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 Goncalo 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 Andres Cauchela, who signed the same with me. Miguel
Lopez de Legazpi, Andrés 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 surfer 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 Cubu, 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 Goncalo 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 refer, 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 Cocar, and Juan de Gamboa y Lezcano, soldiers in this camp--in
testimony whereof I have made my usual signature and rubric. Given
at Cubu, 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 Goncalo 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. [119]
_Sancho Lopez de Agurto_)
Bibliographical Data
_Expedition of Garcia de Loaisa_
_Résumé of contemporaneous documents_.--These documents, dated from
1522 to 1537, are briefly synopsized from Navarrete's _Col. de viages_,
v, pp. 193-439. This editor obtained the material for his series from
the archives of Sevilla, Madrid, and Simancas.
_Voyage of Alvaro de Saavedra_
_Résumé of contemporaneous documents_.--These documents are dated in
1527-28, and are published by Navarrete, _ut supra_, pp. 440-486.
_Expedition of Ruy Lopez de Villalobos_
_Résumé of contemporaneous documents_.--These documents, also
synopsized, for the period 1541-48, are obtained from _Doc. inéd._,
as follows: _Ultramar_, ii, part i, pp. 1-94; _Amér. y Oceania_, v,
pp. 117-209, and xiv, pp. 151-165.
_Expedition of Miguel Lopez de Legazpi_
_Résumé of contemporaneous documents_.--These documents, covering
the period 1559-69, are also synopsized from _Doc. inéd. Ultramar_,
ii, pp. 94-475, and iii, pp. v-225, 244-370, 427-463.
_Warrant for establishment of Augustinian Mission_ (1564).--The
original of this document was found among the archives of the
Augustinian convent at Culhuacan, Mexico. The only publication of
this _Patente_ of which we are aware is that (in Latin) from which our
translation is made, in a work by Elviro J. Perez, O.S.A.,--_Catalogo
bio-bibliografico de los religiosos agustinos_ (Manila, 1901),
pp. xi-xiv. At present, we are unable to give further information
concerning the document.
_Possession of Cibabao_ (Feb. 15, 1565).--The original MS. (from
a copy of which our translation is made) is conserved in the
Archivo de Indias at Sevilla; pressmark, "Simancas--Filipinas;
descubrimientos, descripciones y poblaciones de las Islas Filipinas,
años 1537 á 1565; est. 1, caj. 1, leg. 1, 23." It has been published
in _Doc. ined. Ultramar_, i i, pp. 351-355.
_Proclamation regarding gold found in burial places_ (May 16,
1565).--The data for the preceding document apply to this one
also--save that to pressmark should be added "ramo 25;" and that the
pagination for this one in _Doc. ined._ is 355-357.
_Letter to Felipe II_ (May 27, 1565).--The original MS. is also
in Sevilla; pressmark, "Simancas--Filipinas; descubrimientos,
descripciones y gobierno de Filipinas; est. 1, caj. 1, leg. 1,
23." It was published, _ut supra_, pp. 357-359. There are two copies
in the Archivo, one of which is incorrectly endorsed "1569." In such
cases it should be remembered that despatches and other official
documents were often sent in duplicate--sometimes in triplicate,
or even quadruplicate,--and by different vessels, to ensure that at
least one copy should reach its destination.
_Letters to Felipe II_ (May 29, June 1, 1565).--The original MSS. (from
copies of which our translations are made) are also in the Archivo
de Indias; pressmark. "Patronato, Audiencia de Filipinas--Cartas
de los gobernadores." More definite designation is not possible, as
these MSS. were not in their regular place in the above _patronato_
at the time when our transcripts were made. With the letter of June
1 we present a photographic reproduction of the signatures. Both of
these documents were published in _Doc. inéd. Amér. y Oceania_, xiii,
pp. 527-531.
_Letter to the Audiencia of Mexico_ (May 28, 1565).--The original
MS. is in the Archivo de Indias; pressmark, "Simancas--Filipinas;
descub. descrip. y pob. Filipinas, años 1537 á 1565; est. 1, caj. i,
leg. 1, 24, no. 24." This letter was accompanied by a memorandum of
supplies needed for the military post established in the Philippines by
Legazpi; and with the above-named MS. is a list of this sort--which,
however, must have been placed in this _legajo_ by some error, as it
mentions some articles that had been sent in the year 1570. But in
another patronato--which has the same title as the above, but for the
years 1566-68--in "est. 1, caj. 1, leg. 2, 24," is a list of similar
character, with the title, _Memoria de los rescates y municiones
que se pidieron á Nueva España, para enviar al campo de S.M. que
reside en el puerto de Cubu_. This document is undated; but internal
evidence makes it probable that it is the list which was sent with
this letter to the Audiencia, with which we have accordingly placed
it, transferring the other list to a later date, 1571.
_Legazpi's Relation_ (1565).--The original MS. is in the
Museo-Biblioteca de Ultramar, Madrid; pressmark, "170-20-3_a_, caja
n_o_. 22." It has not, so far as is known, ever been published. Nothing
indicates positively the name of the person to whom it was written;
but we may reasonably conjecture, from the style of address, that
it was probably sent to the president of the Audiencia of Mexico. As
Legazpi's own account of his voyage and achievements, this document
possesses special interest and value.
_Copia de vna carta venida de Seuilla a Miguel Saluador de Valencia_
(1566).--This little pamphlet (Barcelona, Pau Cortey, 1566)
is generally regarded as the first printed account of Legazpi's
expedition. But one copy is known to exist--the one which was in
Retana's collection, now the property of the Compañia General de
Tabacos de Filipinas, Barcelona. For this reason, we present this
document in both the Spanish text and English translation--the former
being printed from an exact transcription made from the original
document at Barcelona. The original is in two sheets (four pages)
of quarto size, printed in type about the size of that used in this
series; it is bound in red boards, and is in good condition.
_Letters to Felipe II_ (July 12, 15, 23, 1567, and June 26,
1568).--The original MSS. of these four letters (from copies of which
our translations are made) are in the Archivo de Indias at Sevilla;
pressmark, "Simancas--Secular, Audiencia de Filipinas; Cartas y
expedientes de gobernador de Filipinas vistos en el consejo. Años de
1567 á 1599; est. 67, caj. 6, leg. 6."
_Negotiations between Legazpi and Pereira_ (1568-69).--The originals
of these documents are in the Archivo de Indias at Sevilla; pressmark,
"Est. 1. caj. 1, leg. 2, 24, n_os_. 5, 6, 7, 8, 9." A MS. copied or
compiled from these originals for use in the South American boundary
negotiations at Paris in 1776, is in the Archivo general at Simancas;
pressmark, "Leg. 7412, fol. 87 y 88;" from a copy of this MS. our
translation is made.
NOTES
[1] This document is printed in both the original language and
English translation.
[2] Navarrete says in a note that this must have been made about the
time the Junta of Badajoz closed, in 1524.
[3] The hospital (and, later, military) order of St John of Jerusalem,
was first established in that city in 1023, and received papal
recognition in 1113. Its knights served with distinction in the
crusades. From 1291 to 1523 the order had its seat in the island
of Rhodes; but in 1530 that of Malte was ceded to it by the emperor
Charles V. After the capture of Malta by the French, the order became
small and insignificant. This order was known in the course of its
history by various names, among them being the Order of Rhodes (Rodas).
Garcia Jofre de Loaisa, the commander of this expedition, was a native
of Ciudad Real. He must not be confounded with the noted archbishop
of Seville, of the same name, whose kinsman he was. The commander
died at sea in July, 1526.
[4] This was a priest who accompanied the expedition. After passing
the Strait of Magellan, the ship "Santiago," in which Areizaga sailed,
was compelled by lack of supplies to direct its course toward the
Spanish settlements on the west coast. This priest returned thence
to Spain, where the historian Oviedo saw him; the latter compiles
from Areizaga's narrative a long account of his adventures, and of
Loaisa's voyage as far as the strait (see Oviedo's _Hist. de Indias_,
lib. xx, cap. v-xiii).
[5] Hernan Cortés, the conqueror of Mexico, was born in 1485, at
Badajoz, Spain. When a mere boy, he resolved upon a military career,
and in 1504 went to the West Indies, where he took part in various
expeditions, and held some official posts of importance. During
1519-27, Cortes effected the conquest of Mexico and subjugation of
its people. Returning to Spain in triumph (1528), he received from
the emperor titles and lands, and was made captain-general of New
Spain, an office which he held from 1530 to 1541. He sent Saavedra to
search for Loaisa (1527); and in 1533 and, 1539 sent out expeditions
of discovery--the latter, under Ulloa, ascending the western coast of
America to thirty-two degrees north latitude. Cortes died at Seville,
December 2, 1547.
[6] Andrés de Urdaneta was born in 1498, at Villafranca de
Guipuzcoa. He received a liberal education, but, his parents dying, he
chose a military career; and he won distinction in the wars of Germany
and Italy, attaining the rank of captain. Returning to Spain, he
devoted himself to the study of mathematics and astronomy, and became
proficient in navigation. Joining Loaisa's expedition, he remained in
the Moluccas, contending with the Portuguese there, until 1535, when
he went back to Spain. Going thence to Mexico (about 1540), he was
offered command of the expedition then fitting out for the Moluccas,
"but on terms which he could not accept." Villalobos was given command
of the fleet in his stead, and Urdaneta later (1552) became a friar,
entering the Augustinian order, in which he made his profession on
March 20, 1553, in the City of Mexico. There he remained until the
fleet of Legazpi departed (November 21, 1564) from La Navidad, Mexico,
for the Philippine Islands; Urdaneta accompanied this expedition,
with four other friars of his order. He was appointed prelate of
those new lands, with the title of "protector of the Indians;"
he also acted as pilot of the fleet. In the following year he was
despatched to Spain, to give an account to the government of what
Legazpi had accomplished. This mission fulfilled, he desired to return
to the Philippines, but was dissuaded from this step by his friends;
he came back to Mexico, where he died (June 3, 1568), aged seventy
years. Urdaneta was endowed with a keen intellect, and held to his
opinions and convictions with great tenacity. To his abilities and
sagacity are ascribed much of Legazpi's success in the conquest of
the Philippines. For sketches of his life, see Retana's edition of
Martínez de Zúñiga's _Estadismo de las Islas Filipinas_ (Madrid,
1893), ii, appendix, pp. 621, 622; and _Dic.-Encic. Hisp.-Amér._
[7] The "zebra" was the guanaco or South American camel
(_Auchenia_). The feathers were those of the South American ostrich
(_Rhea rhea_), also called "nandu" and "avestruz" by the natives,
or possibly of the smaller species _R. darwinii_; both are found as
far south as the Strait of Magellan.
[8] It was the custom of many of the writers of these early documents
to give in dates only the last two or three figures of the year.
[9] His name was Alvaro de Loaisa.
[10] This was the flagship of Magalhães, which remained at Tidore after
the departure of the "Victoria." The "Trinidad" set out for Panama on
April 6, 1522, but was compelled by sickness and unfavorable winds to
return to the islands. She was then captured by the Portuguese; the
ship was wrecked in a heavy storm at Ternate, and her crew detained as
prisoners by the Portuguese. Hardships, disease, and shipwreck carried
away all of them except four, who did not reach Spain until 1526.