The Philippine Islands, 1493-1898 — Volume 22 of 55 / 1625-29 / 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

Letters to Felipe IV from Governor Tavora

Doubts in judicial matters

Sire:

1. Problems in regard to matters of justice are continually arising, of which to inform your Majesty, in order that you may have the advisable decision made therein, and so that the dissensions that are wont to arise here from such doubts may be avoided. In regard to the Spaniards and inhabitants of these islands, but one problem has arisen—namely, when an encomendero marries an encomendera, whether they may both retain encomiendas; or whether, after choosing the one that they may esteem better, the other should he vacated. The practice of these islands is that one of the two encomiendas is vacated. In virtue of that, your Majesty’s fiscal is at present petitioning before the royal Audiencia for the revenues of a certain encomienda given to a citizen. The auditors cannot find any order or decree from your Majesty, by which this is ordered. Consequently, there is not sufficient justification to declare judgment in favor of the fiscal. It will be advisable for your Majesty to declare it; and to my mind, in considering the fact that the encomiendas are few in number, it would be advisable that there be no change in the practice—namely, that by the very fact of an encomendero marrying an encomendera, they choose that encomienda from the two which they consider better; and that they leave the other, so that it may be regarded as belonging to another citizen. [In the margin: “Observe the decree in regard to this matter.”] [Note: “In this despatch arose the doubt that is written on a separate piece of paper enclosed with this letter. There it is decreed what must be executed.”]

2. In regard to the native Indians of these islands, I last year represented to your Majesty that it would be advisable to have judgments in their suits not rendered in the Audiencia, but by the government, by having one or two advocates or salaried men for that purpose, as is done in Nueva España, inasmuch as the same reasons exist here. I trust that your Majesty will have it considered, and answer in accordance with your pleasure.

3. The most usual doubts have been in regard to the Chinese or Sangleys who reside in these islands. An edict was published, at the instance of the inhabitants, in regard to the measures, quality, and prices of lumber, tile, brick, and other materials, in order to avoid the frauds and illegalities which were being introduced into this region, to the great damage of this community. The edict was published under the auspices of the government, and its execution was charged upon the alcaldes-in-ordinary. A few days after that a denunciation was made; but, when the alcalde tried to enforce the penalty, the Sangleys appealed to the royal Audiencia. The matter seemed a knotty one to me, because the edict was notoriously a government measure, and it was not advisable for its proper execution that the Sangleys be allowed such delays. I considered it best to advise the auditors of this, quoting to them the royal decrees, which ruled that they should not mix in matters of government. They, desiring to extend their jurisdiction, claimed that the trial of that appeal belonged to them, as well as the decision whether the penalty of the edict was excessive or not. I ordered the lawyers to be consulted, and all those here gave their opinion in writing, namely, that the Audiencia had no right to try such causes. Consequently, after having seen your Majesty’s decree of November 4, 1606, given to Don Pedro de Acuña, in which is stated the method that must be followed in such doubts, I resolved to order that the Audiencia should not try such appeal until your Majesty, after having been informed of the matter, should rule otherwise. [In the margin: “Have the fiscal examine it.” “It was taken to him.” “Answered on a separate paper.”]

4. Almost similar was another question that arose a few days after, when some Chinese merchants had been condemned, by the judge who visits the Chinese ships, to pay the penalty which they had incurred because of not having brought the ammunition and stores for your Majesty’s magazines which were ordered from them since the time of Don Juan de Silva. They appealed to the royal Audiencia, who ordered the judge to come to report on the matter. It seemed to me that the same argument ruled in that as in the preceding case, and even more closely, as it was a matter of war. However, I had the lawyers consulted again. They decided that it was a military matter, and that it did not belong to the royal Audiencia. Consequently, I ordered that they do nothing further in the matter until your Majesty should be informed. [In the margin: “Have the fiscal examine this also.” “It was taken to him.” “Answered on a separate paper.”]

5. Another appeal has also come in these last few days to the royal Audiencia from the governor of the Sangleys themselves. He is a person appointed to govern them in their own manner, and to take charge of the suits that are brought before him, written in the Chinese characters, and according, to their custom. And although I did not think that such appeals should be listened to, and gave my reason therefor, still the auditors persisted in endeavoring to try this case. In order not to irritate them, I have overlooked the matter, as it seemed to me that they could act in this case with less evil consequences than in the others. I advise your Majesty of it, petitioning you that it may be to your royal service to have the Audiencia notified as to what regulations cover not only the governmental and military suits, but also those of justice, touching the Chinese or Sangleys. For this some arguments occur to me, which I shall represent to your Majesty, in order to say at one time what I believe in this matter. [In the margin: “Take this to the fiscal also.” “It was taken.” “Answered on a separate paper.”]

6. The Chinese, Sire, who live in these islands are almost all infidels. Their god is silver, and their religion the various ways that they have of gaining it. Their nature is cowardly; and those who come to this country have so little character that, as they are not entitled to anything among their own countrymen, they come to get their livelihood among us, serving in the most menial trades. They engage in suits and disputes very readily, in which they threaten one another; and each day they arm themselves for their sinister ends. They have innumerable methods of hiding the truth. They furnish as many false witnesses as they choose, for, as they are infidels, they do not fear God; and as they are so greedy for money, they swear [falsely], and even sell their own parents. Their names and occupations are changed in every step, although for this there may be no better reason or argument than their own ideas. They are many strangers, coming and going. Every year some go and others come, and consequently, the uncertainty and confusion is unavoidable. They are as freehanded in their bribes as interested in their gains. As they have control of all the merchandise, trading, gains, and mechanical trades of the country, their extreme readiness to scatter bribes is remarkable. There is no Spaniard, secular or religious, who obtains his food, clothing, or shoes, except through them. Consequently, there is scarce a Sangley who does not have his protector. Among themselves they have great system and energy in all those of one trade acting together in all matters that affect them. They guard one another against the Spaniard to such an extent that, if I wish to change my shoemaker, I will not be able to find among all those engaged in that occupation another who will sell me a shoe. If anyone would dare to do so, the others upon his return to China would bring suit before their mandarins, and thus they would destroy him and all his relatives. [In the margin: “Take it to the fiscal.” “It was taken.” “Answered on a separate paper.”]

7. Therefore, since those of this nation are infidels and of so mean a condition, one can easily infer that to attempt to govern them with the method, rigor, and terms of our laws and regulations is the highest injustice and a great abuse. The usual method of judging them in their country is by a summary and verbal investigation, and an immediate punishment with the bamboo. The latter is the strap or whip which the mandarins always carry with them, as any superior is allowed to flog his inferior, without other justification or authority than that of his own plain reason. By that method is attained greater respect and obedience than in any other nation. We do not have less need for them to fear us and to obey our edicts, since they are our feet and hands for all that arises for the service of the community and that of your Majesty. But we shall never obtain that obedience and respect, unless we conform (as far as the Christian religion allows) to the methods practiced by their mandarins in commanding them. This consists in having them punished instantly by the nearest justices whenever they are found in disobedience or fraud—namely, their governor and the alcaldes-in-ordinary—without giving them any opportunity to go from one tribunal to another, or to drag them from one prison to another. In that they are the greater losers, as their property is wasted among the constables, attorneys, and notaries, all of whom are doing their best to skin [pelar] them. At the end, and in the long run, the truth is not laid bare, nor is the service of your Majesty accomplished. The Sangleys have so many methods of placing private persons, both religious and laymen, under obligation, by services and by presents, that when anything is ordered for them which does not suit them—even though it be for your Majesty’s service, or very necessary for the common welfare—they manage to prevent the execution of it by a thousand methods, of favors and negotiations. Therefore, if in addition to all the above, the door of appeal to the royal Audiencia be opened to them from what is ordered for them, well can one see that justice itself will become the obstacle of what it should be the support. [In the margin: “And this.” “It was taken.” “Reply in a separate section.”]