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 if
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 excuse 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 emphatically 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 reenforcements 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 [115] to be made in this settlement of negroes 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 propagate 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 above-written.
_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 Cebu,
at the place occupied by the very illustrious Miguel Lopez de Leguazpi,
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, captain-general, 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 verbo ad verbum_, before him personally and many persons of his
camp. He replied thereto that he hnd 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 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 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 Mendonça,
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 Cebu. The copy
of this contract I have ordered sent to the said captain; it is,
_de verbo ad verbum_, as follows:
Don Jòhan, 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 greatlv 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._
[116] 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 Arnao, 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 hereunto 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.)