_Restitution of Chinese Property_
_Official statement of the memorials presented in the royal Audiencia
of Manila on the part of the most reverend archbishop of the Filipinas,
concerning the demands of the king of China_.
Most potent lord: The archbishop of these Filipinas declares that, as
such archbishop, he is under obligation to look after the condition
of these islands and of the Christian religion in them; and, as a
member of the Council of his Majesty, to protect the interests of his
royal crown, and of this his dominion--all of which, according to the
counsels of prudence, is at the present moment in great danger. This
danger is one of the greatest that could be, for the powerful king
of China has threatened us with an enormous fleet of ships, saying
that there will be a thousand of them if we do not grant what he
demands in regard to two things. One of these is clearly just; for it
concerns a great quantity of property which was brought into this city
by the Chinese merchants last year, six hundred and three, when the
Sangleys rebelled against this city. Your governor commanded that the
said property, as belonging to enemies (as those who brought it here
were), should be kept, and taken into custody, and should be given
back to them. A great part of this property was afterward sold among
the Spaniards and more than thirty thousand pesos of the proceeds
of the said goods came into the possession of Diego de Marquina,
general depositary of this city, by whom it was all (or nearly all)
turned over to your royal treasury. The rest of the Chinese property
came into the possession of Captain Sebastian de Aguilar, and any
other person who may have received into his keeping and custody other
goods belonging to the said property. The other thing which the said
king of China demands is, that certain Chinese (of whom there are not
many) who remained alive after the war and were at that time taken
prisoners, and are in the galleys, should be given their liberty
that they may go back to their own country. This is a matter for
your Highness to examine carefully, to ascertain whether this be a
just demand, and whether it can be justly exacted. Even if it were
clearly and evidently just that the said Chinese should remain as
convicts in the said galleys, this demand requires much consideration,
on account of the condition of the faith and of the realm, whether
this commonwealth must be forced to break with so powerful an enemy
and enemies as he would be. He brings forward his arguments with much
reason and consideration; by one of his demands--which of itself is
not very important, although more so when, arriving at the question of
justice--he brings up another doubt as to whether it is just for the
said Chinese to be condemned to the galleys. This is questionable,
in the first place, because they are not vassals of his Majesty,
and therefore were not traitors; and likewise whether they should, on
account of the hostilities which the Chinese were generally committing,
immediately be condemned, without recourse, to the galleys, without
being heard individually or their exceptions being received--especially
as no one doubts that the said uprising and rebellion was not voluntary
on the part of all the Chinese, but was contrary to the will of many;
and it may be that some, and even a considerable number, of those who
are on the galleys were not captured in war, but while hidden in the
country districts and on the mountains. To say that the said Chinese
are necessary to work the galleys which your governor must take on
a certain expedition, which it is said he must make, does not affect
the proposition; for the said expedition is not made by the will of
his Majesty, but in his very exact instructions he neither requires
nor permits the said expedition to Huaca [_sic; sc._ Maluco] with the
said Chinese. Moreover, they are so cunning and shrewd that perhaps
they will again do what they did to Gomez Perez, and even worse; and
they may be the cause not only of the disastrous ending of the said
expedition, but even of our complete ruin. There can be no doubt from
the relation sent, as to the attitude of the king of China; for the
three greatest magistrates whom he has in the province and dominion
of Oquen (to which belongs the province of Chiencho)--that is, the
viceroy, the inspector-general and the eunuch--write this, each one
of them, in two letters, one of which is for the said archbishop and
the other for the said governor of these islands.
In view of these considerations, I entreat and beseech your Highness
to command that the said property [of the merchants] be immediately
sent to the said kingdom of China, either by suitable messengers,
or by the Chinese captains who are at present about to go there. The
most certain and the first which should be sent would be that which
comes into the royal treasury of his Majesty from the proceeds of
the said goods of the said Chinese, even if it be necessary to ask
for this a loan from the citizens of this country, or to economize,
or to go without other things. As for giving their liberty to the
said Chinese who are in the galleys I beseech your Highness to order
that this be decided and examined into in great detail, especially
as concerns justice; it should also be examined to ascertain the
rights of the state. For this purpose, both in this affair and in
other things which are presented before his Majesty's Council, some
one who has great experience in Chinese affairs should be associated
with them, and say what he thinks. The archbishop demands justice,
and an attestation of this petition, and of what may be decreed in
this matter, and of the entire proceedings; and that the decision
may be made at once, so that these Chinese ships may convey the
appropriate answer. As for our reputation, nothing will be lost by
sending back the said Chinese, especially those who are not found
to be very guilty; for no one loses reputation by doing justice, and
the king of China and his ministers know very well that the decision
of justice, and the separation of the innocent from the guilty, in
so grave a case has demanded all the time which has elapsed up to
the present. Finally his Majesty the king, our sovereign, [must be
considered]; what he requires is that this colony, as the chief of
all [his possessions here], where he has established so much good,
should not be placed in danger by other matters which might be of
uncertain success--especially for this consideration, which is of so
little importance. Rather it is fitting to set free these Chinese,
as far as possible, as experience has always proved to us, with so
much cost of our blood, and so great danger of the ruin of this land.
_Fray Miguel_, archbishop of Manila.
At Manila, on the tenth of June, 1605, the lords president and
auditors of the royal Audiencia and Chancilleria of the Filipinas
Islands, being in session, this petition was read, and examined by
the said lords. They commanded this petition to be joined with the
ones presented by the Chinese in this matter, and brought to the
session on Monday.
Before me:
_Pedro Nuñez de Herrera_, notary royal.
Most potent lord: The archbishop of the Filipinas declares that he
has presented a petition, discussing therein what is demanded on the
part of the king of China in a letter from certain of his ministers,
as is explained more at length in his said petition to which he refers
you. He now says that, of the two things which are demanded, although
the money is a matter of importance to the Chinese, yet what most
grieves them is the men who, as they see, are here in the galleys,
with such hardships and in a climate so hot and oppressive as this
is--especially as they have parents, children, wives, and relatives in
that country who are continually beseeching the Chinese magistrates and
people. And he seeks the liberty of those who are here in our power,
captive and condemned, and begs and entreats from your Highness what
he has sought in the other petition. And more particularly he asks
in this other if your Highness will order that especial attention be
given to this; that even if it be true that the king of China will not
make war upon us, as he threatens, yet I am warned by those Chinese
who are our best friends that they know, from their own histories,
that it is quite probable that the king of China will at least cut
off the trade with these countries, under the heaviest penalties,
which would be the total ruin of this commonwealth. The king of China
did this to the Japanese, who formerly had trade and commerce with
the Chinese between the two countries, the Chinese going to Japon
and the Japanese going to China. The king of China, seeing that the
Japanese did not maintain their trade with the care and honesty that
they should, did not make war upon them, but took away their trade
and commerce under a singularly vigorous penalty--which is, that if
any Chinaman trades with the Japanese not only he but his father,
mother, and relatives shall be put to death. This has remained the law
up to the present, inviolably; and no Chinaman has transgressed it,
unless it be some villainous and desperate man. This is one of the
most important considerations to be judged in the present case. He
begs and entreats your Highness to command that this be considered,
and commands me to give an attestation of this petition and procedure.
_Fray Miguel_, archbishop of Manila.
In the city of Manila, on the thirteenth day of June of the year
1605, the lords president and auditors of the royal Audiencia and
Chancillería of these Filipinas Islands being in session, this
petition was read; and, having considered it, they decreed that the
depositaries should be commanded to render an account as soon as
possible, of the property which they have held on deposit, so that it
may be surrendered; and that, when the ships shall have arrived from
Castilla, what is owing shall be paid into the royal treasury. As
concerns the Chinese who are in the galleys, the matter is being
examined, so that suitable measures may be taken in the matter,
and that a decision shall be reached and a decree issued before the
Chinese leave. The attestations which he asks will be given to the
archbishop, in the manner that he desires.
Before me,
_Pedro Hurtado Desquivel_
In fulfilment of which I, Pedro Hurtado Desquivel, notary of court
for the king our lord in his royal Audiencia and Chancillería of
these Filipinas Islands, have given this copy of the said petition
and command, which is certified to be a true copy, corrected and
compared with the originals which remain in my possession. Witnesses
to the examination, copying, correction, and comparison: Pedro Nuñez
de Herrera, Geronimo de Peralta. Manila, the seventh of July, of the
year one thousand six hundred and five. In witness thereof, I have
set my seal in attestation of truth.
_Pedro Hurtado Desquivel_, court notary.