9. Embassy sent to the king of Camboja; the building of ships; and the trade that has been established with him.
For the same purpose I despatched an embassy this year to the kingdom of Camboja, in order to ascertain whether it has suitable timber. I have heard that those who went there have been well received by the king, and that he is answering me by another embassy composed of his vassals. They say that he has never done so with anyone else, and that the building of a ship was already being begun. I am momentarily expecting a patache which was bought there, in which the ambassadors are coming. I trust that very many matters for relief for these islands and saving for your Majesty will be arranged with them besides the shipbuilding, as well as the advantage which the Catholic faith may obtain in this commerce. For some Dominican fathers whom I sent as chaplains for the Spaniards write me that they were very cordially received by the king, and that the latter had given them permission to build a church, and to baptize those who wished to be converted. [In the margin: “Have him advise us of the result, and approve what he is doing.”]
10. Embassy and trade with the king of Cochinchina
I also sent a message to the king of Cochinchina, with letters and presents, in order to establish a factory in his kingdom, both for the building of ships and for the exporting of iron and other metals—which can be imported from there at much less cost than what is now incurred here in the islands. I have already received a reply from the king, which contains many expressions of desire that what I am trying to do will be effected; and I am in hopes of accomplishing it this year. [In the margin: “Approve it and tell him to continue these efforts.”]
11. Message to the king of Sian, and the condition in which the punishment meted out to him last year has placed him.
As for the king of Sian, I advised your Majesty last year of the punishment inflicted upon him for his injustice toward the inhabitants of this city in keeping their goods. After having inflicted the punishment, I thought it advisable to send him a message through an experienced person of his kingdom, declaring what was intended by the expedition of the galleons to his river; and warning him to give full satisfaction, unless he wished the punishment to proceed further. The messenger found the king dead, and all the counselors removed who were in power at the time when the matter occurred, and the new king so fearful of the arms of your Majesty that he was afraid to despatch any vessel from his coasts. He has sent the messenger back to me with letters and presents, in which he begs for our friendship, and satisfies in words the injustice which his father committed. However, he does not make any active reparation, so that I am at present in a condition of continuing the chastisement or of accepting the reparation and friendship which he asks, as shall seem to me best for the welfare of these islands. This is a matter of importance, which I am communicating in order that what is most expedient may be carried out. [In the margin: “That it is well to continue demanding from him what his father owed.”]
[12.] Despatch sent to Japan in regard to the burning of the junk, of which advice was sent last year; and the controversy regarding this which the city of Macan has maintained with me.
Like efforts have been made to restore the trade with Japon, which was formerly of great importance to these islands. I sent a despatch to the governor of Nangasaqui, sending him forty-two Japanese whom General Don Juan de Alcaraso brought to me from a junk of that nation—which, as I advised you last year, he burned at the bar of the river of Sian. I offered them friendship and trade, giving them to understand that the burning was done without my orders; and that, if they would have trade and commerce with these islands as before, I would give satisfaction for the damage in the said burning. This despatch did not reach Nangasaqui in the time that I supposed, nor as yet have we heard from it. The news of the said burning having reached that same city [i.e., Nangasaqui] at a time when the Portuguese were there with the galliots that make that voyage, trading, with their merchandise, the Japanese attempted to attack them, and to force them to pay the value of the merchandise and the junk which were burned; and it is feared that thereupon they would lay an embargo on the three galliots. However, as yet we do not know with certainty or assurance, except that a suit was pending in the court of the king of Japon, the Portuguese claiming that they could not in justice be forced to repay the damage which the Castilians had done. Thereupon the city of Macan earnestly begged me to make satisfaction, and send the value of the cargo burned and lost in the said junk, in order to silence the Japanese. Being desirous of gratifying the people of Macan, and settling the matter, I called an assembly of theologians and jurists, in which I broached the subject. All agreed that so long as the Japanese persevered in locking the door to commerce with these islands, contrary to justice and reason, there should be no talk of giving satisfaction for the damage inflicted, until advice could be given to your Majesty—even though it should follow from this, by a casualty not intended, that the Portuguese with whom the said Japanese trade should have to pay for the loss. This will be seen more in detail in the authentic copy of the said council’s proceedings, which I enclose herewith, so that if perchance the city of Macan should petition your Majesty through the Council of Portugal to have these damages paid, no decision may be made in the matter until you shall have seen the motives which we have here for failing to settle it. In such case, I petition your Majesty also to be pleased to examine, with this section of this letter, that of another which I wrote in the past year of 628 in regard to the same matter. It will be considered that if the damage inflicted has to be paid for, it will fall upon those who did it. That would be the soldiers of this camp and the leader under whom they were, namely, the said commander, Don Joan de Alcarasso, who distinguished themselves greatly in your Majesty’s service in the said expedition of the galleons. [In the margin: “File, and have the fiscal examine it all.” “It was all filed and referred to the fiscal. It is answered on a separate paper.”]
13. Departure of Don Fernando de Silva, and difficulties that arose in it
Don Fernando de Silva (who is the person whom I found governing in these islands when I arrived here), exercising the permission given him by your Majesty by which he may enjoy for eight years the encomiendas held here by his wife for two lives, undertook to make his voyage this year. As I thought that a government permit in writing (as is usual with others who have not been governors) was unnecessary so that he might embark, I communicated the matter to the Audiencia in session, which was of my opinion. But the auditors added that the governor ought to issue an act by which he should notify your Majesty’s fiscal and the official royal judges that the said Don Fernando was leaving these islands, and that he thus informed them in case that they had anything to plead against him. I thought it an unnecessary proceeding, as the departure of the said Don Fernando de Silva was sufficiently public; yet, in order to comply with the opinion of the Audiencia, I issued the said act. The fiscal entered a demand that the said Don Fernando be commanded to give bonds, for himself and his agents and servants, to furnish residencia for the time while he had governed these islands, and to pay the judgment and sentence therein. A copy of this document was given to the party. He replied that the governor was not a competent judge of this article of residencia, but only the royal Council of the Yndias. I thought the same, and so did the government assessor. I ruled that the fiscal should demand what was expedient for him from the judge before whom he could and should appear by right. He appealed from this to the royal Audiencia, which declared that the governor was a competent judge, and that he ought to pass judgment upon this article. This matter has been examined and reviewed, without there having been found any decree of your Majesty which orders such a thing, or any precedent of a similar case made here or in Nueva España—not only as far as the governor, captain-general, and president of the Audiencia is concerned, but even for the officials of the Audiencia. They, having been promoted to other parts, have gone without giving their residencia or bonds, so long as that royal Council does not provide therefor. Consequently, notwithstanding what the Audiencia declared, I thought it wise not to set such a precedent, or cause such difficulty to the superior ministers of your Majesty (who would have them under your eyes, in whatever part they might be), so that you may order them to pay what they should be sentenced to pay in their residencia, when your royal Council shall decide that it be taken. I was obliged to make this decision by the consideration that it might happen that there might not be left to a governor persons who are under obligation to him in the country, because he has given to no one other things than what he has deserved, by which no one considers himself favored and obliged. And it may be that no one can be found to go bond for him; and it will not be right that he should have to remain in the Filipinas on account of not having bonds, if there is no commission to take his residencia. And this would weigh even more heavily upon the auditors, who have less power to give favors; and, when they were promoted by your Majesty, they would be unable to go to take charge of their places for lack of bonds. Thus they would remain in this land, exposed to innumerable affronts from those to whom they had administered justice, which is a thing that your Majesty ought not to permit to happen to your ministers. Although all these reasons were sufficient to decide me not to allow this innovation without a special order from your Majesty, there is, in the present case of Don Fernando de Silba, another very special consideration, since he is leaving an encomienda in this country with an income of four thousand pesos per year. That is the best bond that one can ask. Consequently, seeing that no detriment was being incurred in not taking the bonds, I decided the matter by declaring that I was not judge in this sense. I am sending the copies of the acts to that royal Council, so that your Majesty may be pleased, after their examination, to enact what may be considered most fitting, and with all distinctness, so that there may be no abuses here, and so that the governors who depart after the entrance of the other governors may not be harassed. With Don Fernando I have maintained very harmonious relations during the three years while I kept him here. On the occasion of this despatch, I have furnished him all the accommodations possible, assigning him forty toneladas of cargo to carry his goods, household, and servants. He is a person who is worthy of what favor your Majesty may show him, and will render excellent service in any employment that he may hold. [In the margin: “Refer it to the fiscal.” “It was referred. Answered on a separate paper.”]