# The Philippine Islands, 1493-1803/Volume 2/Negotiations

(I, Fernando Riquel, notary-in-chief of the royal armada which came forth to discover the Islands of the West, and to govern them for his majesty the king Don Felipe, our sovereign, certify and truly testify to all who may see the present, or its duplicates authorized in public form, that while his excellency Miguel Lopez de Legazpi, governor and captain-general for his majesty of the above-mentioned royal armada, was located with the people thereof in this island and port of Çubu in the said Felipinas, there came to the said port a certain Portuguese armada, the chief commander of which, they said, was named Gonzalo Pereira. He, after arriving at this said port and remaining therein a few days, sent certain ordinances and documents to the said governor, to which the latter replied sending also other documents of his own; and the ordinances and documents of the said commander-in-chief, Gonzalo Pereira, remained in the hands of me, the above-mentioned Fernando Riquel; ​while the papers and documents which the said governor sent in response to the said captain-general, under his own signature, remained in the hands of the captain-general himself. The duplicates, signed and authorized by Pero Bernaldez, notary-public of the Portuguese fleet aforesaid, I, the above-mentioned Fernando Riquel, possess, and do insert and incorporate them one with another; and the copies thereof, one placed after another, constitute what now follows, arranged according to the order in which they were presented.)
As for the requisition and protest which I, Gonçallo Pereira, commander-in-chief of this fleet of the king, our sovereign, do make to the very illustrious Miguel Lopez de Leguazpi, captain-general of the fortress and settlement which he has recently established in this our island of Cebu: you, Pero Bernaldez, notary-public in this fleet, are directed to lay it before him, and with his reply—or, if he be unwilling to give one, without it—to return to me. You shall present to him the document and documents, which I must send him, to the effect that it is true that, coming from India in order to favor and increase the Christian communities in these islands, which had been persecuted by the unbelievers, I learned in Borneo that his grace had entered into this our charge and conquest, and established himself in this island of Cebu, and that he had entered by accident and not intentionally through his having encountered severe storms, and had reached land in this possession of ours. Wherefore I arrived on the sixth of October, one thousand five hundred and sixty-six, from Borneo, having come in quest of him to aid and assist him in his need, as was my duty as a Christian, ​and because of the close relationship and friendliness of our sovereigns which obliged me to do this, and nothing less, in order to fulfil on our part, the compact made between the emperor Don Carlos, whom may God preserve, and the royal sovereign Don Joham the Third, whom may God maintain in glory. As it turned out I did not see him, owing to the stress of weather which constrained me to go directly to Maluco—whence I sent Antonio Rombo Dacosta and Baltesar de Sousa in two caracoas to visit his grace, and ascertain from him what he needed from our fleet, offering him most willingly everything that it contained. From the fortress likewise, the same offers were made by Alvoro de Mendonça its commander; but his grace neither accepted nor besought anything from the fleet or from the fortress. And hearing from Antonio Rombo that there was great need of many things, through lack of which much hardship was suffered, I left Maluco again on the thirteenth of October one thousand five hundred and sixty-seven, in search of his grace, very well provided with everything necessary for his aid—no inconsiderable amount—at the cost of his highness and of his captains. And I failed again to see him, in spite of all my efforts, in consequence of setting out late, and having encountered a very violent monsoon. On the twenty-sixth of August, one thousand five hundred and sixty-eight I returned to Maluco, only to retrace for a third time my way. And our Lord was pleased to allow me to arrive at this our port where I en​countered him in peaceful wise without any hostile manifestation whatsoever. And I did not take from and defend against him any vessels or supplies, a thing both easy and profitable for us to do; but, on the contrary, I favored his grace in every way, and gave him the title of governor. But—seeing that the fortress was being strengthened more and more each day upon the land; and that he was trying to enter into communication with the people about, and constraining them in some measure by force of arms to obedience in the payment of tribute to his majesty the king Don Felipe; and entering into agreements, in the name of his majesty, with the people near and far to the effect that they might sail safely all around the land and through the waters of this archipelago,—I am in considerable apprehension, for all this region belongs to the conquest and demarcation of the king our sovereign; and I cannot persuade myself that his grace comes here with the delegated authority and consent of the king Don Felipe, who is so closely connected and allied with the king our sovereign. Wherefore I request his grace, both one and many times, on the part of the very Catholic and Christian sovereigns, to send me word as to the cause of his coming and his stay, and to show the commission which he brings; for if the consent of the sovereigns is in any wise therein contained, I wish to conform thereto, as I am very desirous to give help and favor in every way which will be of service to the said sovereigns—as, in letters, and in the interviews held, I have given his grace to understand thoroughly. And if his grace is not willing to do anything in this ​matter, and will not consent to come with all his camp and join this fleet, as I have also asked him to do, I summon him, on behalf of the very Catholic and Christian sovereigns, to depart from this land and archipelago of ours forthwith, with all his camp, fleet, and munitions of war, and leave it free and unembarrassed to the said lord thereof. And otherwise I protest that all the loss and damage which may ensue in this matter will fall upon his grace, and that he will be obliged to give account of them to God and to the sovereigns our lords. Given in this galley "San Francisco," in the port of Çebu, on the fourteenth of October one thousand five hundred and sixty-eight.
Goncalo Pereira
(Notification: On the fifteenth day of the said month of October of the year one thousand five hundred and sixty-eight, I, Pero Bernaldez, notary-public for the king our sovereign in this his fleet, went at the command of Goncalo Pereira, the captain-general thereof, to the camp of Çebu of which the very illustrious Miguel Lopez de Leguazpi is the commander; and I presented to him in his lodgings there, two hours, somewhat more or less, after noon on the said day, month, and year, and delivered to him, word for word, the demand and protest above mentioned, given to me by Afonso Alvarez Furtado, factor of the fleet, who was granted due authority for this business by the said commander-in-chief. At this delivery were present the said factor and Baltesar de Freitas, the notary of the fleet; Andres d'Ibarra, captain; Guido de Levazaris, his majesty's treasurer; Amador de Arrayaran, first ensign, and Graviel da Rabeira, head alguazil, of the camp—all of whom ​signed here with me, Pero Bernaldez, notary, who writes these presents.
Pero Bernaldez, Alfonso Alvarez Furtado, Baltesar de Freitas.
And then the said Miguel Lopez, after the said demand had been read by me, said that he had heard it, and begged that a copy thereof might be given him, to which he would reply in due form; and, that there may be no doubt about the matter, Lopez says upon another line that it will be truly done. And I, Pero Bernaldez, who drew up this writing in the said day, month, and year, and at the said hour, do witness thereto, in company with the said witnesses already mentioned.
Andres de Ybarra, Guido de Lavezaris, Amador de Arrayaran, Graviel de Ribera.)
Authorization: Guonçallo Pereira, commander-in-chief of these south-by-east regions: by my authorization power is granted to Alfonso Alvarez Furtado, factor of the king our sovereign in this his fleet, so that he may, for me, and in my name, present and require from his highness all the papers and documents which may serve the ends of justice, with all the powers which I myself should have in these affairs which I am carrying on with the very illustrious Miguel Lopez de Legazpi, general of the fleet and forces of Nova Spanha. Therefore, in certification of the above, I, Pero Bernaldez, notary-public of this fleet, signed this document on the galleon "San Francisco," in the port of Çebu, on the thirteenth day ​of the month of October, in the year of the birth of our Lord Jesus Christ one thousand five hundred and sixty-eight,
Goncalo Pereira, Pedro Bernaldez.
(Reply: This is the copy of the answer which the very illustrious Miguel Lopez de Legazpi sent to Gonçalo Pereira, captain-general of the armada in the South Sea. I, Pero Bernaldez, notary-public of this fleet for the king our sovereign, copied the summons of the said Miguel Lopez de Legazpi.)
I, Miguel Lopez de Legazpi, governor and captain-general for his majesty the king Don Felipe, our sovereign, of his forces and the royal fleet, for the discovery of these islands of the West: inasmuch as certain demands, contained in a summons which Pero Bernaldez—notary-public, as he said, of his armada—read to me on behalf of the very illustrious Gonçalo Pereira, captain-general of the Portuguese armada, have been made upon me on the petition of Alonso Alvarez [Furtado], factor of the said armada (as in the said summons to which I refer, is set forth, at greater length); therefore replying to the said demand and to the things contained therein, I say that I came by command of his majesty the king Don Felipe, our sovereign, and with his royal fleet as the governor and general thereof, with the purpose of discovering the lands and islands of the West, which are and always were within his demarcation, in order to propagate and teach therein the gospel and the evangelical law, and to spread the Christian sway of our holy Catholic faith—the thing which, most of all, his majesty purposes in these parts. In the course of my expedition I arrived at these islands, ​where I was obliged to provide myself with certain supplies which I needed and which I did not have at hand; and in search of which I went about among the said islands for many days without being able to secure them, until by chance I arrived at this port of Çubu, where I was obliged to spend the winter. I sent from here the flagship, in which I came, to Nueva Spaña with a report of all that had happened during the expedition; and I wrote to his majesty saying that I would await here his answer and despatches in order to learn whither he commanded me to go. And it was because no despatch or answer came to me from his majesty that I stayed here so long, and not from any intention or desire to settle or remain in this land. As a matter of fact, in my instructions I am commanded not to make entry in the islands of Maluco, or to infringe the treaty made between the kings of Castilla and Portugal, our sovereigns. In a clause contained therein, moreover, I am ordered to come to these Felipinas islands and seek for certain people, lost here, who had belonged to the armada of Rui Lopez de Villalobos; and, in case I found them alive, to ransom them at his majesty's expense and deliver them out of their subjection to the infidels, in order to return them to their native lands and to the Christian faith in which they were born and reared. This I have successfully accomplished; of those who had come over in the said armada one was found in the island of Tandaya, and I ransomed him. And I have also received notice that two Spaniards were sold by the natives of the island aforesaid to the Indians of Burney, which piece of information has made me desirous of knowing their whereabouts and what was done with them, ​that I might bestow upon them the same benefit of ransom. By this it is clearly seen and inferred that his majesty is convinced and believes that the Filipinas islands are within his demarcation, for on the one hand he orders me to come to them, and on the other not to infringe the royal treaty of our kings and sovereigns. And in this faith and belief I came and have remained here in his royal name, and not with the intention of injuring the most Christian king of Portugal or harming any of his possessions, or in any way to transgress the said treaty. And even though the lands belong to his majesty, my will and intention has, up to the present time, not been to settle in them or in any others until I should have the authority of his majesty; and the assurances and letters of protection which have been given to the natives of this land were so given, to the end and purpose that the warriors and soldiers who go and come from one place to another in search of provisions should not be harmed or injured or robbed. In this, indeed—even though the lands do belong to his highness, as is set forth in the said summons—a service has been done him; for all was done with the intention of protecting and preserving the natives thereof. Moreover, just as soon as I arrived at these islands I endeavored to learn and ascertain if the Portuguese had come here, and if they had any intercourse and commerce with the natives; and if the said natives did them any service, or paid them tribute, or if the Portuguese derived any other advantage from them. And the said natives assured me that this was not the case, and that they neither knew them nor had ever seen them. This assurance emboldened me in thinking myself the more authorized to provide ​and supply myself from among them, without harm to anyone. As regards the tributes mentioned in the summons aforesaid, the fact is that on a few occasions no supplies were to be bought; and, in order not to make war upon the natives and do them any injury, or to take the supplies from them by force, we persuaded them to give us some provisions by means of which our people might be maintained. Some of them gave and have given, of their own free will, a certain amount of rice and other food, but nothing whatsoever through which his majesty has derived any profit—on the contrary, a large amount of gold has been paid out for the provisions aforesaid; and this, moreover, the natives gave, when, and in what manner, and in what quantity they themselves desired, without suffering any violence or receiving any reward. Everything which I have enumerated was to protect and defend the natives aforesaid, without doing them any harm or injury whatsoever. And as for what his grace says in the summons aforesaid about sending Antonio Runbo de Acosta and Baltesar de Soza to visit me, and how they came in the month of July of the past year to this camp, with letters from his grace and other captains entreating me to go to their fleet and fortress of Maluco with all my people, together with other offers, I would say that they were received in this camp with all peace and amity and good will, in accordance with the custom of the land. And through them personally I replied to his grace giving them the reasons for my coming and my stay in this land, which are those above-mentioned; and telling him that I was unable to accept the kindness which was proffered me in the fleet and fortress of Maluco, inasmuch as it would be contrary to the ​commands and orders which I bore from his majesty. And certain persons who came in company with Antonio Runbo, gave us to understand very differently from what had been written me in the letters, and stated and declared that the said captain-in-chief was on his way with all his fleet, with the intent of coming here and taking prisoners all the Castilians that they should encounter. The same purpose was indicated in a letter which Antonio Lopez de Segueira, captain of a galley, wrote at Point Coavite to the master-of-camp Mateus del Saz (may he rest in peace). Consequently, the horizontal rampart of this camp was constructed, in order to guard the munitions and the property of his majesty; for up to that time there had been no fort or protection therefor whatsoever, save only a palisade of palm-logs driven into the ground to keep the natives from doing damage at night—for concerning all the rest our minds were fully at peace, as was natural in the case of people who had no idea or intention of remaining in the land, but only of awaiting the message from his majesty and then going whither his majesty should command. And so I stated and declared to the said Antonio Ronbo that what I needed was ships to leave the land; and I intimated the same to his grace at our interviews, and begged him to give me two ships of his own, with which I might depart, on condition of my paying for them from his majesty's possessions here. And the same I say today, as the most expeditious means of departing hence and leaving the land in the hands of its rightful owner; and if I have the said ships I will do so now, in order to give satisfaction to his grace. Without them, we are absolutely obliged to await the ships which are to come from ​Nueva Spaña in order that we may depart; and when they come I promise to fulfil and accomplish what I specify above, without any injury attaching to any one whomsoever from my stay in this island. And although the intention and offers of his grace sees favorable, pacific, and impelled by Christian feeling, the statements made public by the people of his fleet are very much in opposition thereto; for they say and declare that he comes only to take us prisoners, and that he has sent for reënforcements from many sources to carry this purpose into effect, and (which has the worst sound of all), that he is sending for reënforcements from among the Mahometan Moros and pagans, to fight against Christians and vassals of his majesty. This I do not believe, as the fleet of his grace is so large and powerful that he may do what he pleases, especially with people who desire to serve him and who will vindicate themselves in everything pertaining to the service of God and of the sovereigns our lords. And as regards the request he makes, in the said summons, to be shown what authority I have for entering these islands, I say, that I am ready and prepared to show it to him as often as he may desire to see it, as I have told him personally. And I likewise on my own part beg him, and if necessary even summon him, in the name of his majesty, once, twice, and thrice, and as many times as I am by law required: to show me if he have any order or command from the kings our lords in order that I may obey and fulfil it, as I am required to do; or if he has order and command from his highness to trouble and make war upon the vassals of his majesty who may be in these regions. Without that, I find no cause or adequate reason, nor can I believe ​that his grace desires, to do me violence or any injury, in transgression of the peace and amity and relationship which is so close and intimate between the kings our sovereigns; moreover, it would be a matter of very great displeasure to God our lord. And if, through unwillingness to do so, injuries and scandals should arise and increase on one side or the other, I declare that it will be the fault and blame of his grace, and that he will be obliged to give an account therefor to God and to our sovereigns and lords. And this is what I say and respond to the said summons, not consenting to the protests contained therein. And I sign it with my name, and request you, the present notary, to read and make known this my answer to the said captain-in-chief in person, and that the same be incorporated and inserted in the said summons; and that testimony thereof be given me, as well as the copies necessary, in due form. Done in Çubu, the fifteenth day of the month of October, of the year one thousand five hundred and sixty-eight.
Miguel Lopez de Legaspi.
Notification: In the island and port of Çubu, in the galleon said to be called "San Francisco," I, Fernando Riquel, notary-in-chief, and government notary at the instance of Andres de Mirandaola, factor and inspector for his majesty, read this response and summons to the very illustrious Gonçalo Pereira, captain-general of the royal fleet of Portugal, in person, de verbo ad verbum, exactly in accordance with the tenor thereof. He said that he had heard it, and would reply. The said Andres de Mirandaola in virtue of his authority presented it, in the name of the very illustrious Miguel Lopez de ​Legazpi, governor and captain-general of the royal fleet for the discovery of the islands of the West, there being present, as witnesses to all above-mentioned, Alonso Alvarez Furtado, factor of the royal fleet of Portugal; Pedro Dacuna de Moguemes, captain-general of the sea of Maluco; Sancho de Vasconcellos, nobleman; Guonçallo de Sousa, nobleman of the household of his highness, the king of Portugal; Pero Bernaldez, notary public; and Christoval Ponze, scrivener, notary, all of whom signed it together with me, the said Fernando Riquel.
Andres de Mirandaola, Pero Dacunha de Moguemes, Sancho de Vasconcellos, Afonso Alvarez Furtado, Guoncallo de Sousa, Pero Bernaldez, Christoval Ponce de Leon.
In testimony thereof
Fernando Riquel.
(This copy herewith above-written was well and faithfully compared with the original by me, Pero Bernaldez, notary public of this fleet, without there being found any interlineation or erasure of a kind which would occasion doubt: only the word perjuizio [harm], and the interlineations premio [reward], and dha [for dicha—said] are scratched out. Everything there is correct, and the said Fernaõ Riquel, notary-in-chief, was present at the comparison and subscribed his name here with me, together with Baltesar de Freitas, notary of the fleet, who affixed here his assent, on this day, the twenty-ninth of December of the year one thousand five hundred and sixty-eight.
Pero Bernaldez.)
Baltesar de Freitas.)
(On the said day, month, and year above-mentioned, I was present at and saw the correction and comparison of this copy.
Fernando Riquel.)
(Authorization: In the island and port of Çubu, on the fifteenth day of the month of October of the year one thousand five hundred and sixty-eight, the very illustrious Miguel Lopez Legazpi, governor and captain-general for his majesty over his people and royal fleet for the discovery of the islands of the West, before me, Fernando Riquel, notary-in-chief and government-notary, and in the presence of the witnesses hereunto subscribed, said that, in the name of his majesty he gave and granted all and every authority he possessed—as in such case is by law required, and it may and ought to be sufficient—to Andres de Mirandaola (who was present), factor and overseer of the royal estate of his majesty, in order that in his place, and as if it were he himself, the said Mirandaola might present whatever summons, protests, and replies, and other documents whatsoever, that might prove necessary, to the very illustrious Gonçalo Pereira, captain-general of the Portuguese fleet anchored in this port, in regard to the affairs under negotiation at the present moment between them concerning the service of God our Lord, and that of the kings our sovereigns; and in testimony thereof I sign the present with his name, the witnesses being Martin de Goiti, ​the master-of-camp, and Captain Diego de Artieda.
Miguel Lopez de Legaspi.
Done before me,
Fernando Riquel.)
(This copy was well and faithfully compared with the original by me, Pero Bernaldez, notary-public of this fleet, without there being found any interpolation or erasure which would occasion doubt; and the said Fernaõ Riquel was present at the comparison, and signed here with me—together with Baltesar de Freitas, notary of this fleet of the king our lord, who affixed here his assent—on this day, the twenty-ninth of December of the year one thousand five hundred and sixty-eight.
Pero Bernaldez.)
(This copy was compared before me, Baltesar de Freitas, notary of the fleet, in the said day, month, and year, aforesaid.
Baltesar de Freitas.)
(On the said day, month, and year, above-mentioned, I was present at the correction of this copy.
Fernando Riquel.)
Second Summons: Replying to this reply to my first summons, made by the very illustrious Miguel Lopez de Leguazpi, general of the camp and of the people of Nova Spanha, I declare that the essence, subject, and right of all this matter is not contained in words, but in deeds; and that his grace has up to the present time acted in a way very displeasing to God, to his majesty and to the king our sovereign, as I shall set forth in detail. As regards his grace's coming by authority of his royal majesty, the king ​Don Felipe, in order to discover lands, the islands of the West lying within his demarcation, and to propagate Christianity therein, as should be the principal purpose of so Christian a prince; and bearing withal instructions not to enter into aught, or in any way infringe the treaty and agreement made between the emperor Don Carlos and the king our sovereign Don Joan the Third (both of whom I pray God may have in glory): this does not absolve, but rather condemns him, inasmuch as he has acted in a manner so contrary to his instructions, neither making discoveries, nor founding any Christian communities, nor limiting himself to his own demarcation, but hastening with great speed to penetrate so many leagues through our demarcation—contrary to the faith, oath, agreement, and instructions of his true king and lord. He would indeed be able to say that he was ignorant of the bound and limit of these two demarcations, if Father Urbaneta had not told and requested him to settle such of the Ladrones Islands as, on his way around them, he might discover; if his majesty had not charged him not to enter, under any consideration, into the territory belonging to the king our sovereign; and if he had not been told and informed by the ships which were in this vicinity that the islands belonged to us, all which will appear, in proper time, in documents sworn before a notary. His grace's saying, in his letter written to me at Maluco, that he entered into this our conquest in consequence of stormy weather surprised me not a little, for the Portuguese in their voyages from Portugal to India (although even more exposed to inclement weather, to more violent winds, and to rough and heavy seas), never encountered a tempest of such violence as to ​endure for more than twenty-four hours, or in which, however far one of our ships might run, (with sails either furled or spread forth to the wind) they ever passed over an extent of more than fifty or sixty leagues—although, it is true, I have heard it said that one of our ships once ran a distance of eighty leagues; but his grace's having entered three hundred leagues into these waters of ours causes me anxiety, especially in view of his coming through a sea so calm and winds so gentle that small boats are able to navigate it, as most of the people of this region have told and declared to me. As regards his saying that he was absolutely obliged to enter, owing to lack of provisions, I reply through the lips of the captain of his company and those of ours here, who affirmed that in the Ladrones Islands where he was best employed in the service of God, so many boats brought him supplies that their number was estimated in one single day at six hundred; moreover, that in the islands aforesaid, and in others by which they passed, they obtained hens, swine, fish, rice, and yams. The same thing was told me by the father prior; and I understand that Guido de Lavezaris, treasurer of his majesty and his grace, having, in this archipelago of ours, nothing left of the six hundred boat-loads and obtaining in this region so little food in the boats or camp, sent to Panae and others of our districts for supplies at the cost of a great deal of trouble. This is a fact well attested, since I have been in this port; for I consented and allowed many vessels bearing supplies to enter, on their declaring to me that there was so great lack of provisions here that many soldiers were living upon grass. I assert it to be clear and evident, moreover, for every man of judgment and ​understanding, that so rich a fleet—comprising so large ships, sent forth for the purpose of discovery by its king, and departing from his kingdom of Nova Spanha, a land of so great fertility and abundance—would not lack supplies and munitions for three or even four years; and that a fleet so large as that of which his grace is commander must have come provided and supplied with everything necessary for a long period of time. And this was, indeed, declared to be the fact by the chief men of the encampment, who said that biscuit and supplies abounded on the flagship, when it arrived hence at Nova Spanha; and that there was great superfluity in many things obtained from the islands lying within their demarcation, as well as in many more which his grace brought over in his fleet. In this lack of provisions (in which he placed himself very much by his own choice), we placed Alvoro de Mendonça, who was then captain of the fortress of Maluco, at his disposal for everything that he might need from these lands and seas of the king our sovereign, in the month of July of the year one thousand five hundred and sixty-seven through the means of Antonio Ronbo da Costa and Baltesar de Sousa, whom I sent for this purpose from Maluco in two caracoras. This his grace did not accept—on account of the abundance of everything which he possessed, as it appears—contrary to the action which would be taken by one who is in necessity, and who avails and assists himself even through the medium of his enemies; and even more so in the case of so good friends as are and always have been the vassals of the king our sovereign and those of the sovereigns of Castela, between which princes there exists a very ancient relation and intimacy. The ex​cuse he gives, in addition to the others already mentioned, of entering into this our sea and conquest, because he knew that the Portuguese have no commercial relations as yet within these islands, is weak and of no avail; for in what law, either divine or human, does his grace find it written that, when the kings and their vassals disregard for a time commercial relations with lands belonging within their demarcations, others should consequently take therefrom gold and drugs, which do not belong to them? As for his saying that he entered here to look for Spaniards who remained in these islands from the fleet of Ruilopez de Villalobos, and that he has already ransomed one, and has information regarding two more—this is a very poor reason for violating good faith, truth, oath, and so solemn a compact between so Christian princes. This is especially true in view of the knowledge and experience (to which Guido de Lavezaris could testify) of the great affection and sheltering kindness with which those of the company of Ruilopez de Villalobos were received and transported to Spanha (at great expense to his highness and his captains), through the favor of the viceroy, and were well looked after in our merchant ships; while those who, with his approbation, wished to remain here, were likewise granted many favors, and, having become rich, now dwell in the fortresses and cities of India. Moreover, he might have trusted us in this matter of the three Spaniards, who remained here at all the less cost to his majesty, and without serving his highness. As for trying to make me to believe that he was serving the interests of the king our sovereign during his stay in this our king's land, with his safeguards and defenses, I emphatic​ally assert that they were all erected very much against his interests; for one who has the intention alleged by his grace gives evidences plain to all, assuring the inhabitants of the land against those accompanying him, but not by means of fortifications and a so great assumption of authority in another's kingdom—usurping therein the vassalage rights of his highness and transferring the same to his majesty, who already has so many; obliging the natives to pay him tribute, and laying down the law to them as if they were his own subjects; and taking them prisoners on their coming to see the captains of their real king and sovereign, as in the case of one who was captured as he came to the pinnace of Antonio Ronbo da Costa, and prevented from speaking with me. As for the chimerical charges which his grace makes against me concerning the letter of Antonio Lopez de Segueira, and the words of the soldiers of Antonio Rumbo, in what manner could he have formed an opinion from a letter written by an individual captain who had been separated for many days from my company, if the sincerity of my intentions should be truly proved without further indications? For I do not know the words of his letter; but the statement of Antonio Lopez, after having had several shots fired against him, was not without cause, inasmuch as, having learned that alien people had a considerable time previous entered into this our territory, and had made a settlement and erected a fort therein, knowing withal but little of his grace, and much of the compact, good faith, and sincerity of his royal majesty the king Don Felipe, it seemed proper to lay the blame upon the captain rather than on the king—of which, in the judgment of many, his grace was ​not so ill-deserving. God forbid that I should reply to what is said concerning the words of the soldiers, for I should be very much ashamed to have to give account, in so sorry a business, for my actions in entering and remaining in this port; and to make proof of the great zeal which I have for the service of God and of the kings our sovereigns, and of my great desire to preserve peace and amity between us—suffering, as I have, whatever wrong is done me in this camp. Let his grace judge me only upon sure grounds, and not on chimerical accusations of the past, the falsity of which I prove by good deeds in the present. With regard to his claim of not having ships in which to depart from these waters of ours into his own, during the three or four years in which he has been settled in this our port of Cebu, I maintain that he had more than sufficient time and ships in which to leave; for I know that the flagship could carry two hundred men, or as many as his grace may then have had in his camp quite easily (for the return passage had already been discovered), inasmuch as his grace intimated to me in a letter which he wrote me at Maluco that the flagship held even more. And of his own accord he ordered the patache "San Joan," the other small patache, and some frigates to be run ashore; for as soon as one came from Nova Spanha the others could easily go thither—a large fleet, certainly, since it contained more than a thousand men, together with a camp much larger. He lacked, therefore, neither supplies, ships, a known route home, nor time in which to depart from our demarcation, when he entered there, as is plain; the small patache and the flagship, also, were not lacking to him. We offered him everything that he ​needed from the fortress and fleet of his highness.
Therefore, from the above and from other things previously written, it remains proved, not by the Portuguese, but by the Spaniards themselves, and not by camp-followers but by his chief men, that his grace is not here through necessity, but with a very definite aim, awaiting more men and a fleet, in order forcibly to wrest Maluco, China, and Japan, from the king our sovereign. This is clearly shown by the words of the foremost men of his company, and by the many questions they put to us concerning our knowledge of these regions; as well as by the letters from Nova Espanha which have fallen into my hands.
The encampment: It is shown by the people and munitions which his grace ordered to be brought, and which were brought to him; the flagship and the patache; the extent of the defenses which he is erecting day and night; the great reënforcements which he is procuring from among the infidels to help him fight against us Christians—as was well made evident at the arrival of Antonio Ronbo and at mine; his ordering these people to hasten with their arms to this camp of his, summoning them to fill all the land with snares; and by his resolve to shed, with the aid of his ships, much Christian blood. All this consists of deeds, and not of imaginations such as he brings up before me regarding the king of Ternate; for it is much more certain that the latter has not yet gone forth from his kingdom than that he is now absent from it. It is true that I summoned that king to come with his fleet, as a vassal of the king our sovereign, for many reasons: first and foremost, to induce him to leave his land and not remain there, ​when I should go thither to investigate his evil deeds against God and his highness in the persecution of the Christian communities of Morobachan, Anboyno, and Celebs—as on several occasions, it was suspected, happened covertly. The second, to take satisfaction upon his people for the treasonable acts which the natives of Taguima committed in their harbor against the boats of the merchantmen from Maluco and of this fleet; but I was unable to inflict punishment by effecting a landing there on account of the country being overgrown with heavy thickets. The third, that I might negotiate for provisions for this archipelago, if his grace should long remain therein. The fourth, to chastise many Moros and natives who have injured, and are injuring, God and his highness. The fifth, to make such use as should be necessary of that king's services and labor. But as for availing myself of his forces against Christians, may God forbid that I should ever do such a thing; and blood so old and free from stain as mine, and so Christian a nation as the Portuguese are, would never tolerate it. And that this is true I have already intimated to his grace, to the father prior, and to Guido de Lavezaris, not forgetting where I begin this reply of mine—wherein I declare that his grace is wronging God, his majesty, and his highness, and is, besides, quite well understood in other matters pertaining to this affair. I add, moreover, in so far as God is concerned: his ordering or consenting to the sale of iron and weapons in this camp to the infidels, so as to arm them against Christians; his ordering javelins to be made in this settlement of ne​groes and in his own, which the Spaniards would take away to Mindanao and Cavetle to sell, exchanging them for cinnamon, hardwood machetes, axes, knives, and even for drugs. One of the principal items concerns the Lord's Supper—so jealously guarded by the holy fathers, and regarding which they have issued threats of excommunication, so stringent that no one can be absolved except by them. He suffers many men belonging to this camp to have carnal intercourse in public with native women, without punishing them therefor, although making a pretense of being rigorous in other matters of less importance. He takes other people's property, acting in all respects just as if he were ourselves, and thus takes our property against our will. As concerns his majesty, he reduces and renders null and void, in so many respects, his solemn compact (which deserves all the good faith and truth that should belong to so Christion a prince), and thus wrongs his blood relatives to whom he owes so many obligations. He takes from his highness by force these lands conquered by him; and he is awaiting more forces and a fleet to terminate completely the task of capturing them all. For this he is taking measures, with much preparation of war, in his hostility to the captains and people of his highness's fleet—among whom there is no hostile feeling, and who even offer amicably to serve, with much love and pleasure in so doing, both him and all his company. With regard to the two galleys which his grace asks from me, out of the three which I possess, it would not be right to give them to him, even though I found him doing many services to God and to the king our lord in this land. But when I find him wronging them, and intending to wrong ​them still more, I can but be startled at his grace's asking me for the sinews of this fleet and the sword with which to cut off my own head, as I would be doing if I should give him ships in order that he may carry out the more successfully his purpose—especially as no clause existed in the treaty which would oblige the king our lord to order ships and a fleet to be given to the Spaniards who might pass this way with the intention of doing him injury, in order that they might depart hence and continue on their way. As far as his grace's awaiting a reply from his majesty is concerned, I consider it even more unreasonable to ask for galleys; for, just as one who is committing some deadly sin displeases God all the more the longer he continues therein, so likewise, the longer his grace continues to transgress the good faith and truth of the contract made by his very Christian king and lord, the greater displeasure he will cause to God; but, if he would depart hence, upon our waters, in all peace and amity, God would be pleased and the princes satisfied, since they are so good Catholics and so close and intimate relatives. And his grace would thus be atoning for the past to the king our lord, and to me on his behalf; and would not, considering his age, be obliged, in this last quarter of his life, to oppose God in a matter so contrary to precedent and justice, by trying to remain forcibly in this our land and sea, at the cost of shedding innocent blood in the matter, or of its being wiped out at the same cost—when without any trouble or expense he may attain his wish, and be placed where he may see his sovereign; or, in case of loss, have security therefor, and profit into the bargain. Let him go forth once more to make discoveries, and to propa​gate our holy Catholic faith, in his own demarcation; and I entreat and summon him to depart with his camp into this fleet, where they will be treated with all the good faith, sincerity, and affection which befits good Christians and vassals of kings so closely bound. For the purpose of returning to Espanha, all necessary supplies and hospitable services will be afforded him. But let him not beg off by saying, as he has already said once, that he has instructions not to transgress or violate the treaty and compact in these our waters; for one who has, in all respects, up to the present time, done precisely the contrary will with all the more justice journey by our waters to Espanha, thus serving God and the kings our lords, rather than injure them by remaining. I also entreat him once more, and with special emphasis summon him, to have his instructions shown to me, as I on my part will do by sending him the orders of the king our lord, whenever he may, with a mind exempt from passion or self-interest, desire me to do so. And I entreat him earnestly as a favor, and I summon him in the name of God and of the said princes, to consider the agreement which I here propose to him; and, having considered it, to carry it out in all respects without distrust, reserve, deceit, or delay whatsoever. And if he does not wish to accept this fleet, which I offer him in order that he may depart, and return to Espanha, let him then depart from this island and from all others belonging to the demarcation of the king our lord, with all his camp, implements of war, his master-of-camp, his captains, ensigns, sergeants, corporals, and the other officers and people of war and the royal service. If his grace be unwilling to do this, I bear witness that all ​the blame and fault which may ensue in this matter will fall upon him, and that he and all his camp will be held and considered as suspected rebels against the mandates of his king and sovereign; and I shall remain exempt from any fault for whatsoever injury and evil may occur. And you, Pero Bernaldez, notary-public in this fleet for the king our lord, are commanded to read to him the contract, and to acquaint the said Miguel Lopez, general of the camp and people of Nova Spanha, with this reply, which shall be incorporated and annexed to the reply made by him, as aforesaid; and of this you will give me the document or documents necessary to be drawn up in public form. I likewise command you, Fernaõ Riquel, notary-in-chief of this camp, and all the other clerks and notaries thereof, to give and transfer to me all the summons, protests, replies, and responses which may be made in this matter, now or hereafter, and the instrument and instruments which shall be necessary to me, in duly attested form. In this galley "San Francisco," on the nineteenth day of the month of October of the year one thousand five hundred and sixty-eight. Let there be no doubt in the interlineation which occurs at the hundred and third line of the said reply, namely, vindo questa; and where it reads, in the margin, e requeiro, at the beginning of the two hundred and thirty-first line above-written—for it is all correct. In the same day and year abovewritten.
Goncalo Pereira.
(Notification: On the nineteenth day of the month of October of the year one thousand five hundred and sixty-eight, in this port of Çebu, at the place occupied by the very illustrious Miguel Lopez de Le​guazpi, general of the fleet and forces of Nova Spanha, there was given to me by Afonso Alvarez Furtado, factor of the fleet of the king our lord, the compact made between the emperor Don Carlos (whom may God preserve) and the king Don Joan the Third our lord (may he live in glory), and likewise the answer which Guonçallo Pereira, captaingeneral, sent to the reply to the first summons of the said Miguel Lopez de Leguazpi; and he ordered me, on behalf of the king our lord, to read it, and acquaint him therewith. And I read, and made him cognizant thereof, de verba ad verbum, before him personally and many persons of his camp. He replied thereto that he had heard the same, and would make answer. Witnesses thereto who were present at all the proceedings: the said Afonso Alvarez Furtado; Baltesar de Freitas, clerk of the said fleet; Martin de Goti, master-of-camp; Andres de Mirandaiola, factor of his majesty; Andres de Ybarra, captain; Dioguo Dartieda, captain; and Guido de Lavezaris, his majesty's treasurer—all of whom affixed their signature with me.
Pero Bernaldez, notary.)
(In the said day, month, and year above written, with me signed Fernando Herrequel, notary-in-chief of this camp and fleet. Witnesses: Martin de Goiti, Andres de Ybarra, Andres de Mirandaola, Guido de Lavezaris, Diego de Artieda, Fernando Riquel, Afonso Alvarez Furtado, Baltesar de Freitas.
Pero Bernaldez.)
Compact: Don Sebastiaõ, by God's grace King of Purtugual, and of the Algarves here and beyond the sea, in Afriqua; Seignior of Guinee and of the con​quest, navigation, and commerce of Ethiopia, Arabia, Persia, and India—to all the corregidors, auditors, judges, justices, officials, and persons of my realms and fiefs, to whomsoever this my letter of testimony may be presented, and on whom the recognition thereof is incumbent, greeting: I hereby declare that, through Gonçalo Pereira, knight of my household, captain-general of my fleet, now at my fortress of Maluco, I was petitioned by Alvoro de Mendonca, captain of the said fort, and knight of my household, that I should order a copy made of the compact which was made between the king Don João and the emperor Don Carlos, my ancestors of glorious memory, in regard to the doubt and controversy of Maluco; the same to be filed in the factory of the said fortress, in order that he might thereby justify himself completely with Miguel Lopez de Leguazpi, captain-general of the fleet of the king Don Felipe, my much loved and esteemed brother, now stationed at the island of Çebu. The copy of this contract I have ordered sent to the said captain; it is, de verbo ad verbum, as follows:
Don Johan, by the grace of God King of Purtugual and of the two Algarves here and on the other side of the sea, in Afriqua; Seignior of Guinee, and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, and India,—to all the corregidors, auditors, judges, justices, officials, and persons of my realms and fiefs, to whom this my letter of testimony may be presented, and on whom the recognition thereof is incumbent, greeting: I hereby declare that by my governor Jorge Cabral, orders were sent to my auditor-general (whom, with appellate jurisdiction, I maintain in those parts of India), to ​forward a testimonial letter giving a copy of the compact made between me and the emperor, my greatly beloved and cherished brother, regarding the dispute and controversy of Maluco, in the interest of which, and thus ordered in fulfilment of my duty, the said copy of the compact was forwarded in the testimonial letter by two routes. The copy thereof, de verbo ad verbum, constitutes what follows in the consecutive pages adjoining this.
Don Joaõ, by the grace of God King of Purtugual and of the Algarves on this side and beyond the sea, in Afriqua; Seignior of Guinee and of the conquest, navigation, and commerce of Ethiopia, Arabia, Persia, and India, to all the corregidors, auditors, judges, justices, officials, and persons to whom this my testimonial letter shall be shown, and on whom the acknowledgment thereof is incumbent: I inform you hereby that my attorney tells me that, for the protection and preservation of my laws he needs the copy of the compact which I have made with the emperor, my greatly beloved and cherished brother, in regard to the dispute and controversy of Maluco. It is as follows:
[Here follows the compact or treaty of Zaragoza, April, 1529, whereby Cárlos relinquishes all rights to Maluco for the consideration of three hundred and fifty thousand ducats. The essential parts of this treaty are given in vol. i, pp. 222 ff. of this series.]
[The summons or notification proper then continues:]
And, on his summoning of my said attorney, I ordered him to forward to him this my letter of testimony with the copy of the said compact given in the town of Almeyra on the ninth day of the month of ​December. Ordered by the king's decree through the licentiate Francisco Diaz de Amaral, of his desembargo, and corregidor of my court with jurisdiction over criminal affairs, Antonio Ferrãz drew up the same in the year one thousand five hundred and forty-five, and I, Pero Dalcaceva Carneiro, of the said Council of the said sovereign, and his secretary and notary-in-chief in all his kingdoms and possessions, countersigned it.
(This compact above preceding and declared was here copied entire from the copy sent from the kingdoms, which was signed by the licentiate Francisco Diaz de Amaral mentioned therein, approved by the chancellor's office, and drawn up by the secretary, Pero Dalcaceva Carneiro and Joaõ de Figueiroa. Wherefore, coming as it does in the manner above set forth, this copy, which was derived therefrom and written here, is a true one, without any thing of a nature to cause doubt save a certain interlineation reading "within the said line, which such islands or lands." For, to make the same a true copy, it was written on thirteen half-sheets of paper and compared, from beginning to end, by the official whose name is affixed hereto; and full faith shall be given the same wherever it shall be presented, in court or out, in view of the fact that, for greater assurance, it is sealed with the seal of my arms in this city of Goa on the twenty-third day of April. The king ordered the same through the licentiate Christovaõ Fernandez, member of the desembargo and auditor-in-chief of India with appellate jurisdiction. Lopo Daguiar, a notary by office, had the document written and subscribed, by the authority which he possesses, in the year of the birth of our Lord Jesus ​Christ, one thousand five hundred and fifty. Pagado nihil. The licentiate,
Christovao Fernandez.)
(Compared with the original copy by me, a notary, in conjunction by the official here subscribed. Antonio Fernandez, Lopo Daguiar. Pagado nihil. Lopo Daguiar. The licentiate,
Andre de Mendanha.)
(This compact previously and above set forth was in its entirety copied from the copy of another copy sent from the kingdom and signed by the licentiate Christovan Fernandez mentioned therein, which was approved by the chancellor's office, and compared by Antonio Fernandez and Lopo Daguiar: wherefore, on account of its above-mentioned source, this duplicate emanating therefrom is presented here as a true and correct copy, without there being anything therein which would cause doubt. It was all inscribed upon seventeen half-pages of paper, with the copy of the letter-patent and that of the compact, compared in its entirety by the official hereunto subscribed. Wherefore full and entire faith shall be given to the same, wherever it shall be presented, both in and outside of court, inasmuch as, to assure the same, it is sealed with the seal of my arms in this fortress of Maluco on the second day of the month of September. Ordered by the ​king through Alvaro de Mendonça, nobleman of his household and his captain in this said fortress, and through Thome Arnaõ, court-notary who had it drawn up and subscribed, by the authority possessed by him thereto, in the year of the birth of our Lord Jesus Christ one thousand five hundred and sixty-seven. Pagado nihil.
Alvoro De Mendonca.)
(Collated with the original copy of the said copy by me, a notary, in company with the officials here-unto subscribed. Dioguo de Paiva, Thomé Arnaõ, of the chancery.
Vasco Martinez.)
(This is the copy of a reply which the very illustrious Miguel Lopez de Leguazpi sent to Gonçalo Pereira, captain-general in these regions of the South for the king our lord, which reply I, Pero Bernaldez, notary-public of this fleet, copied from the original at the request of the said Miguel Lopez de Legazpi.)
I, Miguel Lopez de Legaspi, governor and captain-general for his majesty the king Don Felipe, our sovereign, over his people and his royal fleet for the discovery of the islands of the West—in reply to the rejoinder made by the very illustrious captain-general of the Portuguese fleet, to the response which I made to his first summons, do now confirm my response aforesaid, which is absolutely true, as said and declared therein; and this will be proved and established with true and sufficient evidences and proofs, at any and all times, as it shall prove necessary. And I do not feel bound to reply to many of the things contained in his rejoinder, inasmuch as they are ut​terly irrelevant, and have nothing to do with the business here concerned—tending, as they do, to attribute fault, and cause for slander, where there is none; many of them, also, being untrue, and unworthy of a person in so serious and important a station, and of so illustrious and Christian blood as the said captain-general claims to possess. And thus denying it, in all and for all, and coming to the essential points, I declare and affirm that my entrance in this island was occasioned by the reasons and causes contained in my response; that it was forced and necessary, and without my knowing that I had passed the line of demarcation. And this I neither knew nor understood until the said captain-general assured me of it in his letters. And likewise I affirm that I was detained, and remained here against my will, through my inability to leave in any way for lack of ships and provisions; and not intentionally or purposely to harm, in any way whatsoever, the very illustrious and puissant sovereign, the king of Portugal, or any of his possessions, or to harm any third party. Nor had I the intention of taking anyone's property away from him, as may be proved by those principal persons of this camp by whom his grace declares himself to be informed of the contrary; for, if put upon their oaths, they will, as Christians, be unable to escape the necessity of telling the truth. And, as a man who has desired, and still desires, to depart hence, the first time when Antonio Rumbo da Costa and Baltasar de Soza came here, I informed them that what I needed for that purpose was ships, and that ships were on their way; and so I have informed his grace many times. In this necessity, however, he has up to the present time given me neither ​remedy, aid, nor favor—which I expected from friends and vassals of a sovereign so related by kinship and blood with his majesty; and as I would have done for them, if I had found them in the plight in which they find me. It is no valid objection to say that I have had ships in which I could have left—such, for example, as the "Capitana" and the "San Juan," which went to Nueva España—for the "Capitana" carried about two hundred persons, and the patache "San Juan" seventy, 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 fanégas 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, to 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 Çubu on the twentieth day of the month of October, of the year one thousand five hundred and sixty-eight. No doubt should be oc​casioned 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 Gonçalo 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 proper 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 Mendonça, 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 re​spect, 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 justiça ["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 la Haya, captain—all of whom affixed their signatures to​gether 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 Gonçallo 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 any time 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 cause, and, in his royal name, our own. Therefore, in the name of God omnipotent, our Lord, and of his majesty, I beg and summon his grace once, twice, thrice, and as many more times as I am bound by law—not to consent to or permit any wrong or injury to be done, directly or indirectly, by evasions, ​or in any other manner whatsoever, in order that Christian blood may not be shed without cause or occasion, to the great displeasure of God and of the princes our sovereigns. For my intention was not to do any harm to any one; but rather I offer to pay all and any damage which may result from my stay here; and I declare that, if he do the contrary, then all the deaths, damages, losses, and interests shall fall upon his head and responsibility, and that he shall be obliged to pay and make satisfaction for the same. Moreover, I protest, as much as the rights of his majesty and our own make it incumbent upon me, to demand, allege, and protest, and, although it be not declared or specified here, I do allege, demand, and protest therein, as many times as the law and my duty require. And I do not admit the protestations and condemnations which are contained in his summons and protest; and I request that this response shall likewise be read, shown, and made known to all the captains of his fleet, together with the clauses of my instructions, in order that they may see our justification; and, having seen it, comport themselves as Christians—so that God our Lord, and our princes, may be better served, without shedding Christian blood; and that the other injuries and difficulties which, in the opposite event might ensue, may be avoided. And I require and summon you, Fernando Riquel, notary-in-chief of this camp, to read and make known this response and protest, and the clauses mentioned therein, to the said captain-general, and the other captains of his fleet; and, with his response, or without the same, to give me the testimonies and copies necessary to me in his majesty's interest, and to my own in his royal name. Given in Çubu, on the ​twentieth day of October of the year one thousand five hundred and sixty-eight.
Miguel Lopez de Legazpi.
(Notification: The foregoing answer and clauses, I, Fernando Riquel, notary-in-chief in the government employ, read and made known to the said very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, in his own person, as well as to the other captains of his fleet, de verbo ad verbum, in such a way that it was understood—those captains being Alvaro de Mendonça, Don Duarte de Meneses, Simon de Mendoça, Lorenço Furtado de Mendoça, and Mendo Ruellas de Vasconcelos—on the twentieth day of the month of October of the year one thousand five hundred and sixty-eight. And let it be understood, that although I reckon today as the twentieth of October, the summons to which this is the response, was made upon the twenty-first, everything having been done upon the same day. The cause for this is the difference between the Portuguese and the Castilians, the former reckoning one day ahead, and so it is in all the rejoinders and summons. I delivered this notification and summons to the said parties on the galley "San Francisco," this day, the twentieth of October, in the presence of the foregoing persons, and of Alonso Alvarez Furtado, factor of his highness—all of whom signed their names here, together with me; likewise Christoval Ponce, notary of his majesty's camp. Simaon de Mendonça, Alvoro de Mendonça, Lourenço Furtado de Mendonça, Don Duarte de Meneses, Alfonso Alvarez Furtado, Mendornellas de Vasconcellos, Christoval Ponse de Leon.
I testify thereto,
Fernando Riquel.)
Pero Bernaldez.)
(This copy was compared before me, Baltesar de Freitas, notary of the fleet, on the said day and year above specified.
Baltesar de Freitas.)
(On the day, month, and year aforesaid, I was present at the collation and comparison of this copy.
Fernando Riquel.)
(This is the copy of certain clauses of [the instructions given by] the royal Audiencia of Mexico, which the very illustrious Miguel Lopez de Leguaspi sent to Goncalo Pereira, captain-general in the regions of the south for the king our sovereign—which document was copied at the request of the said Miguel Lopez de Leguaspi.
I, Fernando Riquel, notary-in-chief of the royal fleet for the discovery and administration of the islands of the West, for his majesty, King Don Felipe, our sovereign, testify and affirm to all persons, who may see the present: that in a set of instructions and regulations, signed by Don Luis de Velasco, former ​viceroy of Nueva España; the licentiate Valderrama, visitador-general and member of the council of his majesty; Doctor Ceynos, Doctor Villalobos, Doctor Horozco, Doctor Vasco de Puga, and Doctor Villanueva—all auditors of the said Royal Audiencia of Nueva España, resident in the City of Mexico—and countersigned by Antonio de Turcios, secretary of the Audiencia, is contained, among many other clauses, the following:)
"The course of conduct which you, Miguel Lopez de Leguaspi, appointed as governor and general on his majesty's behalf, for the discovery of the islands of the West, by the very illustrious viceroy Don Luis de Velasco, late governor and captain-general of this Nueva España, and president of the royal Audiencia resident therein, are to adhere to in the voyage and expedition which with the aid of God, our lord, you are about to undertake for the discovery aforesaid, with the ships which have been constructed for that purpose by his majesty's orders and are now at Puerto de la Navidad in this Nueva España, on the coast of the South Sea is as follows:"
[See ante, p. 89 ff., for synopsis of these instructions.]
[The clauses sent thus by Legazpi relate in general to the course to be pursued in the expedition in regard to the Portuguese and their possessions in the eastern seas—assuming, however, that the Philippines fell within Spain's demarcation, wherein Legazpi was ordered to effect a settlement. The document continues:]
(I took the above clauses from the said instructions and regulations. They were signed by the above-mentioned viceroy [Antonio de Mendoza], the ​visitador, and the auditors, as is sufficiently apparent; and to that document I refer, by order of the most illustrious governor Miguel Lopez de Leguaspi. The same are well and faithfully copied, and the comparison and collation thereof took place before Christoval Ponze, notary of this camp, and Juan de Gamboa. And they are well and faithfully copied. Given in the island of Çubu, on the twentieth day of October, in the year one thousand five hundred and sixty-eight. Therefore, I, the said Fernando Riquel, affix hereunto my signature and accustomed flourish, in attestation of truth.
Fernando Riquel.)
(I, Fernando Riquel, notary-in-chief of the government, read and made known to the said most illustrious Gonçalo Pereira, captain-general of the Portuguese fleet in his own person, and to the other captains of his fleet—to wit, Alvaro de Mendoça, Don Duarte de Meneses, Simon de Mendoça, Lorenço Furtado de Mendoça, Mendornellas de Vasconcellos—the above reply and clauses, word for word, so that he might have full understanding thereof, on the twentieth day of the month of October, in the year one thousand five hundred and sixty-eight. It is understood that, although I reckon today as the twentieth of October, the summons to which this is a reply was dated on the twenty-first, all which took place on one and the same day. The cause for this difference between the Portuguese and Castilians is ​that the Portuguese are one day ahead. This is so in all their replies and summons. I delivered this notification and summons above-said in the galleon "San Francisco" on the twentieth day of October above-said, in the presence of those above-mentioned, and Alonso Alvarez Furtado, factor of his highness; and they all signed their names jointly with me and Christoval Ponze, notary of his majesty's camp. Simon de Mendoza, Don Duarte de Meneses, Alvoro de Mendoça, Lorenço Furtado de Mendoça, Mendornellas de Vasconcelos, Alonso Alvarez Furtado, Christoval Ponze.
Fernando Riquel.)
(This copy was collated thoroughly with the original by me, Pero Bernaldez, notary-public of this fleet. It has no interlineations or erasure which would cause doubt. There occurs only the following interlineation, namely, entender ["to understand"], which was added to make it correct. The said Fernaõ Riquel was present at the collation, and signed here jointly with me and Baltesar de Freitas, notary of the fleet, who placed here his approval. Collated on the twenty-ninth day of December of the year one thousand, five hundred and sixty-eight.
Pero Bernaldez.)
(I certify that this copy was collated in my presence, Baltesar de Freitas, notary of this fleet, on the day as abovesaid.
Baltesar de Freitas.)
(On the said day, month, and year abovesaid, I was present at the correction and collation of this copy.
Fernando Riquel.)
Fourth summons: Replying to this third answer of the very illustrious Miguel Lopez de Leguazpi, ​general of the fleet and people of Nova Espanha, I declare, as I have already said in my reply, that actions speak louder than words. Up to this point I have acted in a way pleasing both to God and to the kings our lords, being bound to serve both equally well, on account of the close and long enduring union which, always existing between the former sovereigns of Castella and Purtugual, does now likewise exist between these present rulers. And, understanding from the instructions which his highness [of Portugal] gives to his captains for such cases, that he orders them to serve the interests of his royal majesty, King Don Felipe, in every possible way not at variance with his own interests, I have in all respects thus carried out his commands and all the stipulations of the treaty; while his grace has violated the same in so many ways, principally in making traffic, on behalf of Nova Espanha, of gold and drugs from this region within our demarcation—a thing forbidden in specific terms in the treaty. This does not harmonize with what his grace says about stress of weather and the lack and necessity of ships—for one who has been engaged in traffic knows the remedy for such cases, and his grace did traffic in our gold and drugs, and sent for reënforcements, by the fleet—a thing which, likewise, does not harmonize with his affirmations. For, the fewer people the ships contained on coming from Nova Espanha, the better could his grace lodge himself therein with all his camp, there being none in the whole voyage to obstruct his way provided they had sufficient crews. But God exists, and heaven cannot be covered with a sieve; nor are there diseases of the eye so serious as to be able to hinder the perception of a thing so evident. His ​grace is condemned by his own captains for his transgressions against the treaty, while he himself admits that his instructions forbid him to enter our demarcation. And although, in view of the above, I was released from obligation to do him any favor, yet I have been begging him for a considerable time to make use both of me and of this fleet, since he himself possesses none, and to depart therein upon his way. Nor is it reasonable that his grace should depart alone in any of these ships; and he must be out of his senses, after staying here four years, to undertake to wait four more in this land of the king, our lord—for that is the least time in which ships can be constructed in Nova Espanha for him to depart in; and this season there could reach him only the patache "San Joan," and some ship or other from Peru, a very small conveyance for so large a camp. Wherefore I beg him as a favor, and summon him, once and many times, to depart in this fleet belonging to the king, our lord,—or, better, to his majesty—together with all the people of his highness, inasmuch as this tends to the latter's service; for this is the easiest and best remedy, to depart from our conquest, and observe, at least, in part, the treaty. Likewise, I again request him to come with all his camp to this fleet, that we may both continue together the work of propagating our holy Catholic faith, and destroying the sect of Mafamede [Mahomet] in Maluco, Java, and Acheen; for as this work is so pleasing to God, it should be likewise so to so Christian a sovereign as is his majesty. And—in payment for the many times when the kings of Purtugual went to Castella to render aid to her sovereigns against the Moors who were warring against them—it would be better for us to join our forces, and change ​our hostility to friendship, as the battle of Selado, and the raising of the great siege of Sevilha, and many other battles in which the Portuguese added luster to their name in the service of the said kings, demand—and, in our own times, those fleets of ours which participated in the capture of Tunes, in the island of Dargel, or again in the taking of Pinhaõ, and in many other public and private undertakings in which, with both money and arms, we greatly aided the kings of Castella. In spite of all this, his grace will not grant me a thing so reasonable and pleasing, both to God and to the kings our lords, and to the advantage of their army; but, on the contrary, so obstinately refuses to accept the offer of this fleet, and will not depart from our land, but steadily continues building fortifications and throwing up new breastworks, from which he attacked the fleet of the king our lord in this his port, and fired several shots at us from the fortress, as if we were Moors and pagans. And yet I did not allow him to be bombarded, in reply, from this galley "San Francisco," although I had cannon with which I could have caused him much anxiety; but rather retired, in accordance with my constant desire, past and present, for peace—as is seen in my reluctance to make war upon him or to be the cause of shedding Christian blood. Thus I have acted very differently from his grace, who had ambuscades laid at the fords, whither I sent my boat, ​peaceably, without any soldiers aboard, in order to show in all respects my great desire to avoid war. As for his grace's saying that I opened fire on his fort, it was only after I had sent him word beforehand not to make this necessary; so that the desire which has since been made evident by him was shown therein also. And a few bombardments from the boats, moreover, were not sufficient either to deter his people on land from continuing their work upon our land and sea, or his grace from breaking out in open war against me with great ardor and desire; while I, on the contrary, had very little desire to injure him, but allowed many vessels, people, and provisions to go into the fortress, wherewith he could fortify himself against this peaceful fleet of the king our lord. And with regard to the clauses of his instructions which his grace had shown to me in his defense, I would say that this was of service to me; for although, it is true, one of them says that he shall go among the Filipinas islands, yet, immediately thereafter follows a contrary clause to the effect that he shall in no way transgress the treaty and agreement between Castella and Purtugual, which has the more force to prevent him from going to the Filipinas, in virtue of the more effectual words contained in the solemn covenant of the treaty aforesaid. Moreover, in regard to his grace's saying that the desire entertained by his majesty was not to enter our demarcation, and that he thought the Filipinas were in his, I would say that in all kingdoms, when it happens that doubt arises in the instructions, letters, provisions, or charters of the sovereigns, it is the custom to be guided thereby according to the intention of those who gave them. Another clause declares that, if he find us in ​his demarcation, he shall not do us any violence; but his grace came even to our own territory and did this, acting in flagrant disobedience to what his instructions allowed him, by undertaking illegally and wrongfully thus to dispossess us of our land and sea. And again I beg and summon him, once and many times, on the part of God, and of the kings our lords, not to do us violence, but to depart in this fleet, in the doing of which he will be doing great service to God and to the sovereigns aforesaid. And if he do not this, I declare by all the declarations of the protest sent to him through Pero Bernaldez, notary-public of this fleet, on the twenty-first of October, in the year one thousand five hundred and sixty-eight, that all the losses, deaths, dispossessions of property, and damages consequent shall fall upon his grace, while I shall remain free and absolved therefrom. I request and summon you, Fernaõ Riquel, notary-in-chief of that camp, to read and make known this response to the said Miguel Lopez, and with his reply—or without it, if he refuse to give it—to deliver to me the certain instrument or instruments which shall be necessary to me; likewise that you send me such instruments, so arranged as to be authoritative, containing all the summons, protests, duplicates, replies, rejoinders, and letters which have been exchanged and written in this affair hitherto. In this galley "San Francisco," on the twentieth day of October, in the year one thousand five hundred and sixty-eight. There is no doubt or wrong erasure herein.
Guoncallo Pereira.
(Notification: In the island and port of Çubu, in the Filipinas, on the twenty-seventh day of the month ​of October of the year one thousand five hundred and sixty-eight, before the very illustrious Miguel Lopez de Legaspi, governor and captain-general for his majesty of the war and of the fleet for the discovery of the islands of the West, and in the presence of me, Fernando Riquel, chief notary of the same, there appeared Roque Bras, a servant, claiming to be in the service of the very illustrious Gonçalo Pereira, captain-general of the Portuguese fleet anchored in this port; and, in his name, presented this document as contained above. And he asked me, the said Fernando Riquel, to read the same, and the said governor ordered me to read it; wherefore, to carry out his commands, I did read it, de verbo ad verbum, as well and exactly as I could, considering that it was written in Portuguese. The said governor, on hearing the same, said that he had heard it and would respond thereto—witnesses to all the abovesaid being the master-of-camp Martin de Goiti, Captain Diego de Artieda, Captain Luis de la Haya, and Captain Juan de Salzedo, all of whom signed the same jointly with me. Martin de Goiti, Diego de Artieda, Luis de la Haya, Juan de Salzedo.
Fernando Riquel.)
(Response: This is the copy of a response which the very illustrious Miguel Lopez de Leguaspi sent to Guonçallo Pereira, captain-general in these regions of the south for the king our lord. I, Pero Bernaldez, notary-public of the said fleet, copied the same from the original at the request of the said Miguel Lopez de Leguaspi.)
I, Miguel Lopez de Leguaspi, governor and captain-general for his majesty King Don Felipe, our ​lord, of his people and royal fleet for the discovery of the islands of the West: in response to the summons of the very illustrious Gonçalo Pereira, captain-in-chief of the Portuguese fleet, served on me the twenty-seventh day of this present month of October, I declare that it is true, as contained in his summons, that "actions speak louder than words," as also do offers without actions—which in his case we have seen to be very different. For it is manifest and known to all that his actions have been, and are, very different from good words; since on the twentieth day of this month, without any cause or legitimate reason, or without the removal of the assurances given by one to the other, or without making or giving any warning or information, his grace ordered his galleys and small vessels to make an attack on certain fortifications and defenses of ours. And they attacked and fired many cannon and arquebuse-shots at the people on the shore and bank near the fort aforesaid, without any artillery being fired at them in return from this camp, which could do them harm, until the outcome of the affair was seen. On the contrary, astonished at the treatment afforded us when we had not given any occasion whatsoever for the same, I wrote to his grace that very day. He, without any reply to what I had written, sent, the next morning, two galleots and a pinnace to take up a position in the other entrance of this harbor (where they now are), in order to prevent us from receiving any supplies or provisions. He has blockaded us upon all sides; and, what is most intolerable of all, the galleys and pinnaces aforesaid have sacked, fired, and burned all the neighboring villages, and killed the natives and inhabitants, without exempting even women and chil​dren, in the towns of Gavi, Cotcot, Diluan, Denao, and Mandavi—for the sole reason, and no other, as I understand, that they had been at peace with us, and had supplied and sold us provisions for our money. All this cannot be denied, inasmuch as we have seen it all with our own eyes. This may well be called deeds, and not words; and he has answered with a war of incredible cruelty. And in view of this, it is not surprising that we should have taken or that we do take some precautions, since he has made war so openly, and now tries to do us so open violence and injury. As far as the pleasing of God and of our rulers is concerned, it is of very little service, or none at all, to say that we should go to his fleet; for this cannot be done without violating his majesty's orders, to which I shall not expose myself. Moreover, all possible justifications have been offered on my side for not departing from this land and leaving it free; and, if necessary, I now offer them again. And it has no bearing on the subject to say that I have been here four years and desire to remain four years more; for my intention and desire has not been, nor is, to remain here even one year, but to depart as soon as I receive despatches and ships from his majesty—which, at latest, will be here with the next northeast wind. And as for his saying that only the patache "San Juan" and one ship can reach me, that is all nonsense; for his majesty, if he desire, can send one, six, ten, or twenty ships from Nueva España, for they have them In the South Sea there. And, what is more, I offer to depart with those that come, whether they be few or many, this being the easiest, shortest, and quickest remedy for what his grace says he wishes and desires—namely, ​that I should leave this land free and unembarrassed. And in this way he will receive full satisfaction very shortly, without loss, damage, or injury whatsoever to the one side or the other, unless his grace himself chooses to give occasion therefor. And, if he do this, he will do his duty, and what he is bound to do in the service of God and of our sovereigns, and will obviate the necessity of shedding Christian blood—as well as an infinite number of damages and annoyances which might otherwise ensue and come to pass now or in the future. And if, in the event of his grace's not being willing so to do, any further damage, loss, or scandal should ensue, then I declare that he shall be guilty of it all; and that he shall be considered to have acted criminally in all respects and be obliged to give an account of his deeds to God and to our sovereigns and rulers. And I ask and summon him—once, twice, thrice, and as many more times as I am required by law—not to permit violence to be done me, or any injury or warlike action such as he has undertaken, much to the displeasure of God and of our sovereigns and lords. And I protest, in all ways in which I have already protested, and all others in which, on his majesty's behalf, I am bound to request, declare, affirm, and allege—all of which, although not specified in detail, is fully expressed herein. And as for what he says about its being better to join his fleet in the work of propagating our holy Catholic faith, and destroying the sect of Mahomet in Maluco, Java, and Achen, in compensation for the many occasions on which the sovereigns of Portugal aided those of Castilla against the Moros—I say that if his highness or he, in his royal name, wage war against the pagans in these islands, and ​have need of other people's assistance, I am ready and prepared to give him soldiers to help, and to go with him to the places above-mentioned, in the service of the very illustrious and puissant King of Portugal, conformably to the instructions and orders which I have from his majesty, provided that his grace give them ships and supplies, and such other securities as may be reasonable from one party to another. Regarding what he says of the clauses of my instructions, the unequivocal, holy, and sincere intention of his majesty stands clearly forth therefrom, and should be received and admitted as such; and likewise the fact that I myself have fulfilled his royal orders, and have no intention of injuring any one or taking other people's property from them. For I offer and stand ready to depart, just as soon as possible, from everything which his grace declares to belong to his highness, without any further summons; and to pay for all the years of my stay here. This—being, as it is, the truth—is sufficient satisfaction for all that his grace has said or may say in the matter; for I desire to follow his instructions provided it be within my power, and depart from this land and leave it free and unembarrassed. And therefore I declare that I will do this, as I have said—refusing at the same time to admit his allegations, and basing myself upon those which I have made on my own part, which are true and certain. Given in this settlement and camp on the twenty-eighth day of October in the year one thousand five hundred and sixty-eight.
Miguel Lopez de Legaspi.
(Notification: In the galley "San Francisco" of ​the royal fleet of Portugal, on the twenty-eighth day of October in the year one thousand five hundred and sixty-eight, I, Christoval Ponze, notary, read and made known this response and summons of the very illustrious Miguel Lopez de Legaspi, governor and captain-general of the fleet for the discovery of the islands of the West, to the very illustrious Gonçalo Pereira, captain-general of the royal fleet of Portugal, in his own person, de verbo ad verbum, in such a way that he understood it. He responded that he heard and would make answer to the same, witnesses being Don Duarte de Meneses, admiral of the said fleet, Antonio Lopez de Sequeyra, Mendornellas de Vasconcellos, and the factor Alonso Alvarez Furtado, all of whom signed here their names. Don Duarte de Meneses, Antonio Lopez de Sequeyra, Mendornellas de Vasconcellos, Alfonso Alvarez Furtado.)
(This copy was carefully collated with the original by me, Pero Bernaldez, notary-public of this fleet, without there being found any interlineation or erasure which would cause doubt—although there is an erasure of the word no ["not"] which was made without deceitful purpose. At this comparison was present the said Fernaõ Riquel, who signed here with me, together with Baltesar de Freitas, notary of the fleet, who placed here his approval on this twenty-ninth day of December, in the year one thousand five hundred and sixty-eight.
Pero Bernaldez.)
(This copy was compared before me, Baltesar de Freitas, notary of this fleet, on the day aforesaid.
Baltesar de Freitas.)
Fernando Riquel.)
Fifth summons: In response to the fourth reply which the very illustrious Miguel Lopez de Leguaspi, general of the fleet and people of Nova Spanha, sent and had conveyed to me on the twenty-ninth day of the month of October in the year one thousand five hundred and sixty-eight, by Christovão Ponze de Leon, notary of his camp, I say that I cannot help being amazed again and again at seeing how his Grace attempts to depreciate my actions and give luster to his own—those on the one side being so different from those on the other, and done in sight of his camp yonder and of this fleet stationed here. When there are, however, so many noblemen and gentlemen of such reputation for sincerity and truth, his Grace will not be able to deny that during the forty days of peace in this port, he did not see any sign of hostility in this our fleet of the king, our lord, or any indication thereof, inasmuch as ships were allowed to enter to him with men and provisions aboard—when by capturing them, as could have been done easily, I could have caused him much annoyance, if my intention had been to bring about such a consummation. His Grace, however, in great contrast to my own procedure, on the same days and during the same peace, had many breastworks and defenses constructed in his fortress, and corresponding defenses outside of the same with a great amount of artillery mounted on many baskets filled with earth. These were quite sufficient to defend himself against a great army, rather than a small band of Portuguese zealous in the service of ​God and of the kings our lords, and reluctant to shed Christian blood even in so just a cause. Nor will he deny that—not content with having so strong a fortress, with so many Spaniards to make defense against us in our own territory in case I should undertake to do him violence therein—he ordered, during the term of the peace, an artillery station to be established on the bank opposite where he took in water, in order to prevent me from obtaining any; and up to the present time he has refused to let me have any, although this is our own land. Moreover, he desired to cannonade the fleet at short range from the fortress aforesaid, as afterward more clearly appeared; for, on my immediately writing his Grace through Baltesar de Freitas, notary of the fleet, to do me the favor to order that this should not occur again, since it seemed more the act of an enemy than of a friend, he wrote me in return things irrelevant to the case, while the rest of his letter consisted only of vain words and compliments. I wrote to his Grace again the next day, sending my letter by Pero Bernaldez, notary-public of this fleet. In this letter I asked him again to do me the favor of ordering the work to be destroyed; otherwise, I should consider myself authorized to declare that war had broken out, and that the assurances between us would remain null and void—as his Grace will see in my letters, since his memory is so feeble as he says and declares, since he says and declares that without the assurances being canceled as yet on either side, and without giving any warning or intimation whatsoever, I ordered the boats and galleys to fire on his fortifications and basket defenses. But this I did, in reality, in firing on the black people of the land, ​who were acting against their true king and lord. Little blood was shed in this affair, as I have ascertained, but all this business his Grace owes to his failure to reply to or satisfy me—acting as if he wished open war with me, as was seen by the breastwork which he had constructed. And—after a few volleys had been fired from the said boats, galleys, and pinnaces, in reply to the many broadsides which they let fly at us from their fortress-here on the afternoon of that same day Fernan Riquel, notary-in-chief of that camp, came with a reply from his Grace, also a copy of certain clauses from his instructions, and a message to the effect that he would finally have the work stopped, if this fleet would stand off farther from shore. This I showed to the said Fernaõ Riquel, who suddenly became shortsighted, in order not to see it; nevertheless, I ordered the boats to retire, and to fire no more. And the next day I did not, on my part, consent that they should go on increasing the work further. In what, then, does his Grace find here, up to the present time, more good words and deeds than mine? Moreover I gave him much more peace. It should be added that after the boats had killed many Indians and a few Spaniards, they ceased from further shots that afternoon and the following day. It would then have been just and due to us that his Grace should have had the basket defenses destroyed—for that was the true road to peace and amity after so long a period of enjoyment of our land—rather than to allow a bombardment, as cruel as if against heretics, to take place and endure from eleven o'clock in the morning till sunset. These ships of the king our lord were pierced with balls in ​his own port, killing several persons, and so aimed as to kill many more, if I had not used caution and retired. This affair is certainly an ugly and terrible one, before God and men. I did not, however, consent that any broadside should be fired from this galley, the "San Francisco," although I had pieces of very large caliber therein, which could have done much damage to the fortress and defenses. And therefore, up to the present time, I have not shed, nor given occasion for the shedding of Christian blood as his Grace has done in batteries and ambuscades—although none whatever were made against him, inasmuch as I restrained myself when I could have done him much injury by fire and sword. The sovereigns yonder, however—who are so good Christians and have clear minds—will judge of the fair words and fair deeds of his Grace, and of my deceitful words and most evil deeds; for we cannot be good judges in our own behalf in such an offense committed against the king, our lord, and his vassals. Quickly turning to the work at hand, a little later on the same day of the cannonading, I ordered the galleys to take possession of the other mouth of this harbor; for, now that his Grace has broken out in war against me, it seemed to me better service to God, and to the kings our lords, and a Christian's obligation, to pursue hostilities by means of starvation rather than by fire and sword—for although I blockade you with it, I have ordered this fleet, and it stands ready, to bring you a great quantity of supplies, that you may not perish through lack thereof. And as for the damage which the oared vessels have done in the territory of the infidels, it does not appear to me so serious and unheard-of as his Grace ​depicts it; for it is juster in war that we should punish those vassals of the king our lord for unfaithfulness and opposition to their true leaders than that his Grace himself, although a stranger here, should, in time of peace, give them very different kind of punishment for slighter cause, in addition to making them pay tribute. As for his assertion that he will pay and satisfy the king our lord for all the losses and damage which he has done him in this land of his, it was unnecessary to write such a thing; for his Highness is not a merchant, nor is he so avaricious as to take satisfaction in money or property from any other sovereign, particularly from his captains; and he will be satisfied, and I, in his name, only at his Grace's leaving the land free and unencumbered, and thus not bringing about the death of his vassals there in so many ways. As for his Grace's being willing to give me people and assistance for the augmentation of the faith and the service of the king our lord, certainly he may be sincere in this one matter; but the Moros of Maluco, Java, and Acheen are, through our sins, so numerous, that without his Grace in person, and all his company, it would be difficult to sweep them away. But with such aid I hope in God that much service will be done Him by us all; for on His account they ought to be resigned to take a voyage much longer than from India to Espanha, inasmuch as He suffered Himself to be crucified and shed His precious blood for our salvation. For the letters of instruction issued by Christian princes do not forbid their captains the propagation of the Catholic faith and the destruction of the sect of Mafamede, in any land or in any way whatsoever-especially when the rightful king, ​through his captains, requests this so necessary assistance from his Grace; and when there is so much intimacy and so close a relation between these kings our lords, as to justify asking that there be given him all the supplies and munitions necessary and sufficient to their needs, and even much more. But since his Grace is not willing, for the sake of God and the aforesaid sovereigns, to go so long a way toward carrying out their wishes, I protest in the terms already on my part protested. And I require you, Pero Bernaldez, notary-public of this fleet, to read and make known this response to the said Miguel Lopez; and to deliver into my hands an instrument drawn in public form, containing all the summons, protests, replies, duplicates, and letters, which may be needed for the outcome of this business. Given in this galley the "San Francisco" on the thirtieth day of October, in the year one thousand five hundred and sixty-eight.
Goncalo Pereira
(Notification and Reply: On the thirtieth day of the month of October in the year one thousand five hundred and sixty-eight, at the place now occupied by the very illustrious Miguel Lopez de Leguazpi, general of the fleet and forces of Nova Spanha, at the command of Gonçallo Pereira, captain-general of the fleet of the South Sea, I, Pero Bernaldez, notary, read and made known to him de verbo ad verbum, this reply as above written. He responds as follows to the same: "that the captain-general should well remember that, in the first letter in which this summons is mentioned, he asked only for the cessation of the work of erecting the wicker defenses, which request was granted immediately and ​the work ceased, although baskets cannot constitute war, and are rather for defense than offense. And on the following day, by a second letter which his Grace wrote, he again reiterated and requested that the baskets should be taken down, and that he should receive either yes or no as an answer, with which he would consider himself to have received a final answer. With the same letter he sent me word by the factor Andrés de Mirandaola and Hernando Riquel, notary-in-chief of this camp, that if the baskets were not taken down by nightfall, he would consider war to have broken out between us. While I was engaged in framing an answer to this, and before the time-limit set by him had expired, he sent his galleys and small boats to attack the defenses and the people who were stationed on the shore. Then our soldiers, seeing that the Portuguese were attacking them and had begun hostilities, determined to complete their defenses, and fought with the Portuguese from about noon-time until sunset, without any cannon-shots being fired at the Portuguese from this camp. And on the morning of the following day, without any new action on our part, the said captain-general sent two galleys and a small boat to seize upon the other entrance to this harbor, and this order was executed. They have been and still are located there, toward the east; and they refuse to allow any person, or supplies, or anything else whatsoever, to come in or go out from this camp—a procedure for which I am at a loss to find the proper designation, unless it be war and the intention to starve us to death, which is not a usual action on the part of Christians. Consequently, he should not be astonished if this causes us to think that his actions do not correspond to his ​words, and to the offers made on his part; while, on the contrary, there is in truth all possible justification on our part, and we have offered assistance and favor, should they be necessary, against infidels, and in the interest of his Highness, the very illustrious and puissant King of Portugal. For I will carry out and fulfil that promise with the same willingness with which it is offered, in the consciousness of being therein of service to his Majesty. And it is but little relevant to say that, unless I go in person with all my camp, nothing can be effected; for either there or here, or any place whatsoever, I could be of little use, and would be but little missed; nor is it just, in view of the impossibility of my performing it without the express permission of his Majesty, to attempt to oblige and bind me to perform the same. And as for the rest, I confirm what I have already said, responded, requested, and protested against, in his Majesty's name, in previous replies and rejoinder; and if it be necessary, I again request, demand, and protest, as many times as I am by law obliged, and as may be befitting. As for the war, violence, and injuries which his Grace does, and tries to do me, I elect almighty God, who knows the whole truth and the hearts of men, as judge, and pray that He, out of the infinite pity and benignity of His heart, may aid and favor him who most truly and with least injury has tried and is trying to obtain peace from the opposite side, without Christian blood being shed, to His great displeasure and that of the kings our lords. Therefore I exculpate his Majesty, and myself in his royal name, as well as all those in his royal service at this camp, so that neither now nor at any subsequent time may blame or responsi​bility be charged upon or imputed to them." He signed the above with his name, and said that he gave it, and he did give it, as his answer. There were present, as witnesses, Captain Juan Maldonado de Berrocál; the ensign-general, Amador de Arriaran; the accountant, Andres Cauchela; the chief constable, Graviel de Ribera; and the notary-in-chief, Fernando Riquel-all of whom, together with me, the said Pero Bernaldez, signed the same. Miguel Lopez de Legazpi, Juan Maldonado de Berrocal, Andres Cauchela, Amador de Arriaran, Graviel de Ribera, Fernando Riquel.
Pero Bernaldez
Sixth summons: In response to this fifth answer from the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Spanha. I admit briefly that in my first letter to him, I requested him to discontinue the defenses, and in the second, to destroy them-which his Grace refused to do, although it was a thing so just and so important to the lords of the land, as well as to my own advantage, for him not to employ hostilities against me, or give me occasion to accept the same; for it was but a slight cost or humiliation for a man who has so great a desire for peace as his Grace constantly says he has, to destroy the defenses, in which more hostility than friendship is displayed. I, on the other hand, had more than sufficient reason and justification for sending the galleys to take possession of the other entrance to this harbor, inasmuch as our respective courses of action were very unlike during the peace, as has been stated in other responses. Moreover, his Grace will not, in spite of all, deny that the galleys had not yet left this position when his people began ​to bombard me; and that those vessels had taken a very different route from that of going to cut off supplies. And as for his Grace's excusing himself and the rest of the company from engaging in the service of God, of his Majesty, and of the king our lord, as I have requested, more cogent reasons exist than that his presence is not very important in a case of so great urgency. Concerning his reiterated plea that he cannot violate his royal Majesty Don Felipe's instructions, I declare to him that since he entered here in violation of the same, and against the will of the king our lord, the latter will be well served by his Grace's going still farther, in his willingness to employ himself in his Majesty's service. And in all the rest, I take my stand upon what has already been said, and protest by what has already been protested. I order you, Pero Bernaldez, notary-public of this fleet, to notify him thereof, and deliver into my hands such instrument or instruments as shall be necessary to me, drawn up in legal form. Made in this galley "San Francisco" on the first day of November in the year one thousand five hundred and sixty-eight. An erasure was made by me therein which shall not cause doubt, since it was made without intention to deceive.
Goncallo Pereira
(In the island and port of Çubu in the Filipinas, on the thirty-first day of the month of October, in the year one thousand five hundred and sixty-eight, before the very illustrious Miguel Lopez de Legazpi, governor and captain-general for his Majesty of the people and fleet for the discovery of the islands of the West, and in the presence of me, Fernando Riquel, notary-in-chief and official notary, appeared Pero ​Bernaldez, notary-public, who declared that he belonged to the fleet of the very illustrious Gonçalo Pereira, captain-general, and read this response above-written. The said governor after hearing the same, said that, "as his Grace the said captain-general says, he had written in the first letter that the work on the wicker fortifications should cease; and that, with the intention of pleasing and satisfying him in all respects, he, the said governor, had ordered the work thereon to cease; and it would not have continued, had not his Grace ordered them to be bombarded with many pieces from four galleys and small boats-whereupon the soldiers seeing that they were being fired upon completed their defenses at the great risk of their own lives and persons. And on the following day, when the galleys and small boats went off to seize and blockade the other entrance to this harbor, the purpose of their expedition was shown clearly, and afterward put beyond the shadow of a doubt, by their own acts. And it is unjust that his Grace should prohibit the conveyance of provisions to this camp, for those therein are Christians, and vassals of his Majesty, King Don Felipe, our lord. This act, beside being disobedience to God our lord, will greatly displease the princes, our sovereigns. And so I beg and request of him, and, on behalf of God and of his Majesty, I summon him, to allow the unrestricted entrance to and passage from this camp of provisions, as should be done and permitted between Christians, and between vassals of princes so intimate and so closely related. By the copy of the clauses of his instructions sent to the captain-general, his [Legazpi's] entrance into these islands, is shown to have been by the orders of his ​Majesty, and not against his royal will; and he declares that, in order to depart from the islands, the shortest way open to him is that which he has requested in his past replies. It is also evident that his Grace could very easily provide for this, especially now that additional ships have come to him aside from those of his fleet. In doing this he will greatly please God our lord and the kings our sovereigns, and extricate this whole camp, as well as his own fleet and person, from a bad predicament. The said captain-general must understand that he will therein particularly serve his own sovereign, for he will prevent the necessity of other soldiers and fleets being sent here to attack us. Wherefore again, I request, summon, and protest to him all that has been requested, summoned, and protested in the past response, and the answer thereto." And this he said he gave as his response, and he signed it with his name, in the presence, as witnesses, of Captain Andres de Ybarra, Captain Juan de Salzedo, Captain Juan Maldonado de Berrocál, and the accountant Andrés Cauchela, who signed the same with me. Miguel Lopez de Legazpi, Andres Cauchela, Andres de Ybarra, Juan de Salzedo, Juan Maldonado de Berrocal, Pero Bernaldez.
Before me,Fernando Riquel)
Last summons: I conclude with this my last response, weary of so many papers containing so many irrelevancies on a thing so clear and evident; for though I admit the possibility of his Grace's having ordered the work to cease, as he affirms in his rejoinder, yet I declare it to be of no avail to give an order if the order be not carried out, or not obeyed. The work, on the contrary, was continued with ​greater haste and care for four hours after the time-limit which I had written to his Grace, saying that if the work were not destroyed I should consider myself as answered. I stated that oared boats would then be sent to frighten them, and prevent the execution of a work so unjust and of so ill a purpose, in addition to the many acts of injustice which have already been committed here in this land of the king our lord, greatly to his displeasure-and, as I believe, that of his Majesty, which is the same thing. On my complaining several times to his Grace, during the continuance of peace, and when I had so great a desire of serving him—as even now I feel no hesitation in doing—in regard to his erection within the aforesaid camp of many breastworks and fortifications, he replied, by letter, that it was the custom of camps and soldiers always to be thus throwing up fortifications. Nevertheless, he was erecting those defenses, not in his Majesty's demarcation, but thirty leagues within that of his Highness, and against one of his captains—one, too, who is so peaceably inclined as I have always been, until the moment when war was waged against me, and a considerable time after that, for which reason I am surprised at his acts. I then ordered the galleys to the other entrance of this harbor—the justest and most Christian means of acting, for it was my intention not to starve him to death, but to oblige him to cease from this injury to his Highness, and accept shelter in this fleet and make up for past privation. For what Friar Quapucho [i.e., fustian-clad] is so humble, so long-suffering, and so charitable to any one as I have been to a person who has not deserved it from his king and lord? The more ships that come to me to join this fleet, the ​better service will his Grace and company be able to enjoy therein, and they will experience much friendship and satisfaction therein-thus performing great service to God and to the kings, to whom we are all so closely bound, and for whom we ought to endure and suffer hardships with exceeding joy. And this the more, because his Grace neither possesses nor gives any just reason for being excused from so virtuous a work (in which he will always take personal part in company with me who follow and accompany him), or for being unwilling to concede what I have requested so many times, and now request again, much more earnestly, on behalf of God, of his Majesty, and of the king our lord. All that has happened or which may subsequently happen, therefore, I declare shall fall to his own responsibility; and I protest, by the protestations already made, and by all which may redound to the justice and right of the king our lord, and of the subsequent heirs of the kingdoms of Portugal. And you, Pero Bernaldez, notary-public of this fleet, are directed to make the same known to him, and give and deliver to me such instrument or instruments as shall be required by me. In this galley "San Francisco," on the second day of the month of November, in the year one thousand five hundred and sixty-eight.
Goncallo Pereira
(In the island and port of Çubu, on the first day of the month of November, in the year one thousand five hundred and sixty-eight, in the presence of me, Christoval Ponze, scrivener of this camp of his Majesty, there appeared Pero Bernaldez, notary-public, who claimed to be of the royal fleet of Portugal, and read this answer from the very illustrious ​Gonçalo Pereira, captain-general of the said fleet, to the very illustrious Miguel Lopez de Legazpi, governor and captain-general for his Majesty of the royal fleet for the discovery of the islands of the West, in his own person, in such wise as to be heard by him. He declared that he had already answered and replied to the said captain-general, on many distinct occasions, concerning the fact that his intention and will had not been nor is to injure the exalted and puissant king of Portugal, or anything belonging to him in any way; or to seize upon or take from him, or occupy this or any other land belonging to him. "I desire, as I have desired always, to depart from this land; and if up to the present moment this design has not found realization and I have not departed, it has been through lack of equipment and of ships, and not through any expectation of reënforcements of men and a fleet, as, on the contrary, he affirms." Wherefore he begged the said captain-general to sell him ships, in order that he might immediately depart; or else to suggest to him some other way by which he could leave, since he neither wishes nor desires any other consummation. As for the fortifications and defenses which his Grace mentions, they are for the purpose of defense against any one trying to do him violence or injury unjustly and unreasonably, until such time as he may be enabled to depart and leave this land free, as he has declared and promised he would do. Neither on his own part nor on that of anyone belonging to his camp has he desired to make war upon his Grace, or on the members of his royal fleet; but rather to serve them in all possible ways, as he has offered in past summons and responses, to which he begs to re​fer, and on all of which he takes his stand anew. On the other hand, it is quite clear and evident that the captain-general is trying to do him violence and injury in wishing to carry him to India with him without consenting to any other means whatsoever; and in having begun and initiated war against him and blockaded him, by ordering the entrances and outward passages of this harbor blockaded, on account of which he is bound to make defense. And since the said captain-general wishes it so, and continues doing so great injury to God our lord, and to our sovereigns, by the war, and sheds Christian blood, unreasonably and without justification, all the blame and responsibility, and all the damages, losses and deaths resulting therefrom, shall be upon his shoulders. He protests again by all protested and demanded by him in his past replies, and by all which most devolves upon him in this case to protest, demand, and summon, as many times as is proper and to which he is by law obliged; and he thus challenges him as testimony, in the presence, as witnesses, of Captain Diego de Artieda and Captain Andres de Ybarra; the factor, Andres de Mirandaola; the treasurer, Guido de Levazaris; and the ensign-in-chief, Amador de Arriaran, all of whom signed here their names. Miguel Lopez de Legaspi, Diego de Artieda, Andres de Ybarra, Guido de Lavezaris, Andres de Mirandaola, Amador de Arriaran, Pero Bernaldez.
Before me, Christoval Ponze, notary)
(All the above papers, writings, replies, responses, and other documents above set forth, I, the said Fernando Riquel, took manu propria, as best I could, from the originals, writing them down de verbo ad ​verbum and letter for letter, at the request of the said governor Miguel Lopez de Lagazpi, who signed the same here with his name. And they are accurate and true, witnesses of the correction and comparison with the originals thereof being Miguel Lopez, Francisco de Coçar, and Juan de Gamboa y Lezcano, soldiers in this camp—in testimony whereof I have made my usual signature and rubric. Given at Çubu, the second day of the month of June in the year one thousand five hundred and sixty-nine.
In testimony of the truth,
Fernando Riquel)
(This copy was written on twenty-three sheets of paper, including the present, and bears the corrections, erasures, and interlineations following: [These follow, in the original document.] And note should be taken that the contract was corruptly and badly written for so it was in the original.)
(In the City of Mexico, on the twenty-third day of the month of December in the year one thousand five hundred and sixty-nine, the presidents and auditors of the royal Audiencia of Nueva Spaña said that, inasmuch as in a docket of letters and despatches from Miguel Lopez de Legaspi, governor and captain in the islands of the West, which came addressed to this royal Audiencia, this relation was found therein of negotiations between the said governor and Gonçalo Pereira, a Portuguese, captain of the most serene King of Portugal, regarding the summons repeatedly served, to the effect that the said Miguel Lopez should depart from the islands, region, and spot, where he was situated as is declared in the said relation, it is fitting that this docket be sent to his Majesty in his royal Council of the Indies. In order that entire faith may be given thereto, a judicial ​inquiry shall be received confirming the signature as that of the said Miguel Lopez de Legaspi, and of the handwriting and signature of Hernando Riquel, his notary. Having been received as signed from the secretary of this royal Audiencia it shall be sent to his Majesty. And accordingly they ordered it, by decree, to be set down in writing.
Sancho Lopez de Agurto)
(Attestation: And then upon the said day, month, and year above specified for the said inquiry, there was received an oath in the name of God and the blessed Mary, and upon the sign of the cross +, in the form prescribed by law, from Sancho Lopez de Agurto, secretary of the royal Audiencia of this Nueva Spaña, and he took the same in the presence of me, Juan Augustin de Contreras, notary of his Majesty and receiver of this royal Audiencia, under which he promised to tell the truth in this affair. On being interrogated by the aforesaid, and after having seen the writing contained in this other part, and the signatures thereof, where occur the names of Miguel Lopez and Fernando Riquel, he said that this witness knew the said Miguel Lopez and Fernando Riquel, whom many times he had seen write and sign their names; and that he knows that the said Miguel Lopez de Legaspi went as governor and general to the islands of the West, and took as his official notary the said Fernando Riquel, on the authority of the viceroy Don Luis de Velasco; and that the said signatures at the end of the said narration and writing, to wit, "Miguel Lopez and "Fernando Riquel," together with the handwriting of the said narration are, of a truth ​so far as this witness knows, those of the parties aforesaid; and he says this without the slightest doubt, for, as already said, he has seen them write and sign their names, and he has written papers and signatures of theirs in his possession similar to those of the said narration, without the slightest variation. The said Hernando Riquel was held and considered as an upright man, and a lawyer of much veracity; and as such this witness held and still holds him. And he declares on the oath taken by him that his entire deposition is true, and he has affixed his signature to the same.
Sancho Lopez de Agurto
Before me, Johan Augustin, notary of his Majesty.)
[The sworn depositions of Juan Augustin de Contreras and of Alonso de Segura, made before Sancho Lopez de Agurto, follow. They are substantially the same as the above. The document continues:]
(I, the said Sancho Lopez de Agurto, notary of the chamber of the said royal Audiencia of Nueva España, who was present at the said inquiry made therein, affixed my seal in testimony of the truth.
Sancho Lopez de Agurto)
* ↑ Throughout this document, the statements and comments of the notaries will be enclosed in parentheses, to enable the reader more easily to separate the various letters and writs from one another.
* ↑ The caracoa is a large canoe used by the Malayan peoples—"with two rows of oars, very light, and fitted with a European sail, its rigging of native manufacture" (Dic. Acad.). According to Retana (Zúñiga, ii, p. 513*), the word caracoa is not to be found in Filipino dictionaries.
* ↑ Referring to the rule of Sebastião, the infant king of Portugal, and of his grandmother Catarina, regent during his minority.
* ↑ Javelins: the Portuguese word is azagayas, with which cf. assagai, the name of a like weapon among the Kaffirs of Africa.
* ↑ This phrase (meaning "nothing paid") is no longer used in notarial documents. Sometimes when documents are legalized by the Mexican Legation at Washington, the fee is not paid there, but is to be paid at Mexico on presentation of the document there; the secretary of the Legation accordingly writes on it, No se pagaran derechos—perhaps a similar procedure to that noted in the text.—Arthur P. Cushing (consul for Mexico at Boston).
* ↑ This arose from the fact that the Portuguese navigated eastward from Europe to reach their oriental possessions, while the Spaniards voyaged westward. The reckoning of the Spaniards in the Philippines was thus a day behind that of the Portuguese. This error was corrected in 1844, at Manila and Macao respectively. See vol i, note 2.
* ↑ Sevilla, one of the centers of Mahometan power in Spain, was besieged for more than two years (1246-48) by Fernando III of Castilla, who finally captured it. The expedition against Tunis here referred to was undertaken by Cárlos I of Spain (1535), to restore Muley Hassan, the Mahometan king of Tunis, to his throne, whence he had been driven by Barbarossa, King of Algiers; the usurper was expelled, after a brief siege.
* ↑ This is followed by the certification of the copyist who transcribed this document for the South American boundary negotiations between Spain and Portugal in 1776, at Paris. It reads thus: "I, Don Juan Ignacio Cascos, revisor and expert in handwriting and old documents, and one of those appointed by the Royal and Supreme Council of Castilla, made the foregoing copy, and collated it with the original, which was written on twenty-four sheets of ordinary paper, and signed, each in his own hand, by Miguel Lopez de Legazpi and Fernando Riquel. Madrid, the twenty-sixth day of August in the year one thousand seven hundred and seventy-six. Juan Ignacio Pascos."
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