If the regular superior should decide th_The Philippine Islands, 1493-1898, Volume 36, 1649-1666 Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century.

to remove any occasion for scandal, or one who was a discredit to

his profession, in the case of any of his subjects; and it should be

necessary for that reason to remove him from his mission: in such case,

if he went to the governor to impart his purpose as he is obliged to

do by the right of the royal patronage, the governor having heard the

reasons would have a copy of the charges given to the party; and the

suit having been brought to trial the defense might even manage with

crafty pleas to frustrate the zeal of the superior. In such cases

(which are quite ordinary where the said subjection to bishops and

viceroys is allowed) the superior will come out disaccredited and

justly angry, and the accused triumphant; for his evil conscience

and the zeal of his prelate will put him on his guard, and he will

be forewarned of each attack.

How many scandals will follow from this, and how many discords,

edicts, and enmities! how many expenses in money, and how much

bribing of witnesses and intercessors! both of servants and friends

of the governors, who are usually benefited by religious of that

sort. They are generally aided as much by cunning as by what they

spend in order to succeed in their designs, without considering that

they are trampling upon all the three essential vows of the estate

which they profess--namely, poverty, obedience, and chastity.

Therefore, if the desires of his Majesty are that the regulars shall

live in accordance with their own laws; that the natives of the Indias

be well instructed; and that they be not molested by the officials

of the two estates: the remedy for that is to leave the regulars to

their observance without obliging them to become more subject than

they have been hitherto. If this is either not advisable or cannot

be done, it would be better for the orders that the secular clergy

should administer those missions.

For how is it possible that such missionaries should not be covetous

if they are inclined to that vice as an efficacious means to maintain

themselves in their posts, to attain others that are larger and more

wealthy, to defend themselves from the zeal of their prelates? Such

will have the power of loading the Indians with pecuniary fines and

of doubling the fees; and even perhaps there will not lack some who

will avail themselves of trade and commerce to attain that end.

The subjection will result only in advantage to the governors and

ordinaries, in trouble to the Indians (for the latter furnish the

wealth of such ministers) and disservice to his Majesty; since it means

the ruin of religious discipline. The Indians being harassed and the

governors and ordinaries being interested parties, all contrary to his

Majesty's holy intent, the Indians will come to have disinclination

instead of love to affairs of the faith and religion. And I dare

affirm that Christians thus instructed will be Christians rather by

force than in their hearts.

In no part of the Yndias can one more intelligently expect that the

regulars will be strict of observance than in the Filipinas Islands;

for all their missions, even those in the suburbs of Manila, are

surrounded by heathen and Moros--Chinese, Japanese, Mindanaos,

Joloans, and Borneans, and people of almost all the other kingdoms

of the Orient whose conversion is so anxiously desired. For if those

heathen and Moro nations, who have before their eyes the conduct of

the Christians, come to observe it as not at all in accord with right,

not only among the secular clergy but among the regulars--who are by

their profession teachers of the law and are bound to furnish a good

example as the rule of their observance--what would they think, or

what notion would they form of it? It is learned from some mandarins

of Great China who were converted to our holy faith because they saw

in all the ministers of it for many years a conformity of morals that

was regulated to natural law, that they prudently conclude therefrom

that the law which taught such actions could not be other than

true. If the Chinese and Japanese who live in those islands should

see the evangelical ministers acting against all natural dictates,

they would come to a contrary conclusion, for they have no greater

arguments for belief than those which come through their eyes.

The regulars of the Filipinas Islands have well understood how just it

is that the right of his Majesty's royal patronage be observed therein

according to his orders. Therefore, they do not petition for exemption

from the choice by the governors and the collations by the ordinaries

under any other title than that of a favor from the greatness of his

Majesty, if perchance their merits have deserved it. For, as is well

known, there are no missions more distant throughout the monarchy

nor more seas to pass nor seas so endangered by the enemies of the

faith--which can be affirmed by those who administer outside the

suburbs of Manila and their environs, who continually bear death or

captivity before their eyes.

If his Majesty has been pleased to give privileges to the citizens of

those islands with the honorable title of hidalgos and nobles--the

munificence of his Majesty supplying what birth denied to many, a

privilege not conceded to any others of the Yndias--as a reward for

having been willing to become citizens in regions so remote from their

fatherland without any other service, in order that by such kindness

others might be encouraged to do the same, not less do the regulars

merit some special privilege and reward from your Majesty, and the

welfare of the souls of the natives. This is the chief object of your

Majesty in conserving the Filipinas Islands and all that conduces

to this is only a means--namely, that it is inhabited by Spaniards

and garrisoned with soldiers, and the expenses which are incurred in

all this. Therefore if his Majesty exercises so great munificence in

order that the means may not fail so that the end may be attained,

in order that it may be more completely and perfectly executed, the

regulars may hope for greater favor from the piety of their king. And

if laymen are rewarded for the services that they have rendered in

those islands with military honors and with great encomiendas of

Indians, one can trust that the services rendered to his Majesty by

all the orders during a hundred years in the islands will merit some

recompense in immunity (even though it be not due for their services)

from his gratitude and liberal hand, as they hope from the grandeur

of their king and sovereign.

APPENDIX: JUDICIAL CONDITION OF THE PHILIPPINES IN 1842

Source: This is from Sinibaldo de Mas's Informe de las Islas Filipinas,

ii, no. 12.

Translation: This is by James Alexander Robertson.

APPENDIX: JUDICIAL CONDITION OF THE PHILIPPINES IN 1842

[In addition to the following account by Mas, the student desirous

of pursuing the subject will find much data in the various Guias

de Filipinas. Some statistics are also presented by Montero y Vidal

(Archipielago Filipino, pp. 194-203) for the years 1883-1884. Much

of value and interest will also be found in the various reports of

the Philippine Commission, and in the numerous pamphlets issued by

the United States Government.]

Justice is administered by means of an Audiencia, which has the

title of royal, and resides in Manila, being composed of one regent,

and five judges; by means of alcaldes-mayor who govern the provinces;

and by the gobernadorcillo whom each village has and who is equivalent

to our alcalde de monterilla. [62] The latter proceeds in criminal

cases to the formation of a verbal process, and tries civil causes

up to the value of two tailes of gold or 44 pesos fuertes.

The royal Audiencia is a court without appeal in Filipinas. The

alcaldes-mayor cannot terminate by their own action civil questions

that have to do with a sum of greater value than 100 pesos fuertes, or

impose any corporal punishment without the approval of the Audiencia,

and then only imprisonment for one week. But they are judges of the

first instance for every kind of litigious or criminal cases.

In order that one may obtain the post of alcalde-mayor, it is not

necessary that he should have studied law. Hence, the greater part

of the heads of the provinces are laymen in that respect. Generally

those posts are given to military men. Consequently, this is the

origin that for every process which is prosecuted in a lawsuit or

cause, the alcalde has to have recourse to an assessor, in order to

obtain the opinion of that one on which to base his action. But since

the advocates reside in Manila, the records have to make at times

many trips from the province to the capital. From this results the

inconvenience of delay, the liability of theft, or the destruction

of the mail. For, in the many rivers that must be crossed, the papers

become so wet that they are useless (as happened with several letters

of a post which was received in the chief city of a province when

I was there, the envelopes of which it was impossible for us to

read), and the malicious extraction in order to obscure the course

of justice. The defect of this system can only be understood if one

reflect that the various provinces of the colony are not situated

on a continent, but in various islands, and that by reason of the

periodic winds and the hurricanes which prevail in this region, the

capital very often finds itself without news of some provinces for

two or three months, and of that of Marianas for whole years.

It appears that what we have said ought to be sufficient to show the

necessity of radical reforms in this department, but, unfortunately,

there are other more grave reasons for such reform. The alcaldes-mayor

are permitted to engage in business. [63] The author of Les Estrits

des Lois [64] said many years ago that the worst of governments is

the commercial government; and surely, for those who have studied the

science of government, all comment on this point is superfluous. The

alcalde who is permitted to engage in business naturally tries, if

possible, to monopolize it by all means in his power. This vice of

the system leads some greedy men to the greatest excesses, which later

are attributed to all alcaldes in general. Upon my arrival at Manila,

I asked a very respectable Spaniard who had been in the country for

many years about what happens in the provinces. He replied to me:

"You know that the alcaldeships are reported to be worth 40,000 or

50,000 duros, and he who seeks one of those posts very earnestly has

no other object or hope than to acquire a capital in the six years

for which the government confers them. Before going to his province,

he borrows 8,000 or 10,000 duros from one of the charitable funds

at such and such a per cent. Besides, he has to pay an interest to

those who act as bondsmen for him, both to the government for the royal

treasury, and to the charitable funds which supply him with money. When

he arrives at his province he acts according to conditions ruling in

that province, for not all provinces are alike in their productions

and circumstances. He generally establishes a supply store, and,

consequently, from that moment, any other storekeeper is his rival and

enemy. If such storekeeper has a creditor whom he tries to hurry up

and goes to the alcalde, he gets no protection. If any theft happens

to him the same thing more or less occurs; for, although the alcalde

orders efforts made to ascertain the thief, far from taking those

measures earnestly, he is secretly glad of the losses of his rivals,

and it has even been asserted that there are cases in which the alcalde

himself has been the instigator of the crime. Who is your enemy? That

of your trade. But does the alcalde himself sell the goods? Sometimes

he sells and measures them, at other times he keeps an agent in the

store; the most usual thing is, if he is married, for his wife to take

charge of the expense, especially of those goods of any value. But

his greatest gain consists in making advances of money at the time

of the sowing, the period when the Indians need it and try to get it

at any cost, for their negligence and their vices do not allow them

to foresee such a case and be prepared for it. For example: a farmer

signs a paper for the alcalde which obliges him to deliver at harvest

time ten measures of sugar, which are worth at least two and one-half

duros, and he himself receives only one and one-half, consequently, by

that operation alone of advancing money, the alcalde-mayor sometimes

gains 40 per cent. But what generally happens is that the Indian is

so short sighted and is so indifferent to the future that he signs

any burdensome obligation provided he gets some money, and he only

takes account of what they give him without thinking of what they are

going to get from him. For example, the alcalde gives him 60 duros

as an advance for forty measures of sugar at the harvest time. The

harvest is bad and he can only give 20. In such case the reckoning is

after the following fashion: 'The sugar has been sold for 4 duros, and

hence 20 measures will amount to 80 duros. You cannot pay them to me,

consequently they can just as well remain as an advance for the coming

year at one and one-half.' In consequence of that the farmer signs a

paper by which he enters under obligation to deliver 53 measures at the

next harvest. Harvest time comes, and if it is bad, he only presents,

say, 13. Therefore, 40 measures at 4 duros amount to 160 duros of debt,

and at one and one-half make 108 measures for the following year. In

this way the man keeps on adding more and more until all his goods

are at the disposal of the alcalde. Besides, there are innumerable

other vexations to which he must subject himself. For instance: he has

to deliver to the alcalde 100 cabans of rice; when he presents them

the alcalde measures them out with a larger measure than that used

in the market. Hence, in reality, the alcalde exacts from him more

than he is bound to pay. The same thing happens with indigo. For, a

discussion arises as to whether the indigo is, or is not, very damp,

and some libras must be taken off for waste; or, whether it is of

poorer quality than the Indian promised, and so on." "But surely it

must needs be that it is fitting to take money advanced, since there

is one who seeks it, and it is worth more for a farmer to cultivate

his land in this way than that he leave it without cultivation for

lack of the necessary capital. In regard to the tyrannies which the

alcalde tries to commit, it seems to me that they might be avoided by

the countryman borrowing the money from a private person who is not

in position to annoy him." "That is all very well thought out, but

I will tell you what happens. The Indian borrows money very easily,

but it is very difficult to get him to pay it, and he generally avoids

doing so, if possible. If a private person lends him money and does

not collect it when due, he has to go to the alcalde in order that

the latter may force payment. The latter either does so coldly, or

pays no attention to the whole matter, since his intention is that

such private persons take warning and never again lend to anyone;

for, it is evident, that if many come to speculate in this kind of

business, the alcalde will soon be shut out, or at least will have

to submit himself to the general rules. Consequently, the result is

that capitalists draw back from him, saying, and very rightly, that

it is only fitting for the alcaldes who possess the means to cause

themselves to be paid when a debt is due. The alcalde, then, remains

master of the field, and monopolizes this department at his pleasure,

for he who needs funds has to go to him, for there are very few who

enjoy enough credit to get them elsewhere. Many other advantages also

favor the alcalde. The parish priests aid him, and many times take

charge of the division of the money of the alcalde in their villages,

for they know that that is the sure means of keeping on good terms with

him, and obtaining the measures which depend on his will in the matters

of their villages. The gobernadorcillos and officials of justice are

other instruments of which the alcalde makes use to apportion and

collect his funds." "Why is it that these do not occupy themselves

rather in their affairs than in those of the alcalde?" "The alcalde can

always, whenever he wishes, make trouble for the gobernadorcillo by

making him go to the chief village with innumerable pretexts, and by

various other methods which it would take a long time to enumerate,

and which it is very easy to conceive. Besides, it is important

for the alcalde to keep the gobernadorcillo satisfied. Suppose now,

that a road has to be built, or a bamboo bridge, or any other work

for which the people of the village who have to do it, according to

their obligation called polos and services, are summoned. As some

of them are busy in their fields or other business, they wish to be

free from such a burden, and they give the gobernadorcillo two or

three reals and he excuses them on the ground of sickness. A party

of troops or a Spaniard passes by and asks for some beast of burden,

or an aid in food. That is also an occasion for the gobernadorcillo to

get even with those whom he dislikes and obtain part of his demands;

for some give him presents in order that he may not give the beasts

of burden, while others do not receive the pay for that food. During

the days of tiangui or village fairs, such and such a sum is exacted

for each post in the market place. In general there are some men of

service called bantayanes who are a kind of sentinel placed at the

entrances of villages. Many of them also pay to be excused from

that burden when their turn comes or when they are told that it

comes. In general he has ten or twelve men called honos, manbaras,

etc., given to him, who are exempt from polos and services, and they

serve the ayuntamiento to send papers, conduct prisoners, etc., and

the gobernadorcillo gives them permission so that they may cultivate

their lands, by collecting from them a contribution." "But it seems

to me that the gobernadorcillo will have to give account, if not for

all, at least for many of the taxes that you have mentioned." "It

ought to be so, and in fact, some enter into the communal treasury,

but they are the fewest and those connected with the legal matters,

for of the others there is nothing to be said. For example: I have seen

an order enclosing a fine as a punishment on the gobernadorcillo for

some fault or misdeed that he had committed. He assembles the cabezas

de barangai; the whole sum is apportioned among the people of the

village. The amount of the fine is collected and the gobernadorcillo

has still something left for his maintenance and revelling." "Why

do they not complain to the alcalde?" "Because, sir, of just what I

told you. The alcalde needs the gobernadorcillo so that he may use

him in his business, and for all such things he is a very far-sighted

man. Besides, the alcalde who tries to investigate those snares of

the tribunals (ayuntamientos) will lose his senses without deriving

any benefit from it. He does not know the language. As interpreter

he has the clerk, who is an Indian, and the entangler-in-chief, and

almost always in accord with the Indian magnates." "If the clerk is a

bad man, will he not be hated?" "I do not say that he is beloved, but

some fear him, and others are his accomplices. Since the alcalde is,

in reality, a business man, he naturally takes more interest in his

business than in that of other people, and leaves all court matters

in charge of the clerk, who comes to be the arbiter in that matter,

and here is where the latter reaps his harvest. One of the members

of the tribunal (ayuntamiento) steals, or causes to be stolen from

some man his buffalo. The man finds out where it is; he complains

to the gobernadorcillo; they begin to take measures; at last the

animal is returned to him, but if it is worth five duros, they make

him pay ten duros in expenses so that the man either considers his

beast as lost and the thieves keep it, or the latter get from him

twice as much as it is worth. Hence, if I were to tell all that

passes in this wise, my story would be very long. One of the things

which they are accustomed to do is to let the prisoners go out of

the prison for several days without the government knowing it. I

have seen that done this very year of 1841 in the province of---,

in regard to some prisoners whom the alcalde-mayor believed to be in

prison; but they were working on the estate of the clerk, and one of

those prisoners had committed very serious crimes." "But why do not

the curas remedy all that? I have heard it said that they are really

the ones who govern the villages." "In reality, when the curas take

that matter upon themselves, those abuses are remedied, at least

in great measure, for they know the language well, and every one

in their village knows the truth, if the cura wishes to ascertain

it. That is what happened in former times. And also at that time

the communal funds were deposited in the convent, and [thus] many

tricks and tyrannies were avoided. But for some years the governors

who have come from España have desired that the parish priests should

keep to their houses and say mass and preach and not meddle with the

temporal government; without taking heed that in a whole province

there is no other Spaniard who governs than the alcalde-mayor himself,

who generally comes from Europa and goes without reflection to take

his charge without any knowledge whatever of the country or knowing

even a single word of its language. Consequently, many religious,

in order to avoid trouble, see and keep still, and allow everything

to take what course God wills. This is one of the chief causes of the

disorders of the villages, and of the increase of crime." "Now tell me,

do the alcaldes make all the wealth that they are accustomed to acquire

with the kind of trade which you have explained to me?" "They have many

means of hunting [buscar] for that is the technical expression used in

this country, but those means vary according to circumstances. In some

provinces great efforts are made to obtain posts as gobernadorcillos

and officials of justice, and that department generally is worth a good

sum annually. Those are things which the clerk or secretary manages. In

the province of--- while Don--- was alcalde-mayor, that gentleman was

in collusion with the manager of the wine monopoly and they practiced

the following. The harvesters came with their wine, but they were

told that it was impossible to receive it. There was a conflict

within themselves, for they had to return to their village. Then

they were told that if they wished to deposit the wine they would

put it in certain jars which had been provided in the storehouse, by

paying such and such a rent until the administration could introduce

it. The harvesters, who needed the money, thereupon sold the wine to

the agents of the alcalde, at any price at all in order to return to

their homes. Finally, as he who had come to be an alcalde, has had

no other object than to acquire wealth, every matter which does not

contribute to that object, such as the making of a bridge, or a road,

the prosecution of evil doers, or any occupation purely of government

or justice, distracts and troubles him. On the contrary every means

of attaining his end appears to him fitting and good. This method of

thought is a little more or less in the minds of all; and thus you

observe that no one says here, not even excluding the religious, who

are those who know the country best, 'I have such or such reasons for

gaining this suit,' but, 'I have so many thousand pesos to gain the

suit.' But to tell the truth, it is not to be wondered at that the

alcaldes-mayor work without much scruple. In the space of six years

they have to pay their passage from and to España; to satisfy the high

interest on the money which they have borrowed; to acquit themselves

of the amount which their alcaldeship has often cost them; and besides

they make their fortunes. Not more or less is done in Turquia."

In the same way as this good man talked, the majority talk. The faults

and vices of some are attributed and laid to all. It is certain that

this system is fatal, for governors of such sort must be essentially

interested in turning down the attempt of private speculators,

and to frighten away instead the attraction of capital. That has,

as a natural consequence, the increased interest on money which

so endangers production, and, consequently, exportation and the

encouragement of the islands. But not less fatal is the opinion that

the authorities of Manila themselves are fed on such abuses. Complaints

are continually presented against the alcalde, at times very captious

and filled with falsehood and absurdity. The Audiencia and office of

the captain-general receive those complaints kindly and very easily

dictate measures humiliating for the alcalde, and impose fines on him,

of which a copy is given to the complaining parties. Rarely is it

that one leaves his alcaldeship without having paid many fines. The

Filipinos make the greatest ado, as is natural, over those triumphs

against authority, but authority loses decorum and moral force. All

this comes from the bad system established, for, since the governor

from the moment that he becomes a merchant, must be a bad governor and

a usurer and tyrant, the government of Manila is predisposed against

his acts, and declares itself the protector of the Filipinos. In this

way one evil is remedied by a worse. The supreme authority instead

of supporting and sustaining the subordinate government punishes and

degrades it. Illusion, respect, and fear vanish. It is believed that

that severity against those who rule is advantageous in making our

yoke loved, and that the natives will say, "The government is kind for

it punishes the alcaldes," while it would be better for them to say,

"The government is kind because it gives us good alcaldes."

Shortly after my arrival in the islands, being at the feast of

Cavite, distant four hours from the capital, I wished to go thither

on horseback, but all who heard of it dissuaded me from the idea,

asserting that I was about to commit a rash act. Another time when

I was coming from Laguna, on passing through Montinlupa, the manager

of the estate of that name was so greatly alarmed that he wished to

accompany me with his servants until we came near the city, and in

fact I learned soon that I was running a great danger on that road,

and that shortly before a Spanish sergeant had been murdered on

it. Then I was very much surprised to find that it was dangerous to

go near the capital without an escort, but later I have been much

more surprised to see that in provinces distant from the capital a

complete security is enjoyed. In order to show the condition of the

criminality of the island we shall present the following data drawn

from the clerk's office of the Audiencia.

Criminal causes sentenced in the Audiencia of Filipinas between the

years 1831-1837

[not inclusive]

Years Causes

1832 75

1833 83

1834 43

1835 102

1836 108

411

Report of the criminal causes sentenced between the years 1836-1842

[not inclusive]

Crimes

=====+=======+======+========+=======+=====+=======+=======+======+======

| Con- | |and Im- |diarism|Lam- | and | and |rough |Causes

-----+-------+------+--------+-------+-----+-------+-------+------+------

1837 | | 43 | 54 | 2 | | 2 | 8 | 5 | 114

1838 | | 108 | 145 | 6 | 4 | 7 | 52 | 60 | 382

1839 | | 74 | 149 | 1 | 5 | 2 | 45 | 41 | 317

1840 | 2 | 83 | 106 | 5 | 1 | 3 | 41 | 54 | 295

1841 | | 131 | 216 | 12 | 6 | 5 | 66 | 67 | 499

-----+-------+------+--------+-------+-----+-------+-------+------+------

| 2 | 439 | 670 | 26 | 16 | 19 | 212 | 227 | 1609

=====+=======+======+========+=======+=====+=======+=======+======+======

Penalties

==========+=======+==============+================+===========

| | | Deprivation of |

[Years] | Death | Imprisonment | Office and | Total no.

| | | other | of

| | | correctives | Sentences

----------+-------+--------------+----------------+-----------

[1837] | 6 | 99 | 17 | 122

1838] | 6 | 140 | 169 | 313

1839] | 6 | 192 | 46 | 244

1840] | 7 | 131 | 19 | 157

[1841] | 3 | 173 | 77 | 253

----------+-------+--------------+----------------+-----------

| 28 | 735 | 328 | 1089

==========+=======+==============+================+===========

Total number of causes sentenced in the first five years 411

Idem 1607

Increasing the latter 1196

[Here follows a report in tabular form showing the number of causes

in each province for the years 1840 and 1841. This table is compiled

at least in part from the guide of Manila for the year 1840; the

population of each province being taken therefrom. Thirty-three

provinces are enumerated. The total number of causes for 1840 was 295,

and for 1841, 499.]

The first thing which arrests the attention in these reports is the

increase of crime. The fiscal, whom I questioned in regard to this

matter, told me that now many causes are elevated to process which

were before finished in the interior courts, and that during these

latter years many old causes had been sentenced. This may be true, but

in regard to the accumulation of back cases that have been sentenced,

I believe that that can only be understood from the year 1838, or even

from that of 1839, because of the lack of judges in which the court

found itself in 1837. No matter how it is considered, the increase is

palpable, for the causes alone for murder of last year amount to more

than all those of any of the years of the first five years, and it is

incredible that at that time they neglected to try people for homicide,

although they did dissimulate in regard to lesser crimes. The second

thing which arrests the attention is the tendency to theft, since

the greater part of the homicides have been committed by robbers,

and further one sees a great multitude of causes for theft. For

among those two kinds of crime are found two-thirds of all kinds of

criminality. This is a matter well worthy of reflection in a country

where the means of existence can be procured so readily. The third

[thing that arrests the attention] is the mildness of the sentences. In

the last five years, when there were 439 homicides, only 28 have

ascended the scaffold, one-third of those tried have been set at

liberty, and 328 condemned to light punishment. One would not believe

that those treated with so great mercy are (at least always) criminals

for insignificant faults. A man of the village of Narbakan was tried

in the year 1840 for having begotten children twice by his daughter,

the second time that having been done by means of assaulting her with

a dagger. The attorney asked for ten years of imprisonment, but the

Audiencia did not impose any penalty and did not even condemn him to

the costs, nor did it take the measure in honor of public morality of

causing them to separate, but allowed them to live together as they

are still doing. At the beginning of the same year, 1840, Mariano

San Gerónimo, a servant from youth to a Spanish tailor called Garcia,

stole one hundred pesos fuertes from his master, and another hundred

from Captain Castejon, adjutant of the captain-general of the islands,

who was living in his house; by extracting them from the trunks of

each one. That of the captain-general he opened with the key which

the latter's own assistant gave him. The greater part of the money

was delivered to that assistant, his accomplice; the rest was lost

at play. This deed served the defender of San Geronimo, Don Agustin

Ruiz de Santayana, to petition his acquittal, alleging in his favor

the incapacity and irreflection which that individual had shown with

the said thief. Both the criminal and his accomplice confessed, and no

obstacle was presented to substantiate this verbal process. However,

it lasted for more than one year. They troubled the master Garcia

so much with notifications and accounts of the maintenance of the

prisoner that at last he refused to have anything more to do with the

matter, and abandoned the charge. The alcalde-in-ordinary sentenced San

Gerónimo to six months' imprisonment. When the Audiencia examined that

clause, March 31, 1841, it ordered the prisoner to be liberated. In

Inglaterra, that violator of his own daughter, and the domestic thief

would have been given the death sentence on the gallows.

This impunity for crimes is, to my understanding, very fatal, not

only because of the encouragement which it gives on that account to

criminality, but also because of the fear which gobernadorcillos and

alcaldes have in arresting the guilty, for they know that they will be

soon liberated and will soon take vengeance on them by robbing them,

cutting down their trees, and burning their places of business. An

employe of estimable qualities in the department of taxes told me that

once grown tired in a certain province of seeing that no one dared

to arrest a thief who had terrified the entire village, he himself

took the trouble to waylay and seize him in the very operation of

committing a theft. He had him bound, and sent him to the alcalde with

the general complaint. In a few weeks he saw him again in the village

and had to reckon with him. I have been in the estate of Buena-Vista

in the outskirts of which live very many robbers. However, they do not

steal there, but they go to do that in other places, bringing there

afterward horses, buffaloes, and whatever they can lay their hands

on. The manager does not dare to wage war against them or to denounce

their thefts, although he knows them. One night when I was there at

twelve o'clock, appeared a cavalry troop sent from the neighboring

province of Pampanga by Alcalde Urbina and commanded by Lieutenant

Lao. With them they brought several persons who had been robbed, and

took them before the official. He had a list of many whom he was to

arrest. It had already been given to the justice of the village. We

amounted to four or five Spaniards in that place. One of those who

live there came within a few minutes to tell us secretly that those

who were to do the arresting had already advised those who were to be

arrested so that they might get out of the way, and so that no one

could be caught. That person and the manager were silent in order

not to compromise themselves, and I did the same, because the evil

was already done, and in order not to abuse the confidence which

they had in me. In fact, the officer and his men, and the guides,

went away without having arrested a single one. A fortnight after

another official, named Dayot, who knows the language of the country

well, returned. Warned by what had happened the first time, he went

directly to the houses where his guides took him; and, consequently,

he seized some of them. Later he came to the estate and asked us for

a very notorious fellow who was said to be absent. We assured him that

we had seen that man less than an hour before. I advised Dayot to have

the soldiers put aside their arms and uniforms, and send them dressed

like the natives together with the guides, and if they surprised anyone

to take him to the barracks; since, to imagine that the justice would

aid him to arrest the criminals was to imagine something that could

not be. In fact, he did that, and within three days he marched away

taking five or six prisoners with him. A great state of consternation

reigned throughout that district, which was good evidence of the moral

condition of the inhabitants. In a few months I asked and learned that

they were back already and in quiet possession of their homes. One day

I was talking in Manila to the regent of the Audiencia, Don Matías

de Mier, about that system of impunity which I had observed in the

islands. That gentleman remarked to me: "It is not possible to take

severe measures here, Señor Mas, for it is necessary to govern here

with mildness." I praise and esteem most sincerely the benevolent

ideas and the good heart of Señor Mier, but it seems to me that his

words might be answered somewhat by those of Jeremias Bentham: [65]

"How many praises are wasted on mercy! It has been repeated, time

and time again, that that is the first virtue of a sovereign. Surely

if crime consists only in an offense to one's self-love, if it is no

more than a satire which is directed against him or his favorites, the

moderation of the prince is meritorious. The pardon which he grants is

a triumph obtained over himself! But when one treats of a crime against

society, the pardon is not an act of clemency, it is a downright

prevarication.... Every criminal who escapes justice threatens the

public safety and innocence is not protected by being exposed to

become the victim of a new crime. When a criminal is absolved all

the crimes that he can perpetuate are committed by his hands." In no

army are there so many executions as in that in which slight faults

are disregarded. How many charges can be laid to the door of the one

who carried away by a poorly understood charity, contributes to the

increase, in any society, of assault, theft, assassination, tears,

and executions. "Every pardon granted to a criminal," says Filangieri,

[66] "is a crime committed against humanity." I cannot conceive how

there is anyone who can imagine that the exercise of kindness to evil

doers is useful or agreeable to the good. I believe, on the contrary,

that those are lamented by the people who are unsafe in their houses

while they are paying contributions to the government which is obliged

to protect them. [Other reflections of a similar nature follow.]

The tribunal might declare that it works in accordance with the spirit

of the Leyes de Indias, but be that as it may, it is, in my opinion,

certain that with this system of tolerating everything from the

natives, and of punishing and degrading the subordinate authorities,

the Audiencia of Manila is losing the islands.

So far am I removed from being a bloodthirsty individual that I would

like to see the death sentence removed from our criminal code. It would

be useless to repeat in support of my opinion the ideas expressed

by many celebrated socialists in regard to the abolition of capital

punishment, but I will make one observation only, which I have read

in no author. The criminal ought always to inspire public scorn and

horror, but from the instant in which he is seen on the scaffold,

the aversion of people becomes calm, and he is converted into an

unfortunate fellow and an object of compassion. This impression does

not seem proper to me. Further, restricting myself to Filipinas I

shall say that since the penalties are imposed so that fear of them

may keep others from committing the crimes, the death penalty does not

cause in that country the same effect as in others, for its natives

have a distinct physical organization from us, and their instinct of

life is much less strong than that of the Europeans. Consequently,

outside of cases in which one treats of questions vital for the colony,

I believe that the death penalty is a useless cruelty. To mark those

criminals well, and to use them in public works, or in agriculture,

would be much more advantageous, and would better conserve the real

object to which laws should tend, namely, the common good.

One of the things which contributes to the increase of crime is the

prohibition in which the chiefs of the provinces find themselves

from applying corporal punishment, without the approval of the

Audiencia. For if a cause were to be made for the theft of buffaloes,

horses, etc., it would be an interminable matter. To put the Filipino

in jail is to move him to a better dwelling than his own. Then

he is given his food there, which, however little and poor it be,

will never be less than that to which he is accustomed daily. He

does not work; on the contrary he lies stretched out all day, and

that is his happiness. Besides, he finds in the same dwelling other

fellow-countrymen with whom to converse and to chew buyo. Consequently,

in the country, the idea of going to prison is very far from the

impression that it gives in España where men are always animated by

the spirit of activity and love to society. It has happened many

times and I have seen it, that prisoners escape to attend a feast

or go on a pilgrimage, and as soon as that is over they return to

present themselves. I am of the opinion that the prison ought alone

to be used as a means of detention, and that for light punishments,

the lash should be applied. The idea of beating a man is repugnant to

many philanthropic persons, for they say that such punishment is for

beasts. However, for certain people who do not know what self esteem

and honor mean, material punishments are necessary. How can one infuse

fear and aversion to crime in one who despises that powerful stimulus

for well doing? Who will tell us? This question is still disputed in

cultured Europa and the civilized English have not dared to banish

the rod from their military code. The first thing which is seen in

the hut of any Filipino is the rattan for bringing up their children,

and whoever has been in the country for some years thinks that all

the provinces would be most tranquil and free from highwaymen if less

papers were written and more beatings given.

There are over 80 advocates in Filipinas. The majority have

studied in Manila in the same manner as they did a century ago in

España. It might be said that they belong to the casuist school. The

preparation for any lawsuit is consequential and the superfluous

writs innumerable, as our system has always been to open all the

doors to the innocence of the natives; and many of the advocates

are of that same class or are Chinese mestizos. The language which

they use is often indecorous, bold, lacking in purity and idiom,

and even in grammatical construction. The Audiencia endures it as it

is the old style custom, for in times past there were few advocates

capable of explaining themselves better. The Filipinos believe that

composed and moderate writs can have no effect at court, and they

are only contented with those which are full of invective, reticence,

interrogation, and exclamation.

Since the alcaldes of the first instance are laymen, they have to

appoint an assessor and very often when one party sees that his suit

is badly prepared, he challenges the assessor even three times. It is

an abusive matter, and to the prejudice of justice, for in case of

challenge of the assessor, that ought to be done at the moment that

he is notified of his appointment, and not after seeing that which

is not favorable to him, and that judgment is near.

The Leyes de Indias, compiled in 1754, and all the previous decrees

and royal orders before that time still rule in Filipinas, in addition

to the decrees and edicts of the governor-general. Of all this there

is nothing, or very little, printed. The advocates generally know

the laws in force by tradition and hear-say, but when they need any

of the laws they have to look for it in the house of some friend,

or, if not that, in the secretary's office of the government, whence

very frequently it has disappeared, or in the office of the fiscal, or

that of the intendant; because some orders are communicated by grace

and justice, and others by the treasury or by other ministries. He

who has no relatives or is new in the country is ignorant of the

rules in force, or has not the means of acquiring them. Besides so

far as they are not overthrown by the Leyes de Indias the laws of the

Siete Partidas have as much force as do the latest Recopilación, [67]

Roman law, royal and old law, and, in fact, all the confused mass of

the Spanish codes. Consequently, it is a vast sea in which are found

abundantly the resources necessary to mix up matters and stultify

the course of justice. In English India, a book is printed annually

of all the orders which have been communicated to the tribunals and

governors. This forms a collection which is entitled The Regulations,

which is now being translated into the language of the natives by

order of the government.

There are orders and even articles of the ordinances of good

government to specify the price of food. These schedules are very

often, as is evident, the cause of the disappearance of things, and,

as they are not found in the market it is necessary to petition the

gobernadorcillo to provide food which he is obliged to furnish at

the price named in this schedule; and at times where there are many

Spaniards and soldiers, that amounts to hundreds of fowls, eggs,

etc., which the village must supply monthly and even daily. This is

not only an odious task, but also the reason for infamous vexations

on the part of the cabezas de barangai, for the unhappy cailianes are

those who have to furnish it all without even collecting a thing. It

must be well known that cheapness in articles proceeds only from

collecting those articles and this proceeds only from abundance,

and abundance only from freedom in the market; and the assigning of

a low price to any article by schedule is the most direct method of

restricting its production and heightening its price.

After all that we have set forth, one can well say that the department

of the administration of justice is what needs the most prompt

and speedy reform. From that, then, it is obvious that all the

alcaldes-mayor ought to be jurisconsults. The custom of allowing

governors to trade is not suitable for the age in which we live,

surely, although there are some who do not abuse their position,

and today there are some who can be presented as models of honor and

nobility, especially Don Juan Castilla who governs in Samar, and Don

Francisco Gutierrez de los Rios in Laguna. Not only is the latter

free from the avarice and other faults which are so common to other

alcaldes, and does not make use of the permission to trade, but also

recognizes the defects of the present administration, and declaims

in the bosom of his friends against them, since he is imbued with the

sane principles of justice and political economy. But in such matters

one must not reckon on virtue but always with human nature. One day

happening to question one of the most judicious and kind persons whom

I have known in the islands, how Alcalde Peñaranda had happened to

lose his money, he answered me: "He gave it to an agent to use, he to

share in the profits, and then paid no attention to it for three years

after. He gave up his time very greatly to the building of bridges

and roads, and while he was busy in such bits of foolishness, the

other made the most of his time and consumed it all." Another person,

of whose philanthropy and gentlemanliness I have positive proofs, told

me that if he obtained the government of a province, he would assemble

all the influential men and make them an offer to renounce all trade

provided that they gave him a certain annual sum. I replied to him

that that was an impracticable project and stated my reasons. "Then,"

replied he, "I would harass everyone who engaged in trade until he

ceased it, or left the province, and it would be all the worse for

him." Such are the evils of a bad system. One becomes accustomed

to the idea that a government post offers the opportunity of making

money and nothing else. The moment that one has obtained office, he

believes that he has a right to make money, without considering the

means to any extent; while he who is careless of his own interests and

busies himself in the progress of the province, like Señor Peñaranda,

is ridiculed and called a fool.

Many believe that to prohibit the alcaldes from trading would be

useless, because they would do it by all means through a second

person. There might be some fraud, but there is no doubt but that the

evil would be remedied, if not wholly, in great measure, especially if

any contract in regard to business interests signed by the alcaldes

in Filipinas be declared null and void; for it is very difficult to

find in the country persons to whom to hand over a capital and be sure

of their good faith, and it is not easy to take them with him from

España. And even leaving aside these disadvantages, it will always

result from the prohibition that the agent of the alcalde will have

to manage his money with great secrecy and as if it were his own, in

which case there would be no trouble. The government of India was a few

years ago entirely commercial, but since the commerce was prohibited,

none of its dependents engage in it. Those who have savings deposit

them in one of the banks or in one of the good commercial houses there

at four or five per cent, or indeed they buy public stock or speculate

with them. Alcaldeships in my opinion ought to be divided into three

classes and given to individuals, all of them advocates, who would

form a body of civil employes. When an alcaldeship of the first class

fell vacant, it would be given to the senior advocate in charge of

those of the second class, and so on. The regulation that alcaldes

were to remain in the country only six years was founded certainly

on the fear that they might acquire a dangerous influence over the

country. To the degree that the precaution is not unfounded, the term

is very short for so long a distance, for among other obstacles it

contains the one that when a chief is beginning to know the country he

has to leave it. Fifteen or twenty years would be a more fitting time.

In English India all the civil and military employes know the language

of the country. That extreme, however advantageous it be, and is, in

fact could be brought about here only with difficulty. It would have

been easy if one of the dialects of the islands had been established

from the beginning as the language of the government and of the courts;

for a Visayan learns Tagálog very quickly, and any other idiom of

the country, and the same thing is true of the other natives.

[If that had been done] all would at this moment show well or poorly

the dominant language, just as in Cataluña, Valencia, the Baleares

Islands, and the Basque provinces, Castilian is known. But this is

not a matter which can be remedied in a brief time. Consequently, if

an alcalde who is beginning to administer justice in Cagayan has to

go immediately to Cebú, he will surely arrive there without knowing

the language, although he had given himself to the study of it from

the very beginning. But if this is an evil, this evil is now being

endured, for the alcaldes arrive from España, and since they know that

they have to return in six years, they do not take the least trouble

to learn the language, and they leave the government in this regard

just as when they entered it.

In the capital and its suburbs, justice is administered by means of

two lay alcaldes, who are appointed annually by the ayuntamiento from

the citizens of the city. When the appointees are men of wealth, they

resign, for this charge alone occasions them ill-humor and serious

occupations which distract them from their business. Those who accept

or desire it, can have no other stimulus than that of vile interest,

tolerating prohibited games, etc. It is, then, necessary to appoint

two lawyers with suitable pay to be judges of first instance.

Everyone knows what the Leyes de Indias are, the epoch in which they

were made, and the distinct regions for which they were dictated. It

is, then, indispensable and peremptory to make the civil codes of

legal processes, of criminal instruction, and of commerce especially

for the country.

In India there is a commission of the government composed of four

votes and a president, charged with making and revising the laws of

India. For the same purpose, in my opinion, three persons who had

studied or should study the country would be sufficient here. In

such case I would be of the opinion that they be not allowed to

do their work together, but that each one work alone and present

his results. Another commission ought to be appointed immediately

(there would be no harm in those same men forming it) to examine

the codes and present a résumé of the points in which they differed

essentially. These would be few and in regard to them the government

could take the best resolution.

BIBLIOGRAPHICAL DATA

The following document is obtained from a MS. in the Archivo general

de Indias, Sevilla:

1. Letter from the archbishop of Manila.--"Simancas--Eclesiastico;

Audiencia de Filipinas; cartas y espedientes de arzobispo de Manila;

años 1579 á 1697; est. 68, caj. 1, leg. 32."

The following document is obtained from a MS. in the Real Academia

de la Historia, Madrid:

2. Jesuit protest.--"Papeles de los Jesuitas, to. 4o., no. 259."

The following document is obtained from a MS. in the Archivo general,

Simancas:

3. Paz's Description of Philipinas.--"Consejo de Inquisicion,

libro 786." (We present such part of this document as relates to

the Philippines.)

The following are taken from the Ventura del Arco MSS. (Ayer library):

4. Condition of Philippines, 1652.--Tomo ii, pp. 385-390.

5. Jesuit missions, 1655.--Tomo ii, pp. 391-399.

6. Events in Manila, 1662-63.--Tomo ii, pp. 421-480.

7. Letter from Salcedo.--Tomo ii, pp. 481-483.

8. Friars and episcopal visitation.--Tomo ii, pp. 401-419.

The following is obtained from Retana's Archivo:

9. Royal funeral rites.--Tomo ii, pp. 105-158.

The following are taken from Pastells's edition of Colin's Labor

evangélica:

10. Aid asked for Jesuits.--Tomo iii, pp. 786, 787.

11. Two Jesuit memorials.--Tomo iii, pp. 804, 805.

The following is taken from Historia general de los religiosos

descalzos ... de San Agustin:

12. Recollect missions, 1646-60.--Part ii, by Luis de Jesús (Madrid,

1681), pp. 371-373, from a copy in the possession of Edward E. Ayer,

Chicago; and part iii, by Diego de Santa Theresa (Barcelona, 1743)

pp. 134-558, from a copy in the Library of Congress--using only such

matter as relates to the Philippines.

The following is obtained from an old pamphlet not usually included

in Philippine bibliographies:

13. Description of Filipinas, 1662.--From a pamphlet published at

Puebla, Mexico, in 1662; it is bound in with Letona's Perfecta

religiosa (Puebla, 1662, a rare work), in the copy possessed by

Antonio Graiño y Martinez, Madrid.

The following is obtained from Sinibaldo de Mas's Informe de las

Islas Filipinas:

14. Administracion de Justicia (1842).--Vol. ii, no. 12.

NOTES

[1] Evidently a reference to the "Relation" of Father Fayol, q.v.,

Vol. XXXV, pp. 212-275.

[2] This was the mother of the dead prince Baltasar Cárlos--Isabel (or

Elizabeth) of France, daughter of Henri IV; she died October 6, 1644.

[3] i.e., "The crown of our head has fallen."

[4] Spanish, una media naranja, literally, "a half orange."

[5] The original verses are given for this and following stanzas,

because of the plays on words which cannot be perfectly rendered

in English.

[6] Codal: A short thick wax candle, one cubit in length.

[7] Upon the occasion of the death of the late pope Leo XIII, a rich

catafalque was erected in the great cathedral of Sevilla, between

the choir and the high altar, and services were conducted somewhat

in the same manner as here described.

[8] Diego Patiño was born June 1, 1598, at Tarancon, in the diocese

of Cuenca, and entered his novitiate March 22, 1613. After teaching

grammar he went to the Philippines in 1622. He had charge of missions

in Catubig, Malanao, Iligan, and Dapitan; was afterwards associate

to the provincial, rector of Catbologan and Manila, and provincial

of the Philippines; and was finally sent to Rome as procurator. He

was versed in the various dialects of the Bisayan Islands. See

Sommervogel's Bibliothèque, and post, note 9.

[9] The archbishop of Manila, Miguel Poblete, wrote to the king in

like terms under date of July 8, 1654, as did also the bishop of

Nueva Cáceres, under date of December 15, 1654. When Father Diego

Patiño reached Mexico, he obtained permission from the viceroy there

(June 26, 1656) to go to Madrid and Rome. Patiño died of suffocation

from hernia, in Tenerife at the convent of the Dominicans, July 26,

1657, and was succeeded in his office by Brother Francisco Bello, who

presented his licenses, authorizations, and memoranda to the Council,

September 30, 1659 [sic. in Pastells, but probably 1658.] Recruits

finally reached the Jesuits in 1662. The above document is only one

of many written by various persons, detailing the need of the Jesuit

missions and petitioning aid. See Pastells's Colin, iii, pp. 787-790,

where some of these letters are given with press-marks.

[10] Magino Sola was born at Girona, April 22, 1605, and was admitted

into the Society of Jesus, August 15, 1624. He went to the Philippines,

where he labored among the natives for three years, was procurator

of his province for four years, minister at Manila for three years,

rector of Silang, and after 1659 procurator for the Philippines in

Spain. He died at Cadiz, October 31, 1664. Sommervogel mentions two

letters written by him.

[11] A note of Ventura del Arco, the transcriber and synopsizer of

this document, says: "It is not exact to say that this was the cause

of the insurrection of the Sangleys either in 1639 or in 1603."

[12] Miguel Solana was born in Castilla, June 1, 1594; at the age

of eighteen he entered the Jesuit order, and ten years later (1622)

came to the Philippines. During twenty years he ministered to both

the Spaniards and the natives, and later was (twice) provincial, and

procurator-general at Madrid. He died at San Miguel, December 21, 1669.

Cf. this document with "Jesuit missions in 1656" (Vol. XXVIII of this

series, pp. 78-103), both being written by royal command.

[13] This information is obtained by Montero y Vidal from a report

made in 1654 by the Jesuits, at the order of the colonial government;

it is probably one of the local reports used by Solana in compiling

the preceding account.

[14] Murillo Velarde says of the Lutaos (Hist. de Philipinas,

fol. 73b): "They are capable and alert, and remind me of the gypsies

in España."

[15] Montero y Vidal adds: "It is seen, then, that the Christian

population in charge of the Jesuits in Mindanao and adjacent regions

was at that time 50,000 souls. The discalced Augustinians, who had

gone to aid the Jesuits in 1621 in extending their jurisdictions of

Butuan and Caraga, had 20,000 more or so in charge. As the entire

population of the island was, according to Father Colin, calculated

at that time at 150,000, it follows that more than two-fifths had

embraced Christianity and were obedient to Spanish authority."

[16] Before embracing a religious life, Brother Francisco Bello (or

Vello) had been a fine business man and merchant, and had a thorough

knowledge of the Orient. See Pastells's Colin, iii, p. 806.

[17] Considerable legislation took place in regard to these two

memorials. They were submitted to Sebastian Hurtado de Corcuera,

who indited his reply from Santander, November 22, 1658, in which he

corroborated the statements of Vello, and advises that the suggestions

in both be followed. They were also submitted to one Licentiate

Antonio de León Pinedo, because of his knowledge of such matters,

who answered under date of Madrid, January 10, 1659, advising that

the forts of Terrenate be annexed to the spiritual jurisdiction

of the Philippines. The fiscal, reporting on the matter at Madrid,

February 11, 1659, also favors the establishment of a tribunal of the

Inquisition at Manila and the merging of the Terrenate forts in the

archbishopric of Manila. On March 11, 1659, the council resolved that

the viceroy and Audiencia of Nueva España report pro and con on the

founding of a tribunal of the Inquisition in Manila, after conferring

with the inquisitor of Mexico; also that the governor and archbishop

of the Philippines report on the means of supporting a tribunal of the

Inquisition without royal expense. A royal decree of April 24, 1659,

directed to the governor and Audiencia of the Philippines, orders them

to report pro and con on the separation of the Terrenate forts from

the bishopric of Malacca and their addition to the archbishopric

of Manila. Another decree of like date addressed to the viceroy

and Audiencia of Nueva España orders a report on the establishment

of a tribunal in Manila. Although the memorials are without date,

it is probable that they were presented to the royal Council in the

latter part of 1658; for Bello succeeded Patiño as procurator-general

at Tenerife, July 26, 1657. See the original documents presented by

Pastells (Colin, iii, pp. 806-810).

[18] Mateo Bermudez was one of the Dominican mission that arrived

in the islands in 1626. He ministered in Formosa, and in the Parián

of Manila; and was afterward procurator at Madrid and Rome, and

visitador to the American provinces. In 1658 he returned to Mexico,

remaining there until his death (1673), at the age of eighty.

[19] In the MS. this latter clause is separated from the preceding one,

but obviously refers to it. The argument of Solana is: The Dominican

school requires the teachings of St. Thomas, "the Angelical Doctor,"

to be maintained. But St. Thomas opposed the belief and doctrine of

the immaculate conception of the blessed Virgin Mary. In Solana's day

the dogma of the immaculate conception had not yet been defined by the

Church; it then was a moot question. But in that day the belief in and

teaching of the immaculate conception was common, though not (as said)

of duty--Dominicans only, one may say, holding to the contrary. The

pupils, then, of Santo Tomas had to swear to uphold what was not common

belief, although it was not then heretical.--Rev. T. C. Middleton,

O.S.A.

[20] Many passages in this document are very involved and elliptical,

and in some places the sense is not at all clear. The translation

is necessarily somewhat free, at times, in wording; but it is

believed that the author's meaning is, as a rule, accurately

rendered.--Rev. T. C. Middleton, O. S. A.

[21] This description of the Philippines appears in a manuscript

book of an itinerary of the district of the Inquisition of Mexico,

made by the order of the bishop of Plasencia, Diego de Arce Reynoso, a

member of his Majesty's Council and inquisitor-general of his kingdoms

and seigniories, and given to Pedro de Medina Rico, visitor of the

Inquisition of the City of Mexico and its districts. The Philippines

have place in this itinerary, as they were under the Inquisition

of Mexico. This general visit or itinerary was to include a general

review of all things affecting the Inquisition, its establishments

and employees.

[22] That is, along the bay shore in the other direction--northward

from the city of Manila.

[23] This is a misstatement, for the three islands of Samar, Negros,

and Panay are larger than Paragua, the areas of the four islands in

square miles being respectively, 5,031, 4,881, 4,611, and 4,027. See

Census of Philippine Islands, ii, p. 30.

[24] The island of Cebú has an area of 1,762 square miles; Bohol,

1,441; 2,722; 5,031; Samar, 5,031; Negros, 4,881; Bantayan (the

Bantallan of the text), 47; Panai, 4,611; Mindanao, 36,292. See Census

of Philippine Islands, ii, p. 30.

[25] Bachian, not Ternate, is the largest of the Moluccas, its area

being 800 square geographical miles, while that of Ternate is only

11.5. See Crawfurd's Dictionary.

[26] The following two sections are taken from the Historia de los

religiosos descalzos (Madrid, 1681) of Luis de Jesús, pp. 371-373.

[27] The title-page of this book, translated, reads as follows:

"General history of the discalced religious of the Order of the

hermits of the great father and doctor of the Church, St. Augustine,

of the congregation of España and of the Indias. Volume third:

which was written by the very reverend father Fray Diego de Santa

Theresa, pensioned lecturer, ex-definitor, and chronicler-general

of the said congregation; arranged and enlarged by Father Fray

Pedro de San Francisco de Assis, pensioned lecturer, calificador

of the Holy Office, definitor of the holy province of Aragon, and

chronicler-general. Dedicated to Nuestra Señora del Pilar [i.e., "our

Lady of the Pillar"] of Zaragoza. Containing apologetic additions

to the first volume in defense of the discalced Augustinians, in

answer to what was written against them by the father master Fray

Alonso de Villerino; and one decade, namely, from the year 1651 to

that of 1660. With license. In Barcelona; at the press of the heirs

of Juan Pablo and Maria Martí, under the management of Mauro Martí,

in the year 1743." The heading of the dedication is as follows:

"To the sovereign queen of heaven and earth, on her throne of

the pillar in Zaragoza" and it is followed by a long and curious

letter of dedication. We translate and condense from a copy owned

by the Library of Congress, which bears the following inscription:

[This book] belongs to the Library of the convent of the discalced

Augustinian fathers of Valladolid. Fray Tomas de San José, Librarian."

[28] Manobos: This name is applied to several pagan Malay tribes in

northern and eastern Mindanao, the word meaning "man"--just as many

other savage tubes in all parts of the world designate themselves as

"men" ("the men," par excellence); but Santa Theresa's description

of them does not accord with that of Dr. Barrows. (See Census of

Philippine Islands, i, pp. 461, 462.)

[29] The same name as Dávao, that of the province occupying the

southeastern part of Mindanao.

[30] i.e. "Black vomit;" a reference to the yellow fever, which is

still prevalent today in that region.

[31] i.e., "within two days' journey."

[32] i.e., "When officiating in his duties, and as far as it relates

to the care of souls."

[33] The Negritos (who have been frequently mentioned in previous

volumes of this series), or Aetas, form part of the Eastern division

of the pygmy race of blacks. In the Philippines, the Negritos are

tound mainly in Luzón and Panay, and in northeastern Mindanao; in

smaller numbers they also inhabit districts in Palawan and Negros,

and in some small islands besides. As in our text, they are, in

Luzón, often mentioned in connection with the Zambals--who "were

the most indolent and backward of the Malayan peoples," and "who,

in the days before the arrival of the Europeans, were in such close

contact with the Negritos as to impose on them their language, and

they have done it so thoroughly that no trace of an original Negrito

dialect remains." See W. A. Reed's study of the "Negritos of Zambales,"

vol. ii, part i of Ethnological Survey Publications (Manila, 1904);

it contains valuable information, based on actual field-work among

those people, regarding their habitat, physical features, dress,

industrial and social life, amusements, superstitions, etc., with

numerous illustrations.

[34] Apparently this comparison of financial statements was inserted

by Fray Pedro de San Francisco de Assis, the editor of Santa Theresa's

work.

[35] Agutaya is the principal island of the northern Cuyos group,

and contains a town of the same name.

[36] There are several places of this name in the islands; the

reference in the text is probably Taytay, the chief town of northern

Palawan.

[37] Baler is capital of the subprovince of Príncipe, in Luzón;

its latitude is 15° 40' 6" North.

[38] The following statement by Dr. David P. Barrows--who is chief of

the Bureau of Non-Christian Tribes, Manila, and is probably our best

authority on this subject--presents the latest view regarding the

origin of the Filipinos, adopted after much patient and enthusiastic

research in that field by him and other American ethnologists. It may

be found in the recently-published Census of the Philippine Islands,

i, pp. 411-417.

"Ethnologically, no less than geographically, the Philippines belong

to the Malay archipelago. With the exception of the aboriginal dwarf

blacks, the Negritos, who are still found inhabiting the forests in

a great number of localities, all the tribes of the islands, whether

Christian, Mohammedan, or Pagan, are, in my belief, derived from

the Malayan race. We probably have in these tribes two types which

represent an earlier and a later wave of immigration; but all came

from the south, all speak languages belonging to one common stock,

and all are closely related in physical type and qualities of mind. As

representative of the first migratory movement may be named the Igorot,

the mountain head-hunter of Northern Luzón; and of the latter almost

any of the present Christian or Mohammedan tribes. The migratory

period of this latter type, which constitutes the great bulk of the

present population of the islands, is almost covered by the early

historical accounts of the exploration and settlement of the Far East.

"Four hundred years ago, when the Portuguese discoverers and

conquerors reached southeastern Asia, they found the long peninsula

in which the continent ends, and the islands stretching south and

east in this greatest and most famous of archipelagoes, inhabited by

a race which called itself Malayu. On the island of Java this race

had some ten centuries before been conquered by Brahmin Hindus from

India, whose great monuments and temples still exist in the ruins

of Boro Budor. Through the influence and power of the Hindus the

Malay culture made a considerable advance, and a Sanskrit element,

amounting in some cases to twenty per cent of the words, entered the

Malayan languages. How far the Hindu actually extended his conquests

and settlements is a most interesting study, but can hardly yet be

settled. He may have colonized the shores of Manila Bay and the coast

of Luzón, where the names of numerous ancient places show a Sanskrit

origin. The Sanskrit element is most pronounced in the Tagálog and

Moro tongues. (Pardo de Tavera, El Sanscrito en la lengua Tagala.)

"Following the Hindus into the Malay archipelago came the Arabs. They

came first as voyagers and merchants, and here as always the Arab

was a proselyter, and his faith spread rapidly. Long before the

Portuguese arrival Islamism had succeeded Brahminism and the Arab had

supplanted the Hindu.... Mohammedanism gradually made its way until,

on the arrival of the Europeans, its frontiers were almost the same

as those of the Malay race itself.

"The people who carried this faith, and who still rank as the type

of the race, were the seafaring population, living in boats as well

us on the shore, who control the islands of the straits between

Sumatra, the Malay Peninsula, and Borneo. These people received from

the Portuguese the name of Cellates, a corruption of Orang Salat

(Sea Folk). Under the influence of Mohammedanism this race, which

seems to have originated in Sumatra, improved in culture, formed

many settlements and principalities, and because of their seagoing

habits, their enjoyment of trade, and their lust for piracy, carried

their name (Malayu), their language, and their adopted Mohammedan

religion throughout the Malay archipelago. Probably as early as

1300 these adventurers established a colony on northwest Borneo,

opposite the island of Labuan, which colony received the name of

Brunei, from which has been derived the name of the whole island,

Borneo. The island was already inhabited by Malayan tribes of more

primitive culture, of which the Dyak is the best known. From this

settlement of Borneo the Mohammedanized Malay extended his influence

and his settlements to the Sulu archipelago, to Mindanao, to Mindoro,

and to Manila Bay." The people of Sulúan, whom Magellan encountered

near Sámar, "were almost certainly of the same stock from which the

present great Visayan people are in the main descended. Many things

incline me to believe that these natives had come, in successively

extending settlements, up the west coast of Mindanao from the Sulu

archipelago.... To the present day the physical type and the language,

persisting unchanged in spite of changes of culture, closely relate the

Visayan to the Moro. In addition to these arrivals from the archipelago

of Sulu there was probably a more primitive Malayan population, whom

the later arrivals already had more or less in subjection, as the Moros

even now control the pagans on the mainland of Mindanao.... Thus we may

infer that at the time of the discovery there were on these central

islands of the archipelago, a primitive, tattooed Malayan people,

related on the one hand to the still primitive and pagan tribes of the

Philippines, and on the other hand to the wild head-hunting tribes

of Borneo; and in addition intruding and dominating later arrivals,

who were the seafaring Malays."

Interesting in this connection is the following remark on the Negritos

by Taw Sein Ko, in his "Origin of the Burmese Race," published in the

magazine Buddhism, (Rangoon, Burma), in March, 1904: "There remains

the question as to the autochthonous races which were displaced by

the Burmese, Talaings, Shans, Chins, and Karens in Burma. Before the

advent of these nations, the Negrito race appears to have occupied

southeastern Asia, including Burma. Remnants of it are still found

in the Andaman Islands, Philippines, Borneo, and Malaya."

[39] Apparently a reference to Manuel Estacio Venegas, a favorite of

Fajardo's, whose downfall Letona relates in sect. 59.

[40] Vascongado: a term applied to the people or products of the

Spanish provinces of Alava, Guipúzcoa, and Vizcaya (or Biscay).

[41] A phonetic rendering of one of the numerous names of a noted

Chinese corsair--generally known as Kue-sing or Ko-xinga; La Concepción

also gives, as his original Chinese name, Tching-tching-cong,

and Coseng and Punpuan (in Diaz, Cogsin and Pompóan) as other

appellations. He also says that Kue-sing (the name meaning "adopted

son of a king") was adopted by the emperor Congun, who had no sons. The

accounts of various writers do not agree regarding the early history of

this adventurer; but that given by our text is apparently corroborated

by other accounts of Kue-sing's achievements and exploits during his

later years. Detailed relations of his career, and of his attempt

upon the Philippines, may be found in Diaz's Conquistas, pp. 461,

551-555, 616-637; Santa Cruz's Hist. de Filipinas, pp. 271-278, etc.;

Murillo Velarde's Hist. de Philipinas, fol. 270b-275; La Concepción's

Hist. de Philipinas, vi, pp. 345 (sc. 355)-359, and vii, pp. 38-56;

Ferrando's Hist. PP. Dominicos, iii, pp. 12-17, 29-41, 47-67, 78-98;

Montero y Vidal's Hist. de Filipinas, i, pp. 313-322, 329. Ferrando

calls Kue-sing the "Attila of the East."

[42] Vittorio Ricci (Spanish Riccio) was a relative of the noted

Jesuit, Mateo Ricci. He made profession as a Dominican in 1635,

and was a student and afterward a teacher in the Dominican college

at Rome. Meeting there (1643) the noted Fray J. B. Morales, Ricci

decided to return with him to the East, and arrived at Manila in

1648. There he ministered to the Chinese for seven years, when he was

sent to the China mission. He was much favored by the noted Kue-sing

(or Ko-xinga), who obliged him to become his ambassador to Manila

(1662). Returning to China, Ricci found that Kue-sing was dead,

and persuaded the latter's officers that it was to their interest

to maintain peace and commerce with the Spaniards--for which purpose

they sent him again to Manila, as here narrated. In 1664 a persecution

arose in China, and the missionaries were summoned to Peking. Fearing

to obey, as he had been on Kue-sing's side, Ricci fled to Formosa, and

afterward (March, 1666) returned to Manila--where he was imprisoned

for some time. Afterward he held various important offices in his

order, and aided in the compilation of Santa Cruz's continuation

of Aduarte's history. He died at the Parián, February 17, 1685. See

Reseña biográfica, ii, pp. 461-464.

[43] The letter of Kue-sing, and the governor's reply, may be found

in Diaz's Conquistas, pp. 625, 626, 629-631; and Murillo Velarde's

Hist. de Philipinas, fol. 271, 274.

[44] The order to abandon Zamboanga arrived there on June 19, 1662;

but this was not accomplished until April, 1663. The commandant of

this fort at that time was Fernando de Bobadilla. Paquian Bactial,

king of Joló, as soon as he heard of the proposed abandonment, plotted

to kill all the Spaniards in Zamboanga, and make it his own capital;

he asked Corralat to aid in this enterprise, but the latter refused

to break his peace with the Spaniards. Royal decrees at various times

ordered that fort to be again occupied; but this was not done until

1718, under the rule of Governor Bustamente. (See Murillo Velarde's

Hist. de Philipinas, fol. 275, 276.)

[45] Probably thus named from the tree called talisay (Terminalia

catappa), as perhaps constructed from its wood. Its bark is used for

dyeing; and its seeds are edible, resembling almonds. See Blanco's

Flora (ed. 1845), p. 264; and Official Handbook of Philippines,

pp. 309, 356.

[46] Referring to the Dominican Riccio, who with the title of mandarin

had brought Kue-sing's message.

[47] "From the cattle-herds on the ranches, and other men who were

skilful in managing horses, he formed a cavalry troop of 400 men,

in command of Don Francisco de Figueroa" (Murillo Velarde, Hist. de

Philipinas, fol. 273).

[48] José de Madrid, a native of Cebú, was a student and later a

teacher, in the college of Santo Tomás at Manila, having entered the

Dominican order in 1646. He went to China, but, fearing to lose his

life, returned to Manila, only to die, as here related, at the hands

of the Chinese (May 25, 1662).

[49] These were Malays who had accompanied the Spaniards from Ternate,

where they formed a village, their name meaning "free people"

(Pastells's ed. of Colin's Labor evangélica, iii, pp. 266, 812). La

Concepción (Hist. de Philipinas, vii, p. 102) says: "Under this name

[i.e., Mardicas, or Merdicas] are included natives of Ternate, Tidore,

and Siao; of Manados, Cauripa, Celebes, and Macasar. They were allotted

a dwelling-place at Marigondon, on the great bay of Manila ... and

theirs is the island of Corregidor, from which they give warning

of the ships that they descry, by signal-fires." He says that they

speak three languages--Spanish, Tagálog, and their own dialect; and

"regard themselves as the spiritual sons of St. Francis Xavier, to whom

they are singularly devoted--a feeling inspired by their forefathers,

who had known him and witnessed his marvelous works." Ferrando says

(Hist. PP. Dominicos, iii, p. 94) that these people have preserved

their own dialect, usages, and customs; and up to recent times had

not intermarried with the Filipinos of neighboring villages.

[50] La Estacada (literally "the stockade") was on the same side of

the Pasig River as Binondoc, but separated from that village by the

little estuary which leads to the village of Tondo. See Muñoz's map

of Manila and its suburbs (1671) in Pastells's edition of Colin's

Labor evangélica, iii, p. 824; this map will be reproduced in the

present series.

[51] Spanish falsabraga: "a parapet constructed at a lower elevation

than the main parapet, and between the parapet and the edge of the

ditch. It was used only in permanent fortification, and has long been

obsolete;" see Wilhelm's Military Dictionary (Phila., 1881), p. 158.

[52] Cf. with this description the fortifications indicated on Muñoz's

map, mentioned ante, p. 243, note 50.

In order to prevent the enemy from fortifying large buildings outside

the walls, "orders were issued to demolish the churches of Santiago,

Bagumbaya, Hermita, Malate, Parañaque, Dilao, San Lazaro, the Parian,

and Santa Cruz--besides various country houses which the Spaniards own

in those environs." (Murillo Velarde's Hist. de Philipinas, fol. 272.)

[53] This son was called Kin-sié, also known as Tching King-may and

Sipuan; La Concepción says (vii, p. 55) that he, "who had been reared

in the study, among books, did nothing to cultivate the country

which his father had acquired with so many dangers and fatigues,

and the troops therefore became, in his service, lax and cowardly."

[54] The references in this document to the rulers of China can

hardly be satisfactorily identified; the various names given to the

same person, the conflicting claims of various usurpers or temporary

rulers, and the struggle between the dying Ming dynasty and the Manchu

conquerors, cause great confusion and uncertainty in the history of

that period. The actual ruler of China was then the Manchu Chuntche

(1646-61); he was succeeded by his second son, Kanghi.

[55] Nanking was, under some early Chinese dynasties, the capital

of the empire. This name signifies merely "Southern Court;" the

proper appellation of the city is Kianningfu. Odoric of Pordenoñe,

who visited it near the year 1325, says that its walls had a circuit

of forty miles, and in it were three hundred and sixty stone bridges,

the finest in the world (Yule's Cathay, i, pp. 120, 121).

[56] This was Hia-mun, or Emuy (known by the English as Amoy); it lies

off the province of Fuh-kien, at the mouth of the Lung-kiang ("Dragon")

River. On it lies the city of Amoy, a large and important commercial

port; it has one of the best harbors on the coast. (Williams's Middle

Kingdom, i, pp. 114, 115.)

[57] Diaz relates this (Conquistas, p. 619) in greater detail. "The

Tartar [i.e., Chuntche], seeing himself reduced to so great straits

... resolved to command that all the [inhabited places on the] maritime

coasts should be laid waste and dismantled, for a distance of three

or four leguas inland, throughout the more than eight hundred leguas

of coasts which that empire possesses. This, to the great injury

of the empire, left demolished and razed to the ground innumerable

settlements and cities, enough to compose several kingdoms. This was

the greatest conflagration and havoc that the world has seen, ... and

only populous China could be the fit theater for such a tragedy,

and only the cruel barbarity of the Tartars [could make them the]

inventors and executors of such destruction. The upheaval which the

execution of this so unexampled cruelty caused cannot be described; the

loss of property is incalculable; and human thought cannot conceive the

horror produced by the sight of so many thousands of towns and cities

burning. At last this general conflagration was completed, the fire

lasting many days--the clouds of smoke reaching as far as Hia-muen,

more than twenty leguas, and the sun not being visible in all that

broad expanse. Stations were established at suitable distances for

easily rendering aid, well garrisoned with soldiers; and watch-towers

were erected a legua apart, to keep a lookout over the sea-coasts. A

public proclamation forbade any person to pass the bounds assigned,

four leguas distant from the seashore. With these precautions, if

Kue-sing's ships landed there, a great number of soldiers were quickly

assembled to dispute his entrance into the country--thus keeping

within bounds Kue-sing, who now did not encounter sleeping men."

[58] Referring to the bay whereon was situated the chief settlement

and fort of the Dutch in Formosa, that of Tai-wan, in the southwestern

part of the island.

[59] Apparently referring to the usual despatch of several copies of

a letter, to ensure its safe receipt. The form of this summary would

indicate that it is made by Ventura del Arco; and it is followed by

a tracing of Salcedo's autograph.

[60] Either this date or the date 1665 (see post, p. 266) is doubtless

a transcriber's error.

[61] I Corinthians, vii, 20.

[62] Alcalde de monterilla: An ironical and descriptive qualification

of petty judges (Dominguez's Diccionario).

[63] As appears from a note by Mas, the alcaldes paid a certain sum

for the privilege of trading. Their salaries in 1840 were variously

for the sums of 300, 600, and 1,000 (one instance) pesos. The trading

privilege cost from 40 to 300 pesos.

[64] This is the famous philosophical treatise on political science,

which was published by Charles de Secondat, baron de la Brède de

Montesquieu, in 1748, and was the product of twenty years' work.

[65] Jeremy Bentham, the English jurist and philosopher who

lived in the years 1748-1832.

[66] Probably referring to La scienza della legislazione of Gaetano

Filangieri, the Italian jurist, who lived 1752-88. He was influenced

somewhat by Montesquieu.

[67] i.e., Of the Leyes de Indias.

The Philippine Islands, 1493-1898, Volume 36, 1649-1666 Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century. · 第 5 / 5 章

If the regular superior should decide that he ought in conscience