The Philippine Islands, 1493-1803 — Volume 02 of 55 1521-1569 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Re online

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which number was the utmost that they could carry, on account of
the supplies and rigging which they bore. Nor does it avail to say
that I intentionally ran the flagship aground, for the opposite is
the truth; nor should it be presumed or believed that a vessel so
much needed by this camp (the property, moreover, of his majesty)
could purposely have been run aground - which statement any person
who is willing to look at the matter dispassionately, will clearly
perceive. And it avails even less to say that the father Fray Andres
de Urdaneta requested me to settle in the island of Ladrones, for
this did not occur; nor will such a request ever appear, in truth,
save in so far as it was discussed whether it would be well for us
to go to that island, in view of our having no supplies, or any kind
of meat, or anything to live on. It was agreed by all that we should
proceed thither, as was done; and the six hundred crafts which he said
came alongside the ships came to beg and not to give. For, in all the
ten days of our stay there, we could not buy ten _fanegas_ of rice;
and if they brought anything it was cocoanuts, bananas, _tamalle_,
and other articles of the fruit kind, of very unsubstantial and
ordinary quality. This will prove to be the truth, rather than what
is said in opposition thereto. And when we arrived at these islands,
we were in great need of food, as we had on board the fleet nothing
but biscuit - and even that in small quantity, as it was carried only
by the "Capitana" for its return; so that the whole camp suffered
for the lack of food. And even if the supply of biscuit was more
than sufficient to last until Nueva España was reached, yet as the
return passage was not then known, we endeavored to supply those
going on the vessels with provisions sufficient for one year; and as
they arrived at Nueva España instead, within three months, they had
of necessity a superabundance of biscuit. Further, regarding his,
accusations as to my being here against the will of God and of his
majesty, I deny it; for I have always endeavored to do his majesty's
will with all fidelity and loyalty like the true and faithful servant
that I am, as has ever been the custom of my ancestors; and I shall
try to pursue that course until I die. Accordingly, I intend to give
good account to his majesty, as I have always done, of all matters
entrusted to me - which here require neither allegation nor mention,
for I am bound to account therefor to his majesty alone. As for what
he says concerning the promises and kind services which were offered
me from him, I refer to his said first summons and his reply to my
rejoinder - the import of which is that I should go with my men to his
fleet and depart therein for India, or some other place, and that I
should immediately leave these lands with all my men; and accusing
me of many losses and damages which I did not inflict. These offers,
made under such hard conditions, appear more like those of an enemy
than of a friend; for I do not see that the terms proposed could have
been any harsher if I and all those with me had been Turks. For the
first injunction, namely, that I should go to India, is contrary to
what his majesty expressly orders me to do; so that, if I did it,
I might then indeed be accused of violating his will. It would be,
moreover, a violation of the treaty between the kings, our sovereigns,
which was presented me by his grace, inasmuch as a clause thereof
says that the vassals of the king of Castilla may navigate the seas
of the king of Portugal as much as necessary, in order to reach the
South Sea of his majesty toward the strait of Magallanes, and no more;
and that if any other navigation than this through the seas of his
highness occurs, it will be done by any persons in violation of the
said treaty. Wherefore we are bound not to do this thing under any
consideration, for our intention has been and is to adhere to the
said treaty. And as for the second injunction, that we should depart
and leave the land immediately with all our men and munitions of war,
such a thing is impossible without ships, as is clear and evident,
and as such I declare the same. And, therefore, from the offers
aforesaid results, and may be clearly inferred, the intention with
which the said offers were made - which is tantamount to using force
upon us and injuring us, as if we were men isolated in this island, and
without respect for the will of God or of our sovereigns and lords,
or for peace and friendship, or for the relationship that exists
between them. And that the truth of my justification may stand out
more clearly, I declare myself ready to show the instructions and
orders which I bear - as I have previously said I would do, on the
condition that the said captain-general show me his own: and I do
promise that if he will sell me ships in which to go away, that I will
immediately depart, and leave these lands free to the rightful owners
thereof. And in the event that I do not obtain them from this source,
but that ships or message shall come from his majesty, I will do the
same, without my stay in this island causing any damage or injury to
any district of the kings our lords. And, to carry out the same, I am
ready, if necessary, to make any instrument or instruments whatsoever;
and to pay for any and all damage which may result from my stay in
this island. And since God, the omnipotent and true who resides in
the heaven, is cognizant of the hearts intentions, and wills of men
I do appoint him judge of this dispute between us. O show the truth,
and protect and aid the same in all respects. And, not admitting the
protests of the captain-general's reply, I beg and require him - once,
twice, and thrice, and as many times as I am by law obliged, - in the
name of God our Lord and of his majesty, to accept our justification
and leave us free; and that he cherish no intention to make war upon
us, or harm us, or employ any force or injury against us; for our
own will and intention is to inflict the same on none. And, if the
contrary be done, I do protest that it will be at his own blame and
responsibility, and that he will be obliged to incur all the damage
and losses which may result therefrom. And I request you, Fernando
Riquel, chief clerk of this camp, to read the same to him, and to
notify him thereof, and to give me in public form the testimonies and
duplicates thereof which may be necessary to me for the protection
of my right. Given in Cubu on the twentieth day of the month of
October, of the year one thousand five hundred and sixty-eight. No
doubt should be occasioned by the erasure where it reads _navios_
["ships"], which was erased in the interest of truth.

_Miguel Lopez de Leguazpi_.

(_Notification:_ In the galley "San Francisco" of the fleet of the very
illustrious Goncalo Pereira, captain-general, anchored in the harbor of
this island of Cebu, on the twentieth day of the month of October of
the said year, I, Fernando Riquel, chief clerk, and in the government
employ, did read this response and that contained therein to the said
captain-general in person, in presence of the factor and inspector
Andres de Mirandaola, who holds power of attorney from the very
illustrious Miguel Lopez de Legaspi, governor and captain-general for
his majesty and on his behalf. And his grace, the said captain-general,
having heard the foregoing, which I read to him _de verbo ad verbum_,
said that, not replying to what did not demand reply in the said
response - which had been written by one more blinded by passion
than in the free use of his senses, or than by one of the descent
which he claimed - but confining himself only to the most essential
points concerning the service of God and of the kings, he does deny
everything which his grace says in his said rejoinder, evidences for
which denial he will show in their propor time by documents worthy
of credence before the sovereigns. He also states that he refuses
even more emphatically to show him the instructions which he carries;
for since he has been in this port (now some twenty days), his grace
told him continually that he would show him his instructions, yet upon
his sending Don Duarte de Meneses for this purpose, his grace would
not show him the same; and likewise, when he came with the said Don
Duarte upon this galley "San Francisco," his grace refused to show his
instructions to him. Moreover, when he went ashore to see his grace,
and talked with him, the latter would not show the same; and on two
occasions when he sent hither the said factor, Andres de Mirandaola,
with a response, he did not order him, either in person or by another,
to show the same, although he continually affirmed that he would show
them. On account of these things, and of his breaking in all respects
the said principal contract; and, because it appears that he was not
in need, during the three years and some months of his stay here;
and because of the deceptions which his grace practiced upon him,
using many fine words, but very different deeds as the coast defenses
and forts proved - although he [the Portuguese captain-general] did not
adopt such method in his treatment of him, when he allowed many ships
bearing provisions and men to enter the harbor, although he could have
detained the same - through all these things, his real intention is
laid bare. For, as one intending to make war takes advantage of all
occasions to that end, so has his grace done and still is doing. As
for the other matters, he is referred to the protest sent to him today
by Pero Bernaldez, notary-public of the Portuguese fleet. And this he
gave as his response before the witnesses, Captain Alvaro de Mendonza,
Admiral Don Duarte de Meneses, Simon de Mendonça, and the factor Afonso
Alvarez Furtado, who together with me; the said Fernando Riquel, signed
the same with their names. Andres de Mirandaola, Alvaro de Mendonca,
Don Duarte de Meneses, Simaõ de Mendonça, Alfonso Alvarez Furtado.

I testify thereto, _Fernando Riquel_.)

(This duplicate has been compared most carefully with the original by
me, Pero Bernaldez, notary-public of this fleet for the king, our lord,
without there being found any interlineation or erasure which would
cause doubt - save that there is an erasure where it read _navios_
["ships"], which was done in the interests of truth. And the said
Fernão Riquel, chief clerk, was present at the comparison, and signed
here with me, together with Baltesar de Freitas notary of the fleet,
who placed here his approval. This day, the twenty-ninth of December,
one thousand five hundred and sixty-eight.

I have compared this duplicate,

_Pero Bernaldez_.)

(This duplicate was compared before me, Baltesar de Freitas, notary
of this fleet, on the said day and year above specified.

_Baltesar de Freitas_.)

(On the said day, month, and year, I was present at the collation
and comparison of this duplicate.

_Fernando Riquel_.)

_Third summons_: Concerning the summons and protest that I, Gonzalo
Pereira, captain-general of this fleet, make to the very illustrious
Miguel Lopez de Leguaspi, general of the fleet and people of Nova
Espanha. You, Pero Bernaldez, notary-public of this fleet, are
directed to present and read to him the same; and, with his reply
(or without it, if he refuse to give one), to put into my hands the
instruments necessary to me to prove the truth of what follows. I
affirm that on arriving at this port of Cebu, and exchanging such
courtesies with his grace as were befitting to the requirements of
my position and rank, besides offering both by letters and requests
on behalf of the king our lord, everything needful to him and to his
army, and to his royal majesty, the King Don Felipe - in order, also,
to serve in this matter the king our lord - his grace did not so much
as consent to accept from me anything whatsoever; but descended to
subterfuge, and, as answer to my rejoinder, ordered his artillery
to take position in front of the fleet, to impede my passage - in
spite of his being on the land and sea of the king our sovereign. In
every respect, therefore, he gives evidence of not adhering to the
compacts and treaties made between his imperial majesty Don Carlos,
King of Castella, and King Don Joaõ, our lord (may they rest in glory),
which documents I had sent and presented to him in order to obviate
all doubts and disputes that might arise. He has certainly incurred,
in return, the displeasure of God and the sovereigns. Secondly, I
send him again the letter of the emperor Don Carlos to Ruilopez de
Vilhalobos, and those of his company, that he may see more clearly
its truth and purport; and I summon his grace particularly - once
and as many times as I am empowered thereunto - and, in general,
all his captains, ensigns, sergeants corporals, and pilots, and all
the other officials of war, retinue, and justice, on both land and
sea, soldiers and sailors alike - in conformity to the said compact,
to assemble immediately on this fleet of the king our lord, and to
depart therein in order to present themselves before the viceroy of
India. From the said viceroy, in the name of the king our lord, in my
own, and in that of the captains of this fleet and of the fortresses of
India, I give to each individually, and, to all in general, assurance
that no harm or injury whatsoever shall be done them; that they shall
be left free to go to their own kingdom or remain in India, as they
prefer; and that they shall receive all possible good treatment, and
be given all their property, and everything of which they may stand
most in need. And if his grace refuse to do this, I summon him again
and many times, and all the rest of his fleet and army, individually
and collectively, to depart at once and leave the said fortress,
and abandon this island and all others which, by the said treaty,
are seen to belong to the commerce and conquest of the king our lord,
and to leave everything here forever free and disembarrassed. And
likewise I notify them not to do violence to, and to leave free,
the Portuguese who are in his army, to whom, by this present, I give
assurance, in the name of the king our lord, that they shall not be
proceeded against as criminals, for thus embarking and being in the
said fleet and camp, from the day when they passed the boundaries of
Castella up to the present. And I summon them all individually and
collectively, and I order them in the name of the king our lord, to
come immediately to this the fleet of their true king and sovereign,
on the above-mentioned assurance that they shall in all respects be
protected. And if they do not consent thereto, and he, Miguel Lopez
de Leguaspi - and his captains and officers, and all the persons
above-named - shall not, in every respect, assent to that which I
request and demand as above, I declare that he - together with all
his above-mentioned captains and persons aforesaid, of whatsoever
rank, nation, condition, or country they may be - will be held and
considered and judged as disobedient by his royal majesty, King Don
Felipe, their sovereign, and by the King of Portugal, our lord, and
by their officers of justice. And in the same event I do, now and
forever, in the name of the said kings, hold them as rebels, if they
neither come hither nor depart within the three days first following
the notification of this summons. I impose this time upon them as a
limit, declaring that they shall not be allowed another day's respite;
that they will be condemned to death, both natural and civil, either
through war or in any other way whatever, according to the custom and
laws of our kingdom; and that their possessions, ships, artillery,
munitions of war, and everything else which they may have brought to
this land or obtained therein, or received in trade or in any other
way, shall be seized and distributed and given away to the extent
which may seem to me conformable to the said compact. Nor shall they,
the parties aforesaid, or any one acting for them, or any of their
heirs, or any relation or descendant, in particular or in general,
have in this matter any right - neither they, nor likewise the owners
of the said property, fleet, or munitions, which shall thus be
taken from them, even though absent, wherever they may be. Moreover,
even though they be not guilty of the disobedience and disrespect
aforesaid, nor have given any cause for this action, they shall not,
subsequently nor at any time, have any right to proceed against me,
or against any captain, officer, or member of this fleet who may be
holding the same; nor shall any heir of the above-named persons, at
any time whatsoever, be obliged to make restitution thereof, either
legally or as a matter of conscience. Likewise, in conformity with
the said compact, I declare to be null and void, and of no effect or
force, all right which they may have, royal, personal, or based upon
any other title or right which may be named, designated, or specified,
or which his majesty King Don Felipe claims to have acquired, through
the compact made between the very Catholic and Christian sovereigns,
King Don Joan the Second of Portugal, and Don Fernando of Castella
(may they rest in glory), regarding the division of the conquest and
discovery of the world, conceded by the holy fathers, in the commerce
and conquest of Maluco and all its lands and seas which shall be found,
perceived, or discovered by ships in that whole region west of Nova
Spanha, as determined by an imaginary line from north to south through
the islands of Las Velas [Ladrones]; and those rights I declare null
and void from the day on which the said Miguel Lopez de Leguazpi
passed to the west of the said line with his fleet. And likewise I
declare that, inasmuch as this fleet contains more soldiers than men
of letters, all summons, declaration, and protestation befitting the
right and justice of the king, our lord, and of his descendants and
kingdoms, shall be held as made and truly and completely declared,
demanded, summoned, alleged, and protested, without any lack or
failure, whatsoever. And neither his royal majesty, nor any or all
successors to the kingdom of Castella shall have the right to require
or summon the Portuguese to deliver to them their lands and conquest
of the said West; or demand any payment or satisfaction whatsoever
for the losses, damages, deaths, or deprivations of property occurring
to the disobedient camp and fleet, or to any others who, subsequently
arriving, are subject to the foregoing. For others have already come
to these parts who pretended to be filled with brotherly love and
affection, but did not prove this by their actions - inasmuch as they
did very great injury to the property of the king our lord, and of his
vassals, without the king's receiving any compensation therefor from
his illustrious highness. No doubt should be entertained regarding
the interlineation where the word _justica_ ["justice"] occurs. This
day, the twenty-first day of the month of October, in the year one
thousand five hundred and sixty-eight.

_Gonzalo Pereira_.

(_Notification:_ On the twenty-first day of the month of October of
the year one thousand five hundred and sixty-eight, at the present
place of habitation of the very illustrious Miguel Lopez de Leguazpi,
general of the fleet and people of Nova Espanha, I, Pero Bernaldez,
notary-public, in his presence and that of his captains and many other
persons of his camp, read, _de verbo ad verbum_, the foregoing summons,
together with the letter of the emperor Don Carlos (may he rest in
glory). In reply, he said that he heard the same and would respond as
was befitting. Witnesses thereto: Martin de Goete, master-of-camp;
Andres de Ybarra, captain; Guido de Lavezaris, treasurer of his
majesty; Luis de a Haya, captain - all of whom affixed their signatures
together with me. Martin de Goiti, Luis de la Haya, Guido de Lavezaris,
Andres de Ybarra.

_Pero Bernaldez_.)

(_Response:_ This is a duplicate of a response which the very
illustrious Miguel Lopez de Leguaspi sent to Goncallo Pereira,
captain-general in these parts of the south for the king our lord. This
response, I, Pero Bernaldez, notary-public of this fleet copied from
the original at the request of the said Miguel Lopez de Leguazpi.)

I, Miguel Lopez de Leguazpi, governor and captain-general for his
majesty King Don Felipe, our lord, of his people and the royal fleet
for the discovery of the islands of the West, declare in response
to the third summons of the very illustrious Gonzalo Pereira,
captain-general of the Portuguese fleet, served on me by Pero
Bernaldez, notary-public thereof, that I am ready and prepared to do
and fulfil everything specified and offered by me in the answers which
I have previously given to the summons which he has sent me. Basing
my reply once more upon them, I repeat that on my part there will
be no failure to respect and carry out the treaty made by the kings
our lords, and to maintain the peace, friendship, and alliance which
have existed and still exist between them, and which is incumbent upon
us owing to the close relationship of the two. As for the conditions
contained in the said summons aforesaid, which command me to go with
all my people to his fleet, to depart therein for India, I declare
that this is impossible for me, as it would be a direct violation
of the instructions which I have received from his majesty; nor
could I give over my people and my fleet to any person whomsoever,
without his majesty's express permission and command. Moreover,
it would be a violation of the compact and treaty existing between
the kings our lords. And, in the event of my not doing this, he says
that within three days from now I must leave this island and these
lands. This I myself desire, and would be glad to do so, if it were
possible. And I promise to do the same immediately, if his grace will
furnish me means therefor. But it is neither right nor reasonable
to oblige me to perform the impossible. And I declare, therefore,
and promise that when I shall have ships I will depart, and leave
the land free to whomsoever it may belong, without allowing my stay
therein to result in harm to any one; and if it shall so result, then
I stand ready to pay and to give payment and satisfaction therefor,
to a sufficient and adequate amount, and to do everything in my power
to the end that the treaty between the kings our sovereigns shall
not be transgressed, or any injury be done or ensue to any of the
parties hereto. And regarding what he says in his summons concerning
the new fort, I admit that it is true that some fortifications were
begun - a thing most usual and customary wherever there is a garrison
of Spanish soldiers - for protection from any one who might undertake
to do me injury or violence. But it was not done to injure his fleet,
or anything else belonging to him, which did not previously do me
injury. This is especially evident in view of the fact that although
yesterday I had begun the erection of the new fort, aforesaid, on
receiving a letter from his grace in which he asked me to cease and
not continue work upon the same, I immediately ordered that work to
cease and to be suspended; and nothing more has been or will be done
thereon, if his grace and his fleet are willing to keep peace and
friendship with me, as is incumbent upon Christians and vassals of
sovereigns so closely connected and related. This I do in order that
no statement or calumny for breaking the said peace may be uttered
against me. And, regarding what he says in the rejoinder to my second
reply, namely, that I refused to show the instructions which I bear,
his grace knows perfectly well that I have offered many times to show
him the same, and that nothing was sent by him. And to do everything
possible on my own part, and to make my cause a just one, I send to
him enclosed herewith those clauses of my instructions bearing upon
the present business, which were copied from the original, and signed
and approved by the chief notary of this camp, in order that they
might be produced as witness and proof, at anytime or place whatever;
besides this, his grace will be allowed, if he so desire, to send
some person here to see them collated with the original. Throughout
these instructions is evident and deducible the Christian spirit,
greatness, rectitude, and kindness of his majesty King Don Felipe,
as well as the moderation which he orders to be maintained wherever
we should fall in with Portuguese - which is very different in its
nature from what is essayed and planned against me and the vassals
of his majesty. It will be seen, moreover, how just is his majesty's

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Online LibraryUnknownThe Philippine Islands, 1493-1803 — Volume 02 of 55 1521-1569 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Re → online text (page 17 of 22)