Read Ebook: The Philippine Islands 1493-1898 — Volume 23 of 55 1629-30 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 by Bourne Edward Gaylord Commentator Blair Emma Helen Editor Robertson James Alexander Editor

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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.

The bridge which I began in this city is now in such a condition that we can cross by it. It will be finished in a couple of months without having cost the citizens or your Majesty a single maravedi. The Sangleys have built it from their common fund, with which they have been freed from the amount that the ferry-boat cost them. The latter belonged to the hospital of the same Sangleys, which is in charge of the Dominican fathers; and it netted them at least two thousand pesos annually. They maintained themselves with that sum; and accordingly, so that that hospital, so necessary for that nation, might not be left without support, it has seemed best, with the consent of the Audiencia, to assign to the hospital the same sum of two thousand pesos per year from the common fund of the same Sangleys, with their consent. Thus will it be done, and the Sangleys do not pay any ferry rate, but support the hospital, in which they are treated, from their common fund. Your Majesty is patron of it as ever, the fathers happy, and the poor well provided for.

I hope to construct other works this year, if our Lord gives me life, with which this city will be no less beautified. There has been but little health in this city and its environs this year, with many sudden deaths, both of Spaniards and Indian natives and slaves. Among others has passed away the archbishop Don Fray Miguel Garcia Serrano, who died on Corpus Christi, as is written at greater length in the letter touching the ecclesiastical estate.

Just as I reached this point in my letter, and when about to seal it, I received news that the two ships which sailed for Nueva Espa?a last year for the re?nforcement have returned with it; and that they have made port in different parts of these islands, because the weather did not allow them to reach this port of Cavite. They left Nueva Espa?a late, and the vendavals set in early. Hence the voyage has been one of hardships, and it was a great mercy of God that they were able to make the islands, although not little is the discomfort and not few the additional expenses that have been incurred because of their inability to make this port. What I grieve over most is to see the inadequacy of the aid, which does not reach two hundred and fifty thousand pesos, while I informed the viceroy that we needed four hundred thousand, as I wrote last year. Consequently, I again petition your Majesty in the same terms as in that letter, to be pleased to endow these islands with the said sum, so that it may not be at the will of the viceroys of Nueva Espa?a to discontinue sending it. This is the chief point, and on it is based all the government of these islands, so that we may be able to give a good account of them to your Majesty.

The viceroy of Nueva Espa?a asks me for bronze artillery with which to fortify the fortress of San Juan de Ulua, sending me twenty-four thousand pesos for the expense of it. Although the ships have arrived so late that I have had no time to cast it in the quantity and of the quality that he asks, I am sending him the equivalent in eighteen excellent pieces from what we have already manufactured, with which I think that that fort will be well defended, and the viceroy will have the pieces with which to go to succor the fort if it should be necessary. He tells me that he wishes some of the artillery which he has asked of me for that purpose.

May God preserve the Catholic and royal person of your Majesty with the increase of kingdoms and states that is necessary to Christendom. Cavite, August first, 1629. Sire, your Majesty's humble vassal,

In the city of Manila, on the sixteenth day of the month of January, one thousand six hundred and twenty-nine, Don Juan Ni?o 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 ?apata 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 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 , 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.

His Lordship, having seen the above opinions, declared that he was in accord with them, and that he is doing what is mentioned in them in the manner which seems to his Lordship best. He affixed his signature, as did the rest of the said assembly.

We, the undersigned notaries, attest that Andres Martin del Arroyo, by whom these copies appear to be signed and sealed, is a notary of the king our sovereign, and exercises the office of chief government and military notary of these islands. The copies and other matters that pass and have passed before him are given and have been given entire faith and credit, both in and out of court. Given in Manila, July three, one thousand six hundred and twenty-nine.

In the city of Manila, on the sixteenth of July, one thousand six hundred and twenty-nine, Don Juan Ni?o 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 these Philipinas Islands, and president of the royal Audiencia therein, declared that, inasmuch as Don Fernando de Silva, knight of the habit of Santiago, former governor and captain-general of these islands and president of the royal Audiencia therein, because of the death of Don Alonso Fajardo de Ten?a, is to go to Nueva Espa?a this present year, and to take his wife, Do?a Maria de Salazar, and his household and family: therefore he ordered--and he did so order--that if the fiscal of these islands and the royal officials have anything to plead against the said Don Fernando de Silva, whereby he should not make his voyage without any hindrance, they do it within the following day. Thus did he enact and order, and he signed it.

Before me:

In Manila, on the seventeenth of July, one thousand six hundred and twenty-nine, I, the notary, read and announced the act of the lord governor, contained in another part of this, to Licentiate Marcos ?apata de Galvez, fiscal of the royal Audiencia of these islands. Having heard it, he said that what he has to demand is that the said Don Fernando give bonds to furnish residencia, both for himself and for his agents and servants, for the time while he governed these islands; and to pay the amount to which he should be adjudged and sentenced, and that he leave a person with accepted powers to give the said residencia. Thus does he request his Lordship to order, as that is justice. He signed it, and will request it by petition.

Before me:

In Manila, July seventeen, one thousand six hundred and twenty-nine, I, the notary, announced the act of the lord governor, herein elsewhere contained, to the treasurer, Juan Ruiz Descalona, official judge of the royal exchequer in these islands. Having heard it, he declared that he does not know whether Don Fernando de Silva is indebted to the royal treasury. If he is not, then he does not know of any reason why, in what concerns this matter, there should be any obstacle to prevent his journey. He signed the same.

In Manila, July seventeen, one thousand six hundred and twenty-nine, I, the secretary, gave notice of the act of the governor and captain-general, on the preceding leaf, to the accountant, Martin Ruiz de Salazar, official judge of the royal exchequer in these islands. He declared that when Don Fernando de Silva was governor he ordered and commanded some things contrary to the ordinances in regard to payments which were made from the royal treasury, as he thought them expedient for his Majesty's service. There is nothing evident today in the royal accountancy why he should be detained, for this concerns the residencia which he should give, with the bonds which the fiscal demands shall, according to law, be furnished in residencias, to pay the sum to which he may be adjudged and sentenced. It is well provided, except, etc. He signed the same.

I, Licentiate Marcos Capata de Galvez, his Majesty's fiscal in this royal Audiencia, declare that the government secretary, Andres Martin del Arroyo, notified me of an act of his Lordship, in which he orders me to plead what there may be to plead against Don Fernando de Silva, knight of the habit of Santiago, and that the same act be made known to the royal officials, in consideration of the fact that he is to make his voyage to Nueva Espa?a this year. Since the said Don Fernando should give his residencia for the time while he was governor of these islands, it will be advisable for your Lordship that, if his departure be effected, he shall give good and creditable bonds to furnish the said residencia for himself and for his agents and servants, and to pay the sum to which he may be adjudged and sentenced, leaving a person with accepted powers who may give it for him. This being complied with by the royal exchequer, I have nothing else to require. I request and beseech your Lordship to have the said Don Fernando give bonds to pay the sum to which he may be adjudged and sentenced in the residencia which he shall furnish and that he leave a person with, accepted powers to give it when his Majesty orders it, for all this that I request is justice, etc.

Cavite, July eighteen, six hundred and twenty-nine. Copy for Don Fernando de Silva. Thus he enacts, together with his counselor. At the bottom of this decree are two rubrics, one of the lord governor and captain-general, and the other of Licentiate Don Rodrigo Gon?ales de Barreda, his counselor.

I, Don Fernando de Silva, knight of the Order of Santiago, former governor and captain-general in these islands and president of his royal Audiencia for the king our sovereign, in answer to a writ presented by his Majesty's fiscal, in which he declares that he has been notified of an act of your Lordship ordering him to plead against me whatever he might have to plead, in consideration of the fact that I am about to go to Nueva Espa?a; and who demanded that I be ordered to leave bonds for the sum to which I might be adjudged and sentenced in the residencia that is to be taken from me, and a person with accepted powers to furnish my residencia for me when his Majesty orders it: declare that notwithstanding that the said act could not be pronounced by your Lordship, nor the said demand made by the fiscal--which is an innovation that until today has not been made with any of the governors, or with any other official of his Majesty among the number of those who must give residencia of their offices when and before whom the royal pleasure dictates-- yet, without prejudice to my right, and without attributing to your Lordship greater jurisdiction than what belongs to your office, because on my part there is no cause to refuse what the said fiscal demands, and in order to avoid the trouble which might ensue for me if my voyage were hindered or delayed by opposing the said demand at a time when the ships are so soon to set sail, I am ready to give the said bonds, that I will furnish residencia for all matters in which by law I ought to give it, and that I will pay the sum to which I may be adjudged and sentenced in the residencia; and, besides, to leave a person with accepted powers who shall give my residencia for me when his Majesty orders it. I request and beseech your Lordship to receive from me the said bonds by the present notary, for which, etc., and in all justice.

In the port of Cavite, July twenty-three, one thousand six hundred and twenty-nine, Don Juan Ni?o de Tavora, governor and captain-general of these islands, having seen this petition of Don Fernando and what was demanded by the fiscal regarding the bonds to give residencia for himself and for his servants and agents, for the time while he was governor and captain-general of these islands and president of the royal Audiencia therein: declared that the fiscal should plead what he had to plead in this regard before whom and with what law he ought and could plead it. Thus did he order, and he signed the same, with the advice of his counselor, who signed.

Before me:

In the city of Manila, July twenty-three, one thousand six hundred and twenty-nine, I, the present secretary, read and announced the act enacted by Don Juan Ni?o de Tavora, governor and captain-general of these islands, to Licentiate Marcos ?apata de Galvez, fiscal of this royal Audiencia, in his own person. His Grace said that talking with the due respect, he appeals to the president and auditors of the said royal Audiencia, and requests the government secretary that, in accordance with the ordinance, he go to the Audiencia to make a report of this cause. This was what he gave as his reply, and he affixed his signature thereto, witnesses being Licentiate Pedro Lopez and Juan de Ca?eda, residents of Manila.

Before me:

In Manila, on the said day, month, and year, I, the undersigned notary, gave notice and summoned in due form, for the appeal interposed by the fiscal, and at his request, Don Fernando de Silva, in his own person. He said that he hears it, and regards himself as summoned. Witnesses were Captain Don Manuel de Torres and Alf?rez Bartolome Gomez, and I attest, the same.

Before me:

Most potent Sire:

I, Don Fernando de Silva, knight of the Order of Santiago, your former governor and captain-general in these islands, and president of the royal Audiencia, appeal from the act of the Audiencia of the twenty-fourth of this month of July, only in regard to their ordering returned to your governor and captain-general the cause which your fiscal of this royal Audiencia is prosecuting, by which they order me to give bonds that I will furnish residencia of the said offices and pay the sum to which I shall be adjudged and sentenced in it, as I am about to go to Nueva Espa?a. It was declared in the said act that the said your governor and captain-general was a competent judge to try the said cause. That said act, only as far as the said declaration is concerned , must be revoked as a general rule, and because I am, by having exercised the said offices of president, governor, and captain-general, immediately subordinate to your royal person and to your supreme Council of the Indias; and no other judge or tribunal can take it upon themselves to try anything pertaining to the residencia of the said offices or to security for residencia. Thus, until the present time, the said bonds have not been required in this city for this royal Audiencia or for your governors, my predecessors in the government, or for your auditors when they leave these islands to go to Nueva Espa?a or to other parts ; they have gone without giving the said bonds. Moreover, as is proved by this royal decree, of which I present an authorized copy, attested by three royal notaries, your royal person was pleased to give me permission authorizing me to make the said voyage, without condition or obligation of giving the said bonds. The obligation that your Majesty did not impose in the said permit cannot be imposed by any of the judges or ministers inferior to the said your royal Council of the Indias. And accordingly, although the question of the said bonds might have been discussed with other persons, that cannot be understood as applying to me; but I must be allowed to make my voyage freely, without any obstacle being offered, as his Majesty orders, notwithstanding the contents of my writing of the twenty-third of this month. For that writing was without prejudice to my right, and did hot attribute any jurisdiction to the said your governor. I presented the said writing before receiving the said permission from his Majesty. Consequently, I petition and beseech your Highness to be pleased to have the said act revoked, in so far as it concerns the said declaration, by ordering that it be understood without having the cause returned to the said your governor and captain-general; for what I petition is justice, and for it, etc.

In Manila, on the twenty-seventh of July, one thousand six hundred and twenty-nine, while the president and auditors of the royal Audiencia and Chanciller?a of these Filipinas Islands were in session, this petition was presented, which having been examined they asked for a copy. The fiscal presented an act which declared that appeal ought not to be allowed from an act referring back a cause. Consequently, since this cause has been returned to the lord governor, his Lordship must decide the chief matter, namely, whether or not to allow the said bonds to be given. The documents presented are not for this plea, but for the principal cause before the lord governor. Therefore, the fiscal, as far as he is concerned, concludes by this plea.

In the city of Manila, on July twenty-seven, one thousand six hundred and twenty-nine, I, the secretary, informed Don Fernando de Silva of the act herein elsewhere contained. He declared that the appeal which he has interposed is in regard to declaring the auditors of the royal Audiencia competent judges of that which the fiscal has demanded from the governor. He declared that, in regard to this question, there must be an authoritative statement from the proper source; and that the appeal must be allowed. On seeing the acts, he regards himself as summoned. He signed the same.

I copy this transcript from the original, which was in possession of the treasurer, Alonso de Santoyo, knight of the Order of Santiago, at whose request it was drawn. It is a faithful and true copy. Mexico, March twelve, one thousand six hundred and twenty-nine. Witnesses were Hipolito de Santoyo and Geronimo de Marquina, inhabitants of Mexico. I seal it in testimony of the truth.

We, the undersigned notaries, certify and attest that Marcos Leandro, by whom this copy appears to be signed and sealed, is a notary of his Majesty; and as such, entire faith and credit has been and is given to the writs and other acts which have passed and pass before him, both in and out of court. In order that it may be apparent, we give the present in Mexico, March twelve, one thousand six hundred and twenty-nine.

In the port of Cavite, July twenty-nine, one thousand six hundred and twenty-nine, Don Juan Ni?o de Tavora, knight of the Order of Calatrava, comendador of Puerto Llano, member of his Majesty's Council of War, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia therein, having seen this copy of the royal decree which his Majesty gave at the petition of Don Fernando de Silva, knight of the habit of Santiago--who presented himself before his Lordship in his own behalf, and petitioned that it be observed and obeyed--and attentive to the fact that the said copy was authorized by a notary of his Majesty, and attested by three other notaries: ordered--and he did so order--the contents of the said copy of the said royal decree to be observed and obeyed; and that the said Don Fernando avail himself of it, leaving an agent appointed to attend to the said obligations of the said encomienda. The judges and royal officials shall note the decree in the books under their charge, and shall observe and obey it, as is contained therein, in behalf of the royal treasury. Thus did he enact; and he signed the same, together with his counselor.

Collated with the copy of the royal and original act from which it was copied. It is an accurate and exact copy, and agrees with the original, which was returned on the part of the said Don Fernando de Silva, in order to take account of it in the royal accountancy. This copy was made in Manila at his request, July twenty-seven, one thousand six hundred and twenty-nine; witnesses being Francisco de Silva and Don Juan Martin, residents of Manila.

In the city of Manila, July twenty-seven, one thousand six hundred and twenty-nine, the president and auditors of the royal Audiencia and Cnanciller?a of these Filipinas Islands having examined these acts in regard to the demand of his Majesty's fiscal in this royal Audiencia that Don Fernando de Silva, knight of the Order of Santiago, former governor and captain-general and president of this royal Audiencia of these said islands, give bonds to furnish residencia, for himself and his agents and servants, for the period while he exercised the said offices, and to pay the sum to which he should be adjudged and sentenced, leaving behind a person with accepted powers; and the appeal interposed by the said Don Fernando de Silva from the act enacted by this royal Audiencia, on the twenty-fourth of this present month, in which this cause was returned to the lord governor and captain-general, so that, as a competent judge, he might enact what might be justice in it, etc.: declared that, notwithstanding the said appeal, they must confirm--and they did confirm--the said act of this royal Audiencia, with the declaration that the said return be, and be understood, in order that the said lord governor and captain-general may declare whether or not he must give bonds to the said fiscal of his Majesty. Thus they did enact, order, and decree.

Before me:

In the port of Cavite, July twenty-eight, one thousand six hundred and twenty-nine, Don Juan Ni?o de Tavora, governor and captain-general of these Filipinas Islands, and president of the royal Audiencia therein; having examined these acts and the demand of the fiscal of his Majesty concerning Don Fernando de Silva giving bonds to furnish residencia for the period while he governed these islands, and for his agents and servants, and to pay the sum to which he should be adjudged and sentenced; the other things which he has petitioned; the return of these acts to his Lordship by the royal Audiencia in an act which they passed at the appeal by the said Don Fernando de Silva; another act passed by the said royal Audiencia, that, as a competent judge, the governor should enact what should be justice in this matter; and the copy of the royal decree presented before the said royal Audiencia; said that he declared--and he did declare--that his Lordship was not a competent judge in this cause to declare or order whether the said Don Fernando should or should not give the bonds which the said fiscal has demanded for the said residencia, or for any other thing pertaining to it; and that the fiscal should plead in this regard what he should have to plead before whom and with what right he can and ought. Thus did he enact and order, and he signed the same, by the advice of his counselor.

Before me:

Collated with the original acts, which rest at present in these archives of the office of government under my charge. This copy is accurate and exact, according to the originals. At the command of the said lord governor and captain-general, I ordered to be drawn and drew this copy, in the port of Cavite, July twenty-eight, one thousand six hundred and twenty-nine; witnesses being Don Juan Martin and Francisco de Silva. In testimony of truth, I signed and sealed it.

We, the undersigned notaries, testify that Andres Martin del Arroyo, by whom this copy appears to be signed and sealed, is a notary of the king our sovereign, and exercises the office of notary-in-chief of government and war of these islands. To his copies, acts, and dispatches, entire faith and credit is and has been given in and out of court. Given in Cavite, July thirty, one thousand six hundred and twenty-nine.

Relation of 1629-30

I shall commence the affairs of these islands with the expedition to Jolo. It is an island of this archipelago, rebellious for years past; and its natives, who are Mahometans, have made a thousand incursions against us in these islands, pillaging whenever opportunity arises, burning villages and churches, and capturing numerous people.

In order to remedy all these evils, Governor Don Juan Ni?o de Tabora determined to equip a powerful fleet in order to destroy that enemy and conquer a stronghold which nature has made in their island--so lofty and so difficult of approach, that there is no better stone castle; for the approach to it is by one path, and it has some artillery which defends it. The people are courageous and warlike. For our fleet were collected one galley, three brigantines, twelve freight champaos , and about fifty caracoas. The last named are the usual craft of these islands, and generally have thirty or forty oars on a side. All these vessels together carried about four hundred Spaniards and two thousand five hundred Indians, and they had considerable apparatus and war supplies. It was quite sufficient for another conquest of greater importance than the one on which they were going.

All that fleet departed, then, from the port of Dapitan on March 17. Dapitan is the port nearest to the enemy, and the island of Jolo was reached in days. At dawn our men were landed, and began the ascent to the stronghold. The master-of-camp, Don Lorenzo de Olaso, who was commander-in-chief of the fleet, preceded the men. The Joloans defended their stronghold with valor. They killed some of our men and wounded eight, among them the master-of-camp himself. He was overthrown, as if dead, and went rolling down the hill. However, he was not dead, but only wounded, nothing more. Our men retired on the run, and to speak plainly, such terror entered into them that they did not dare to attack again. They skirted the island in their craft, entered the villages, burned, wrecked, destroyed them, and killed a few people. They brought back some captives with them whom the Joloans had taken from us. A violent storm overtook them, which compelled them to weigh anchor, and they retired stealthily. Thus so powerful a fleet as that was lost. It was such a fleet that never has one like it been made for the Yndias in these islands. The Joloan enemy were left triumphant, and so insolent that we fear that they will make an end of the islands of the Pintados--which are the nearest ones to them, and which they infest and pillage with great facility.

"A greater force than ever attacked Malaca from Achen--two hundred and twenty craft; and among them thirty-three were of stupendous size and resembled galleys with topsails, while others were medium-sized and smaller; and they carried a force of nineteen thousand men of the best picked soldiers, who were all ordered not to return alive without taking Malaca. They disembarked at a river one-half legua from here. Then they began to march with great trenches, ramparts, and other devices until they neared the walls. After taking the mount of San Francisco, they fortified themselves on it, and for the space of four months they continued to batter the walls of the city. Our artillery harassed them from the ramparts also although the trenches and terrepleins did not allow us to do them much harm. They destroyed all the side of Yben, Bocachina, and San Lorenzo, and did not leave a house, palm-tree, or church. Then they attempted to pass to the Malaca side in order to destroy its suburbs, and to attack the walls on all sides. In order to make use of all their men, they beached all their ships in the mire of the river. That was their total destruction, for the re?nforcements arrived on October 21, from Yndia, with Nu?o Alvarez Botello--who succeeded in the government to the bishop who was governing and died; he had thirty-three oared vessels and one thousand Portuguese soldiers, the flower of the nobility and soldiery of Yndia. Thereupon the enemy retired to the river where their fleet was stationed. The governor, without disembarking, took his station in the entrance, where he cannonaded them for forty-six days with all of his artillery. He had some very heavy artillery which he had brought from Yndia, which he fired from some barges that he had built. He harassed them so greatly with these guns that, although the enemy attacked him in order to get out, they were unable; and finally surrendered, or fled to the mountains and forests, one night. A great number of them remained in our hands, and the others in the hands of the king of Pan and those of Malay friends who aided us. They abandoned a quantity of spoils, all their ships, artillery, etc., so that of the nineteen thousand men there did not remain any who could rightfully carry back the news. The Portuguese collected three hundred pieces of artillery, counting large and small, with which the fortress was well supplied, and artillery was sent to other parts. The versos, falcons, and arquebuses which they captured were without number. It was a glorious victory which our Lord gave to this city of Malaca. The neighboring kings who were subject to Achen immediately resolved to render homage, by sending their ambassadors." Thus far Father Azevedo.

After having gained the victory against the people of Achen, Nu?o Alvarez Botello determined to remain to winter in the region of the south. He sent some ships to Java; and with them a large galleon belonging to the enemy, and the commander and captains who were captured. He kept twenty-three of his galliots, with seven hundred picked men, in order to go in pursuit of the Dutch.

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