The Philippine Islands, 1493-1898 — Volume 21 of 55 / 1624 / Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century.

by Unknown

10. The chief argument that induced his Majesty Philippo Second, our sovereign, to reëstablish in these islands, during the term of Don Francisco Tello’s government, the royal Audiencia which he had suppressed some years before, was in order that the governors might not be so absolute in regions so remote and so far separated from his royal presence, but that there might be a superior arm to restrain them, without allowing extortions on the innocent. That is a most pious act, and one experienced by all this community during the time of that sovereignty and superintendency in all things pertaining to justice, government, and war. If your Majesty be pleased to have it restored and reëstablished with the majesty and power with which it was founded, it will be of great service to God and your Majesty, and the consolation and relief of your vassals. For it is certain that three or four men view a cause which does not concern them with more impartial eyes than does one man who is sole and absolute, who is at times governed by passion, and consequently blind in what he orders executed. Although it be said that demands for justice may be made in the residencia—as if the poor man who suffers in person, property, honor, and at times in his life, would appear at the residencia; and, even if he were alive, could go to obtain satisfaction at that court [i.e., of Mexico], or have method or means to do so, even though his grievances were enormous and cried out to the heavens—well do I know that there are testimonies in that royal Council (since they have been sent from here) that say the contrary. But I equally affirm this to be the truth, as, to my positive knowledge, it actually occurs—more true than I would indeed wish, for it would be well if these things did not happen. And since this royal Audiencia has no more authority than at present, to suppress it will be of great service for your Majesty, and even necessary, as the poor auditors are as much annoyed and molested as are other private persons. What is worse, your Majesty’s authority has been seen humbled by so many nations who know that this Audiencia immediately represents your royal person. It will be less troublesome for us private persons to suffer than that so great authority be seen in such decay. I petition your Majesty to be pleased to have the importance of a matter of so great moment considered, as may be most fitting to your royal service.

It is a fact that this city of Manila, both at the instance of the governor and by its own action, has caused representations to be made in that royal Council, that this royal Audiencia should refrain from making appointments in which the children and relatives of the auditors occupy the best offices of war, without ever having fired an arquebus in their lives. These men become captains at one stroke, to the grievance of the old soldiers who have served, just as if your Majesty had not provided for this by making such men incapable of offices—in which intention, I consider, enter the offices of justice and war. However, even though it is not agreeable to them, it should be so understood; and if your Majesty be pleased to order this to be declared, and that favors and rewards for services can be expected only from your royal hands, this difficulty would be remedied. For I avow that it is vastly prejudicial, since, when a man has an auditor to defend his causes, and those inclined to him favor those causes, his negligence comes to be rewarded. In a matter of war, the present condition of things very often is wont to be of irreparable damage, as we in these islands have experienced on various occasions. [August 15, 1624.]

Royal Orders Regarding the Religious

Regulating their privileges

The King. Inasmuch as the king my sovereign and father (whom may holy Paradise keep) was informed that the religious who resided in the Philipinas Islands, busied in the instruction and conversion of the Indians, were meddling in things that did not concern them, he ordered Gomez Perez das Mariñas, then governor and captain-general of the Philipinas Islands, or the person in whose charge the government might be—by his decree, dated June eleven, of the former year five hundred and ninety-four—not to allow the religious to have prisons or jails, or to make arrests or condemn, unless they have commission from the bishop for the things in which he can give it in accordance with law; or not to appoint as fiscals others than those whom the bishop might assign them, together with other declarations contained in the said decree. Afterward the king my sovereign and father, who is in glory, by another decree dated May six, six hundred and fourteen, ordered the aforesaid to be obeyed and observed, according to its contents, without violating or exceeding its tenor and form, as is contained more at length in the said decree and its reissue, which are of the following tenor:

“The King. To Don Juan de Silva, my governor and captain-general of the Philipinas Islands and president of my royal Audiencia of them, or the person or persons in whose charge may be their government: The king my sovereign and father, who is in heaven, ordered to be issued and gave the decree of the following tenor:

”’The King. To Gomez Perez das Marinas, my governor and captain-general in the Philippinas Islands, or the person in whose charge may be the government of them: Inasmuch as I have been informed that the religious who reside in those islands, busied in the instruction and conversion of the Indians, meddle in matters that do not concern them, I order you not to allow them to have prisons or jails, or to arrest or condemn, unless they be those who have commission from the bishop for those things in which he can give commission in accordance with law; that they do not appoint or have other fiscals than those assigned them by the said bishop; and that they take no fees for burials, marriages, or baptisms, other than according to the appraisement and declaration of the said bishop. And inasmuch as I have been informed that they have proceeded in the exercise of their privileges, with an excess prejudicial to the suitable progress of the instruction, and that it would be advisable to declare what privileges be conserved and what revoked, in order to remove confusions and doubts—for they confess the Indians without the bishop’s authorization, and, although not curas, perform marriages, which is in direct violation of the ordinance in the holy council of Trent, incurring risk that the confessions and marriages are invalid: I order you likewise that you shall communicate with the superiors of the orders, and command them to examine the said privileges; and, unless they have such privileges, not to proceed in the matters here specified, because of the doubts and scandals that may result. Given in Madrid, June eleven, one thousand five hundred and ninety-four.

I The King
By order of the king our sovereign:
Juan de Ibarra‘

“And now it has been represented to me on the part of the archbishop of that city that none of the contents of the said decree are observed or obeyed with the exactness that would be fitting and expedient to the service of God and to my service. He petitioned me to order that it be strictly observed, as a remedy for the troubles that arise from it. Inasmuch as it is my will that this be done, I order you to observe, and to cause the said decree above inserted of the king my sovereign and father to be obeyed and observed, exactly according to its contents and declarations, without violating or exceeding in any part of it. This I shall regard with approbation; but by the contrary I shall consider myself as disserved. Given in Madrid, May six, one thousand six hundred and fourteen.