[2] So in original; evidently an ironical comment.
[3] Our transcript reads “gente Religiosissima,” “a most religious race,” which is evidently intended for “gente Belicosissima.”
[4] Colin, Labor evangélica, p. 159, in discussing the events of Fajardo’s government of the islands says: “And inasmuch as there were many complaints of the annoyances imposed upon the Indians during Don Juan de Silva’s term, because of the construction of so many and so great galleons, he was charged to moderate that, and to endeavor to give relief to the natives; in consequence of which, as soon as he had entered by the strait of San Bernardino, he ordered two galleons which he found on the stocks there to be reduced in size. During his entire government he was very favorable to the Indians, and relieved as many of their burdens as possible. Therefore they loved him as a father. He also favored particularly the progress of the Spanish community, endeavoring to get worthy soldiers to become citizens there—to whom, for that purpose, he granted encomiendas and offices. By that means the soldiers were reformed, and many daughters of Spaniards who were without protection were married.”
[5] Retraido: one who has taken refuge in a sacred place.
[6] See this and other regulations concerning suits that affect auditors, in “Foundation of the Audiencia,” Vol. V of this series.
[7] The reading of this and following legal quotations of this document are due to the kindly cooperation of Dr. Munroe Smith, of the School of Political Science of Columbia University; Mr. Joseph FitzGerald, of Mamaroneck, New York; and Rev. José Algué, S.J., of the Manila Observatory. The passages allow for the most part, of only conjecture, while some portions are unintelligible.
[8] Mr. FitzGerald conjectures that ultra multa cum tiber farsnaci is equivalent to “many [passages, texts, authorities?] besides in Tiberius Farsnaci.”
Regni col[lectio]. Possibly the citation is from the Nueva Recopilación of 1567. In some contemporary Latin commentaries the Nueva Recopilación is described as Regiæ Constitutiones; in others as Collectio legum Hispania. Book 9, title 4 of the Nueva Recopilación deals with “los officiales de la Contaduria mayor.” Regni collectio would naturally refer to the Castilian law. Possibly, however, the reference is to some collection of laws for the colonies. The Recopilación de las leyes de Indias was not published till 1680; but, according to Antequera (Hist. de la Legislacion, p. 564), a previous collection of the colonial laws, down to 1596, was made “en cuatro tomos impresos;” also, early in the seventeenth century, “Se publicó como provisional el libro titulado ‘Sumarios de la Recopilación’ general de leyes.”—Munroe Smith.
[9] No ymperio, ni mero, ni misto. Imperio mero [i.e., pure authority], the authority that resides in the sovereign, and by his appointment in certain magistrates, to impose penalties on the guilty, with the trying of the cause; imperio mixto [i.e., mixed authority], the authority that belongs to judges to decide civil cases, and to carry their sentences into effect. See Novísimo Diccionario de la Lengua Cast. (Paris, 1897).
[10] ff = Digest (ff was a Lombard form of D), and the reference is to Justinian’s Digest, book 48, tit. 19 (de poenis) fragment 27, which begins “Divi fratres.” The last paragraph of this fragment empowers the Roman governor (præses) to arrest and imprison any of the leading citizens (principales) who have committed felonies. It is cited as a precedent in favor of the Spanish president.—Munroe Smith.