guilty of such an offense; for it is a great offense for those who are placed in offices to protect the royal treasury, and to benefit the public cause, to convert the exercise of their offices into all manner of wrongs like this.”]
[Note to section 4: “Have a copy of this section sent to the [India] House of Trade. State that although the matter there mentioned has always been considered harmful to the general commerce of these kingdoms; and although the silver which must come here from Peru would in great part, if not all, be taken to Eastern Yndia, and delivered to our enemies, whereby two wrongs would ensue, since the Filipinas serve only as a station and bridge: still we have considered whether adjusting the matter in the following manner would be a suitable expedient, and one that would avoid all the troubles mentioned. That the reënforcements be sent straight to Filipinas from Panama, since it is a road so sure and favorable; and also, as pointed out in this section, one could take the merchandise from España that would be useful and valuable in Filipinas, with which the blessing of this trade could be enjoyed; and that the soldiers could sail from España until they should disembark for the short journey from Chagre River to Panama. In order to avoid any silver from Peru being taken in these vessels on their departure to Filipinas and so that the merchandise of those islands might not be brought to Peru on the return trip (which is forbidden), it shall be ordered that the return trip of those ships be to Acapulco, as now—prohibiting them under any circumstance from returning to Panama, Callao, or any port of Tierra Firme; and so that these boats should not remain [idle] in Acapulco without making a voyage, they might be used for the voyage to Peru, because of the permission that has been decreed for the preservation of mutual correspondence and trade between Peru and Acapulco. They shall advise us of their opinion, so that all expedient measures may be taken. Likewise have all the matter bearing on this in the Peruvian secretarial office collected, so that, upon the arrival of the relation from Lalasa, the most expedient measures in all things may be taken, and the [present] section of this letter answered.”]
[Note to section 13, which these decrees concern: “Have a letter written to the Audiencia telling them that inasmuch as it has been learned that some government officials, both lawyers and clerks, notwithstanding the prohibition decreed by royal acts, laws, and decrees—forbidding them to trade or engage in business, buy, sell, or lade vessels, themselves or through intermediaries, under the penalties contained in the said laws, acts, and decrees against all the aforesaid—secretly and clandestinely, under cover of intermediaries, make confidants of certain persons, so that, by means of the said trade, they not only become rich but prove an obstacle to the benefit of the royal revenues, besides causing other evils which are not mentioned because they are well known: for the correction of all this it has been commanded and ordered that if any of the said officials should be guilty of like transgressions, the president and governor and captain-general of those islands shall investigate and verify the aforesaid and send us a report, so that, after examining it, justice may be meted out and the fitting remedy applied. When the said investigation shall prove guilt, we have ordered the said president by an act, to sequester property, and to be rigorous in the sentence of this execution, according as we decreed it, and in the form ordered. In order that you understand this, this decree is despatched.” In another hand: “Despatch a decree to the Audiencia, so that if there should be any mutual doubt—whether any on the part of the president toward the Audiencia, or on the part of the latter toward the president, concerning the matters of ceremony that must be observed toward the said president and governor and captain-general of those islands and his wife—in such case, the claims of each side shall be considered with the modesty, gravity, and promptness that are desirable; and I shall be advised of the result, so that after examining it I may decree what is expedient. And inasmuch as time spent in such matters is not only the loss of time necessary for other things, but also the causing of certain rivalries harmful to the common welfare; and inasmuch as under this pretext they are accustomed to revenge themselves for certain causes of anger: in order to avoid disturbances from persons who are obliged to give so good an example, I thus also order and command, and desire that you understand that, together with decreeing what shall be expedient in such matters, I shall order that he who shall be at all guilty of this, or who should violate customs or make any demonstration at public celebrations that is observed, or who leaves the body of the church or the public place where he ought to be, be punished severely and exemplarily; for that very thing serves as a scandal to the public, and a bad example to all, and these acts would arouse mutual enmities, to the harm of the royal service.”]
[Note to section 20: “Have a letter written to the Audiencia saying that inasmuch as letters were sent to them in regard to these matters in the despatch of a former year, on such and such a day of such a month and of such a year, a section to the following effect (here insert the section). And now it has been learned by a letter from Don Alonso Faxardo, present governor of those islands, that those criminals have been set at liberty; and, in order that what happened in this matter may be understood, it is ordered that you send a copy of the records, together with the part of the fiscal, with a memorial collated by him of all that results from the deed; so that, having examined it, the expedient measures may be taken, and that the condition of everything may be understood. The memorial and the records which shall be remitted shall be communicated to the governor, so that if there should be anything of which to advise, he may do it.”]
[Note to section 22: “Have a letter written to the Audiencia and a copy of it sent to the governor, in which mention shall be made that although it has been ruled by royal ordinances and decrees, and by other divers letters and orders, as to those things which must be observed, and the official visits to the natives in all and whatsoever parts where there are missions and where justice is administered, this is not obeyed with the exactness required by the case; and on that depends the relief and compensation of the poor, and the punishment of those who live licentiously, or make bad use of their offices. The visits were introduced for the consolation and relief of the natives—not only on that account, but in order to ascertain the characteristics of each region, and the products and articles that can be produced in them and carried in case of need to any other region; and in order to take what measures may be advisable for justice and good government. It has been learned that this has not been done with the exactness required, and that on account of the personal occupation and toils that generally accompany it, you excuse yourselves and state other objections, in order not to make those visits; but I order you to busy yourselves in them, in accordance with the order that shall be given you by your president, Don Alonso Fajardo, who shall advise me of what shall be done in this. You shall take very special care to send a minute copy of the findings for the districts visited; for thus it is advisable for the good government and for the information that must be had of affairs there; and so that what has been ordered for the benefit of the natives may not be converted into mischief and burdens for them, especially since that land is pacified. It is ordered to you that, in going to make the said visits, you observe the order decreed, avoiding followers and retainers. And in order that we may have the satisfaction necessary from this, when you send a relation of the said visits, you shall send one of the men whom the visitor took with him, and an account of what occurred in this.”]
[1] One may see in this and subsequent marginal notes of this nature, in this and in other documents, the possible working of the Spanish government offices. The memoranda thus made on the margins of the document by the council or government representative in the king’s name, evidently formed the basis of the various decrees and orders despatched to the colonies, in regard to points brought out in the document that needed legislation. The document would probably be then turned over to the clerk or notarial secretary, who would have the decrees filled out properly, and in the stereotyped form, from these memoranda. Lastly, they would receive the king’s signature (rubrica). Each of the marginal notes on this and other documents, when made by king or council, is generally accompanied by a rubrica, which attests its legality. These notes often consist of two distinct parts, one of matter to be addressed to the governor, in which the second person is used; the other, directions to clerks in regard to what should be done on points called up in the document. These distinct parts have each their rubricas.
[2] See this note at end of the document, p. 167.
[3] See this note, post, p. 168.