[Appended to this letter are the following documents:]
Second Council in Regard to the Injuries Committed on the Japanese Boat Which Was Captured in Sian
In the city of Manila, on the sixteenth day of the month of January, one thousand six hundred and twenty-nine, Don Juan Niño de Tavora, knight of the Order of Calatrava, comendador of Puerto Llano, member of the Council of War of the king our sovereign, his governor and captain-general of the Philipinas Islands, and president of the royal Audiencia therein, called a meeting of theologians and juries in order to discuss matters of his Majesty’s service, and those touching cases of conscience and justice. And in the royal buildings and the palace of the governor’s dwelling, in the presence of Licentiate Marcos Çapata de Galvez, fiscal of the said royal Audiencia; the reverend fathers, Fray Domingo Gonzalez of the Order of St. Dominic, commissary of the Holy Office and rector of the college of Sancto Tomas; Fray Juan de Montemayor, of the Order of St. Augustine, Fathers Diego de Bobadilla and Francisco Colin of the Society of Jesus of this city, father Fray Gaspar de Santa Monica, lecturer on theology in the convent of St. Nicolas of the Order of the discalced Augustinians; and Licentiate Don Rodrigo Gonzalez de Varreda, his Lordship’s assessor; and all being assembled: the lord governor ordered me, the present government secretary, to read a paper, which his Lordship gave me for that purpose. I read it, and it was of the following tenor.
“In May of one thousand six hundred and twenty-eight, there took place at the bar of the river of Sian the capture and burning of the junk from Xapon, caused by our galleons. In July of the same year, it was decided, at a meeting of four theologians and two jurists which was called to discuss the matter, that this act had been unjust, for lack of authority by him who did it; and that, accordingly, the one who caused the damage was under obligations to make it good to the Japanese.
“That satisfaction has not been discussed as yet, except that the king gave liberty to the Japanese who were captured; and they were made ready to be sent to their country with messages for the governor of Nangasaqui. These were to the effect that keen regret was felt over the illegal act recently committed by our galleons; and that as to the value of the junk and its cargo, order would be given to make complete reparation, if the Japanese would open commerce with this city, as was done in former years, and as they now have with the Portuguese. Of the contrary, in case that the Japanese refuse to open commerce, nothing was said; nor did it state who was the principal cause, but gave the order for the damage. No investigation or effort has been made in regard to reparation, but a reply is being awaited to the message which was sent to Japon, so that the government might know what ought to be done and ordered.
“The reason for this suspension or omission on the part of the government has been because we considered that the king our sovereign has a legitimate cause to make war on the Japanese on account of the faith which they so cruelly persecute; and because all who leave Japon in order to ship goods have to deny the faith before embarking, at least to outward appearance, and unite with the heathen in order to persecute the faith. Thus it is believed that these islands have an especial reason to consider themselves aggrieved by Japon. 1st. Because the Japanese have prohibited commerce without other reason than the faith, and that with so great severity that a ship which sailed secretly from the districts of Arima and Omura for these islands having put back, and the Japanese ascertaining whither it was bound, that resulted in the loss of many lives, and in most cruel injuries to the Christian people there. 2d. Because the Japanese refused to receive the ambassadors who were sent from here in order to bring about peace and harmony between these kingdoms. 3d. Because of the old-time robberies which were made in the time of Taicosama, and by his order, of the goods of the galleon ‘San Phelipe,’ which put in at their coasts because of bad weather—the Japanese martyring on that occasion the religious of St. Francis who protested against the injustice; and Taico declaring war against these islands in the endeavor to make them tributary, and for some years sending a number of ships to infest, as they did, these coasts; and although peace was made afterward in the time of Daifu, and commerce was reopened, still they never gave satisfaction for the wrong committed, nor did we obtain damages for it. Consequently, as soon as the peace was broken, on account of Daifu, and because they deprived us of commerce with them, it appears that they again revived the past insults and that they are vigorously demanding their right of procuring redress. 4th. Because from the time when our ships put in at Japon, and the Japanese had news of the richness of these islands, they have always tried to conquer them, by endeavoring to get a foothold on the island of Hermosa, in order to make it a way-station for the conquest of Luzon. That has caused the governors of Philipinas to make great expenditures and vast preparations during the past few years; and but recently it is learned that discussions of this kind are rife in Japon, and that their reason for not doing it [i.e., conquering the islands] is not the lack of malice but of power.
“For all the above reasons, it was nevertheless doubted whether the capture and burning of the said junk were unjust, if, now that it has been done, the king our sovereign could avail himself of these wrongs as a beginning and part of the compensation; and if those who govern these islands in the name of his Majesty could remain firm, and order the person who committed the injury not to give any satisfaction so long as they make no reparation in Japon—or at least so long as they do not desist from the aforesaid injuries, by opening commerce, or in some other manner that may be advantageous to these islands. In virtue of that doubt the discussion of the question of satisfaction for the injuries has been neglected until now by the government. The government has contented itself with the aforesaid measures of granting liberty and accommodations to the Japanese, and a message which was sent to the Japanese—to which the reasons and consequences of state that existed for it obliged us.
“One of these reasons was that one now urged by the correspondence with Macan, upon whose commerce Japon might perhaps fall in order to obtain reparation for the injury which this government might inflict upon them, as we see has been attempted. The city and commandant of Macan request these islands to make reparation immediately for the goods, so that the difficulty may not recoil upon them, to the damage of their goods and of the commerce between Yndia and Japon, which they declare to be of great importance for the preservation of Christianity in those islands.”
And having finished reading the said paper in the said meeting, his Lordship requested those present to give him their opinions in regard to its contents, so that the most advisable measures might be taken for the service of his Majesty and for the relief of his conscience.
All the said assembly having heard and understood the contents of the said paper, above incorporated, and conferred regarding it and what in conscience they ought and could do, voted unanimously and as one man that the king our sovereign and these islands have sufficient cause in law to avail themselves of these wrongs which were committed by our galleons without their orders, and to take them as a beginning and part of the reparation; and that, so long as the Japanese did not give satisfaction for the aforesaid wrongs, the lord governor ought not to order any reparation to be given; for the right to take reparation, when the party owes it and does not give it, is plain. In the present case, it is certain that his Majesty could with justice order the said loss, and even greater, to be inflicted upon the Japanese, in retaliation for the injuries committed on the faith and these islands. And since he did not order it, but it is done, he has an undisputed faculty and right to avail himself of the wrongs committed. Thus it appears that there is no doubt that his Majesty’s officials are not bound in conscience to make reparation to those of Japon until his Majesty is advised of the case, so that we may see whether he wishes to avail himself of, or to have these islands avail themselves of, his right. In regard to the mention of the injury that may follow to the inhabitants of Macan if reparation be not made immediately, as yet we do not know that the latter have shipped anything; and even if they had, Macan, in order not to break with Japon, would have to pay the value of this junk, since that is an incident not reckoned on by Manila, but one which this city rather tried to obviate by all the means which were readily feasible, such as giving liberty to the prisoners, sending an embassy and messages of apology to the Japanese, and pledging immediate reparation for the injury done to their property, if they would open trade and make peace with these islands. So long as they do not do this his Lordship appears to be fulfilling the demands of conscience by informing his Majesty of what is happening, so that as sovereign of both states [i.e., Manila and Macan], he may order what is to his royal service. This is their opinion, and the said father Diego de Bobadilla said that the opinion does not state anything as to who ought to make reparation for the said injuries, nor do they consider that; because it does not pertain to them to give any opinion or judgment on that point, but only to state who would have authority for doing it.