majesty King Don Felipe, our lord, of his people and the royal fleet
for the discovery of the islands of the West, declare in response
to the third summons of the very illustrious Gonzalo Pereira,
captain-general of the Portuguese fleet, served on me by Pero
Bernaldez, notary-public thereof, that I am ready and prepared to do
and fulfil everything specified and offered by me in the answers which
I have previously given to the summons which he has sent me. Basing
my reply once more upon them, I repeat that on my part there will
be no failure to respect and carry out the treaty made by the kings
our lords, and to maintain the peace, friendship, and alliance which
have existed and still exist between them, and which is incumbent upon
us owing to the close relationship of the two. As for the conditions
contained in the said summons aforesaid, which command me to go with
all my people to his fleet, to depart therein for India, I declare
that this is impossible for me, as it would be a direct violation
of the instructions which I have received from his majesty; nor
could I give over my people and my fleet to any person whomsoever,
without his majesty's express permission and command. Moreover,
it would be a violation of the compact and treaty existing between
the kings our lords. And, in the event of my not doing this, he says
that within three days from now I must leave this island and these
lands. This I myself desire, and would be glad to do so, if it were
possible. And I promise to do the same immediately, if his grace will
furnish me means therefor. But it is neither right nor reasonable
to oblige me to perform the impossible. And I declare, therefore,
and promise that when I shall have ships I will depart, and leave
the land free to whomsoever it may belong, without allowing my stay
therein to result in harm to any one; and if it shall so result, then
I stand ready to pay and to give payment and satisfaction therefor,
to a sufficient and adequate amount, and to do everything in my power
to the end that the treaty between the kings our sovereigns shall
not be transgressed, or any injury be done or ensue to any of the
parties hereto. And regarding what he says in his summons concerning
the new fort, I admit that it is true that some fortifications were
begun--a thing most usual and customary wherever there is a garrison
of Spanish soldiers--for protection from any one who might undertake
to do me injury or violence. But it was not done to injure his fleet,
or anything else belonging to him, which did not previously do me
injury. This is especially evident in view of the fact that although
yesterday I had begun the erection of the new fort, aforesaid, on
receiving a letter from his grace in which he asked me to cease and
not continue work upon the same, I immediately ordered that work to
cease and to be suspended; and nothing more has been or will be done
thereon, if his grace and his fleet are willing to keep peace and
friendship with me, as is incumbent upon Christians and vassals of
sovereigns so closely connected and related. This I do in order that
no statement or calumny for breaking the said peace may be uttered
against me. And, regarding what he says in the rejoinder to my second
reply, namely, that I refused to show the instructions which I bear,
his grace knows perfectly well that I have offered many times to show
him the same, and that nothing was sent by him. And to do everything
possible on my own part, and to make my cause a just one, I send to
him enclosed herewith those clauses of my instructions bearing upon
the present business, which were copied from the original, and signed
and approved by the chief notary of this camp, in order that they
might be produced as witness and proof, at anytime or place whatever;
besides this, his grace will be allowed, if he so desire, to send
some person here to see them collated with the original. Throughout
these instructions is evident and deducible the Christian spirit,
greatness, rectitude, and kindness of his majesty King Don Felipe,
as well as the moderation which he orders to be maintained wherever
we should fall in with Portuguese--which is very different in its
nature from what is essayed and planned against me and the vassals
of his majesty. It will be seen, moreover, how just is his majesty's
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 Cubu, 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 Mendonca, Don Duarte
de Meneses, Simon de Mendoca, Lorenco Furtado de Mendoca, 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 Mendonca, Alvoro de Mertdonca,
Lourenco Furtado de Mendonça, Don Duarte de Meneses, Alfonso Alvarez
Furtado, Mendornellas de Vasconcellos, Christoval Ponse de Leon.
I testify thereto, _Fernando Riquel_.)
(This copy was closely 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
cause doubt--although there is an interlineation--_dha_ [_dicha_,
"said"] which was truthfully inserted. The said Fernao Riquel,
notary-in-chief, was present at the comparison, and signed his name
together with Baltesar de Freitas, notary of the fleet, who placed
here his approval. 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, 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, _visiador_-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 Cubu, 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 Goncalo Pereira, captain-general of
the Portuguese fleet in his own person, and to the other captains of
his fleet--to wit, Alvaro de Mendoca, Don Duarte de Meneses, Simon de
Mendoça, Lorenco 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. [117] This is so in all their replies and summons. I
delivered this notification and summons abovesaid in the galleon
"San Francisco" on the twentieth day of October abovesaid, 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 Pinhao,
[118] 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 Cubu, 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 Goncalo 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 Guoncallo 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.)