Volume II, 1521-1569 (continued 5)

Miguel Lopez de Leguazpi.

(Notification: In the galley "San Francisco" of the fleet of the very illustrious Goncalo Pereira, captain-general, anchored in the harbor of this island of Cebu, on the twentieth day of the month of October of the said year, I, Fernando Riquel, chief clerk, and in the government employ, did read this response and that contained therein to the said captain-general in person, in presence of the factor and inspector Andres de Mirandaola, who holds power of attorney from the very illustrious Miguel Lopez de Legaspi, governor and captain-general for his majesty and on his behalf. And his grace, the said captain-general, having heard the foregoing, which I read to him de verbo ad verbum, said that, not replying to what did not demand reply in the said response—which had been written by one more blinded by passion than in the free use of his senses, or than by one of the descent which he claimed—but confining himself only to the most essential points concerning the service of God and of the kings, he does deny everything which his grace says in his said rejoinder, evidences for which denial he will show in their propor time by documents worthy of credence before the sovereigns. He also states that he refuses even more emphatically to show him the instructions which he carries; for since he has been in this port (now some twenty days), his grace told him continually that he would show him his instructions, yet upon his sending Don Duarte de Meneses for this purpose, his grace would not show him the same; and likewise, when he came with the said Don Duarte upon this galley "San Francisco," his grace refused to show his instructions to him. Moreover, when he went ashore to see his grace, and talked with him, the latter would not show the same; and on two occasions when he sent hither the said factor, Andres de Mirandaola, with a response, he did not order him, either in person or by another, to show the same, although he continually affirmed that he would show them. On account of these things, and of his breaking in all respects the said principal contract; and, because it appears that he was not in need, during the three years and some months of his stay here; and because of the deceptions which his grace practiced upon him, using many fine words, but very different deeds as the coast defenses and forts proved—although he [the Portuguese captain-general] did not adopt such method in his treatment of him, when he allowed many ships bearing provisions and men to enter the harbor, although he could have detained the same—through all these things, his real intention is laid bare. For, as one intending to make war takes advantage of all occasions to that end, so has his grace done and still is doing. As for the other matters, he is referred to the protest sent to him today by Pero Bernaldez, notary-public of the Portuguese fleet. And this he gave as his response before the witnesses, Captain Alvaro de Mendonza, Admiral Don Duarte de Meneses, Simon de Mendonça, and the factor Afonso Alvarez Furtado, who together with me; the said Fernando Riquel, signed the same with their names. Andres de Mirandaola, Alvaro de Mendonca, Don Duarte de Meneses, Simaõ de Mendonça, Alfonso Alvarez Furtado.

I testify thereto, Fernando Riquel.)

(This duplicate has been compared most carefully with the original by me, Pero Bernaldez, notary-public of this fleet for the king, our lord, without there being found any interlineation or erasure which would cause doubt—save that there is an erasure where it read navios ["ships"], which was done in the interests of truth. And the said Fernão Riquel, chief clerk, was present at the comparison, and signed here with me, together with Baltesar de Freitas notary of the fleet, who placed here his approval. This day, the twenty-ninth of December, one thousand five hundred and sixty-eight.

I have compared this duplicate,

Pero Bernaldez.)

(This duplicate was compared before me, Baltesar de Freitas, notary of this fleet, on the said day and year above specified.

Baltesar de Freitas.)

(On the said day, month, and year, I was present at the collation and comparison of this duplicate.

Fernando Riquel.)

Third summons: Concerning the summons and protest that I, Gonzalo Pereira, captain-general of this fleet, make to the very illustrious Miguel Lopez de Leguaspi, general of the fleet and people of Nova Espanha. You, Pero Bernaldez, notary-public of this fleet, are directed to present and read to him the same; and, with his reply (or without it, if he refuse to give one), to put into my hands the instruments necessary to me to prove the truth of what follows. I affirm that on arriving at this port of Cebu, and exchanging such courtesies with his grace as were befitting to the requirements of my position and rank, besides offering both by letters and requests on behalf of the king our lord, everything needful to him and to his army, and to his royal majesty, the King Don Felipe—in order, also, to serve in this matter the king our lord—his grace did not so much as consent to accept from me anything whatsoever; but descended to subterfuge, and, as answer to my rejoinder, ordered his artillery to take position in front of the fleet, to impede my passage—in spite of his being on the land and sea of the king our sovereign. In every respect, therefore, he gives evidence of not adhering to the compacts and treaties made between his imperial majesty Don Carlos, King of Castella, and King Don Joaõ, our lord (may they rest in glory), which documents I had sent and presented to him in order to obviate all doubts and disputes that might arise. He has certainly incurred, in return, the displeasure of God and the sovereigns. Secondly, I send him again the letter of the emperor Don Carlos to Ruilopez de Vilhalobos, and those of his company, that he may see more clearly its truth and purport; and I summon his grace particularly—once and as many times as I am empowered thereunto—and, in general, all his captains, ensigns, sergeants corporals, and pilots, and all the other officials of war, retinue, and justice, on both land and sea, soldiers and sailors alike—in conformity to the said compact, to assemble immediately on this fleet of the king our lord, and to depart therein in order to present themselves before the viceroy of India. From the said viceroy, in the name of the king our lord, in my own, and in that of the captains of this fleet and of the fortresses of India, I give to each individually, and, to all in general, assurance that no harm or injury whatsoever shall be done them; that they shall be left free to go to their own kingdom or remain in India, as they prefer; and that they shall receive all possible good treatment, and be given all their property, and everything of which they may stand most in need. And if his grace refuse to do this, I summon him again and many times, and all the rest of his fleet and army, individually and collectively, to depart at once and leave the said fortress, and abandon this island and all others which, by the said treaty, are seen to belong to the commerce and conquest of the king our lord, and to leave everything here forever free and disembarrassed. And likewise I notify them not to do violence to, and to leave free, the Portuguese who are in his army, to whom, by this present, I give assurance, in the name of the king our lord, that they shall not be proceeded against as criminals, for thus embarking and being in the said fleet and camp, from the day when they passed the boundaries of Castella up to the present. And I summon them all individually and collectively, and I order them in the name of the king our lord, to come immediately to this the fleet of their true king and sovereign, on the above-mentioned assurance that they shall in all respects be protected. And if they do not consent thereto, and he, Miguel Lopez de Leguaspi—and his captains and officers, and all the persons above-named—shall not, in every respect, assent to that which I request and demand as above, I declare that he—together with all his above-mentioned captains and persons aforesaid, of whatsoever rank, nation, condition, or country they may be—will be held and considered and judged as disobedient by his royal majesty, King Don Felipe, their sovereign, and by the King of Portugal, our lord, and by their officers of justice. And in the same event I do, now and forever, in the name of the said kings, hold them as rebels, if they neither come hither nor depart within the three days first following the notification of this summons. I impose this time upon them as a limit, declaring that they shall not be allowed another day's respite; that they will be condemned to death, both natural and civil, either through war or in any other way whatever, according to the custom and laws of our kingdom; and that their possessions, ships, artillery, munitions of war, and everything else which they may have brought to this land or obtained therein, or received in trade or in any other way, shall be seized and distributed and given away to the extent which may seem to me conformable to the said compact. Nor shall they, the parties aforesaid, or any one acting for them, or any of their heirs, or any relation or descendant, in particular or in general, have in this matter any right—neither they, nor likewise the owners of the said property, fleet, or munitions, which shall thus be taken from them, even though absent, wherever they may be. Moreover, even though they be not guilty of the disobedience and disrespect aforesaid, nor have given any cause for this action, they shall not, subsequently nor at any time, have any right to proceed against me, or against any captain, officer, or member of this fleet who may be holding the same; nor shall any heir of the above-named persons, at any time whatsoever, be obliged to make restitution thereof, either legally or as a matter of conscience. Likewise, in conformity with the said compact, I declare to be null and void, and of no effect or force, all right which they may have, royal, personal, or based upon any other title or right which may be named, designated, or specified, or which his majesty King Don Felipe claims to have acquired, through the compact made between the very Catholic and Christian sovereigns, King Don Joan the Second of Portugal, and Don Fernando of Castella (may they rest in glory), regarding the division of the conquest and discovery of the world, conceded by the holy fathers, in the commerce and conquest of Maluco and all its lands and seas which shall be found, perceived, or discovered by ships in that whole region west of Nova Spanha, as determined by an imaginary line from north to south through the islands of Las Velas [Ladrones]; and those rights I declare null and void from the day on which the said Miguel Lopez de Leguazpi passed to the west of the said line with his fleet. And likewise I declare that, inasmuch as this fleet contains more soldiers than men of letters, all summons, declaration, and protestation befitting the right and justice of the king, our lord, and of his descendants and kingdoms, shall be held as made and truly and completely declared, demanded, summoned, alleged, and protested, without any lack or failure, whatsoever. And neither his royal majesty, nor any or all successors to the kingdom of Castella shall have the right to require or summon the Portuguese to deliver to them their lands and conquest of the said West; or demand any payment or satisfaction whatsoever for the losses, damages, deaths, or deprivations of property occurring to the disobedient camp and fleet, or to any others who, subsequently arriving, are subject to the foregoing. For others have already come to these parts who pretended to be filled with brotherly love and affection, but did not prove this by their actions—inasmuch as they did very great injury to the property of the king our lord, and of his vassals, without the king's receiving any compensation therefor from his illustrious highness. No doubt should be entertained regarding the interlineation where the word justica ["justice"] occurs. This day, the twenty-first day of the month of October, in the year one thousand five hundred and sixty-eight.

Gonzalo Pereira.

(Notification: On the twenty-first day of the month of October of the year one thousand five hundred and sixty-eight, at the present place of habitation of the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Espanha, I, Pero Bernaldez, notary-public, in his presence and that of his captains and many other persons of his camp, read, de verbo ad verbum, the foregoing summons, together with the letter of the emperor Don Carlos (may he rest in glory). In reply, he said that he heard the same and would respond as was befitting. Witnesses thereto: Martin de Goete, master-of-camp; Andres de Ybarra, captain; Guido de Lavezaris, treasurer of his majesty; Luis de a Haya, captain—all of whom affixed their signatures together with me. Martin de Goiti, Luis de la Haya, Guido de Lavezaris, Andres de Ybarra.

Pero Bernaldez.)

(Response: This is a duplicate of a response which the very illustrious Miguel Lopez de Leguaspi sent to Goncallo Pereira, captain-general in these parts of the south for the king our lord. This response, I, Pero Bernaldez, notary-public of this fleet copied from the original at the request of the said Miguel Lopez de Leguazpi.)

I, Miguel Lopez de Leguazpi, governor and captain-general for his majesty King Don Felipe, our lord, of his people and the royal fleet for the discovery of the islands of the West, declare in response to the third summons of the very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, served on me by Pero Bernaldez, notary-public thereof, that I am ready and prepared to do and fulfil everything specified and offered by me in the answers which I have previously given to the summons which he has sent me. Basing my reply once more upon them, I repeat that on my part there will be no failure to respect and carry out the treaty made by the kings our lords, and to maintain the peace, friendship, and alliance which have existed and still exist between them, and which is incumbent upon us owing to the close relationship of the two. As for the conditions contained in the said summons aforesaid, which command me to go with all my people to his fleet, to depart therein for India, I declare that this is impossible for me, as it would be a direct violation of the instructions which I have received from his majesty; nor could I give over my people and my fleet to any person whomsoever, without his majesty's express permission and command. Moreover, it would be a violation of the compact and treaty existing between the kings our lords. And, in the event of my not doing this, he says that within three days from now I must leave this island and these lands. This I myself desire, and would be glad to do so, if it were possible. And I promise to do the same immediately, if his grace will furnish me means therefor. But it is neither right nor reasonable to oblige me to perform the impossible. And I declare, therefore, and promise that when I shall have ships I will depart, and leave the land free to whomsoever it may belong, without allowing my stay therein to result in harm to any one; and if it shall so result, then I stand ready to pay and to give payment and satisfaction therefor, to a sufficient and adequate amount, and to do everything in my power to the end that the treaty between the kings our sovereigns shall not be transgressed, or any injury be done or ensue to any of the parties hereto. And regarding what he says in his summons concerning the new fort, I admit that it is true that some fortifications were begun—a thing most usual and customary wherever there is a garrison of Spanish soldiers—for protection from any one who might undertake to do me injury or violence. But it was not done to injure his fleet, or anything else belonging to him, which did not previously do me injury. This is especially evident in view of the fact that although yesterday I had begun the erection of the new fort, aforesaid, on receiving a letter from his grace in which he asked me to cease and not continue work upon the same, I immediately ordered that work to cease and to be suspended; and nothing more has been or will be done thereon, if his grace and his fleet are willing to keep peace and friendship with me, as is incumbent upon Christians and vassals of sovereigns so closely connected and related. This I do in order that no statement or calumny for breaking the said peace may be uttered against me. And, regarding what he says in the rejoinder to my second reply, namely, that I refused to show the instructions which I bear, his grace knows perfectly well that I have offered many times to show him the same, and that nothing was sent by him. And to do everything possible on my own part, and to make my cause a just one, I send to him enclosed herewith those clauses of my instructions bearing upon the present business, which were copied from the original, and signed and approved by the chief notary of this camp, in order that they might be produced as witness and proof, at anytime or place whatever; besides this, his grace will be allowed, if he so desire, to send some person here to see them collated with the original. Throughout these instructions is evident and deducible the Christian spirit, greatness, rectitude, and kindness of his majesty King Don Felipe, as well as the moderation which he orders to be maintained wherever we should fall in with Portuguese—which is very different in its nature from what is essayed and planned against me and the vassals of his majesty. It will be seen, moreover, how just is his majesty's cause, and, in his royal name, our own. Therefore, in the name of God omnipotent, our Lord and of his majesty, I beg and summon his grace once, twice, thrice, and as many more times as I am bound by law—not to consent to or permit any wrong or injury to be done, directly or indirectly, by evasions, or in any other manner whatsoever, in order that Christian blood may not be shed without cause or occasion, to the great displeasure of God and of the princes our sovereigns. For my intention was not to do any harm to any one; but rather I offer to pay all and any damage which may result from my stay here; and I declare that, if he do the contrary, then all the deaths, damages, losses, and interests shall fall upon his head and responsibility, and that he shall be obliged to pay and make satisfaction for the same. Moreover, I protest, as much as the rights of his majesty and our own make it incumbent upon me, to demand, allege, and protest, and, although it be not declared or specified here, I do allege, demand, and protest therein, as many times as the law and my duty require. And I do not admit the protestations and condemnations which are contained in his summons and protest; and I request that this response shall likewise be read, shown, and made known to all the captains of his fleet, together with the clauses of my instructions, in order that they may see our justification; and, having seen it, comport themselves as Christians—so that God our Lord, and our princes, may be better served, without shedding Christian blood; and that the other injuries and difficulties which, in the opposite event might ensue, may be avoided. And I require and summon you, Fernando Riquel, notary-in-chief of this camp, to read and make known this response and protest, and the clauses mentioned therein, to the said captain-general, and the other captains of his fleet; and, with his response, or without the same, to give me the testimonies and copies necessary to me in his majesty's interest, and to my own in his royal name. Given in Cubu, on the twentieth day of October of the year one thousand five hundred and sixty-eight.

Miguel Lopez de Legazpi.

(Notification: The foregoing answer and clauses, I, Fernando Riquel, notary-in-chief in the government employ, read and made known to the said very illustrious Gonzalo Pereira, captain-general of the Portuguese fleet, in his own person, as well as to the other captains of his fleet, de verbo ad verbum, in such a way that it was understood—those captains being Alvaro de Mendonca, Don Duarte de Meneses, Simon de Mendoca, Lorenco Furtado de Mendoca, and Mendo Ruellas de Vasconcelos—on the twentieth day of the month of October of the year one thousand five hundred and sixty-eight. And let it be understood, that although I reckon today as the twentieth of October, the summons to which this is the response, was made upon the twenty-first everything having been done upon the same day. The cause for this is the difference between the Portuguese and the Castilians, the former reckoning one day ahead, and so it is in all the rejoinders and summons. I delivered this notification and summons to the said parties on the galley "San Francisco," this day, the twentieth of October, in the presence of the foregoing persons, and of Alonso Alvarez Furtado, factor of his highness—all of whom signed their names here, together with me; likewise Christoval Ponce, notary of his majesty's camp. Simaon de Mendonca, Alvoro de Mertdonca, Lourenco Furtado de Mendonça, Don Duarte de Meneses, Alfonso Alvarez Furtado, Mendornellas de Vasconcellos, Christoval Ponse de Leon.

I testify thereto, Fernando Riquel.)

(This copy was closely and faithfully compared with the original by me, Pero Bernaldez, notary-public of this fleet, without there being found any interlineation or erasure of a kind which would cause doubt—although there is an interlineation—dha [dicha, "said"] which was truthfully inserted. The said Fernao Riquel, notary-in-chief, was present at the comparison, and signed his name together with Baltesar de Freitas, notary of the fleet, who placed here his approval. This day, the twenty-ninth of December of the year one thousand five hundred and sixty-eight.

Pero Bernaldez.)

(This copy was compared before me, Baltesar de Freitas, notary of the fleet, on the said day and year above specified.

Baltesar de Freitas.)

(On the day, month, and year aforesaid, I was present at the collation and comparison of this copy.

Fernando Riquel.)

(This is the copy of certain clauses of [the instructions given by] the royal Audiencia of Mexico, which the very illustrious Miguel Lopez de Leguaspi sent to Goncalo Pereira, captain-general in the regions of the south for the king our sovereign—which document was copied at the request of the said Miguel Lopez de Leguaspi.

I, Fernando Riquel, notary-in-chief of the royal fleet for the discovery and administration of the islands of the West, for his majesty, King Don Felipe, our sovereign, testify and affirm to all persons, who may see the present: that in a set of instructions and regulations, signed by Don Luis de Velasco, former viceroy of Nueva España; the licentiate Valderrama, visiador-general and member of the council of his majesty; Doctor Ceynos, Doctor Villalobos, Doctor Horozco, Doctor Vasco de Puga, and Doctor Villanueva—all auditors of the said Royal Audiencia of Nueva España, resident in the City of Mexico—and countersigned by Antonio de Turcios, secretary of the Audiencia, is contained, among many other clauses, the following:)

"The course of conduct which you, Miguel Lopez de Leguaspi, appointed as governor and general on his majesty's behalf, for the discovery of the islands of the West, by the very illustrious viceroy Don Luis de Velasco, late governor and captain-general of this Nueva España, and president of the royal Audiencia resident therein, are to adhere to in the voyage and expedition which with the aid of God, our lord, you are about to undertake for the discovery aforesaid, with the ships which have been constructed for that purpose by his majesty's orders and are now at Puerto de la Navidad in this Nueva España, on the coast of the South Sea is as follows:"

[See ante, p. 89 ff., for synopsis of these instructions.]

[The clauses sent thus by Legazpi relate in general to the course to be pursued in the expedition in regard to the Portuguese and their possessions in the eastern seas—assuming, however, that the Philippines fell within Spain's demarcation, wherein Legazpi was ordered to effect a settlement. The document continues:]

(I took the above clauses from the said instructions and regulations. They were signed by the above-mentioned viceroy [Antonio de Mendoza], the visitador, and the auditors, as is sufficiently apparent; and to that document I refer, by order of the most illustrious governor Miguel Lopez de Leguaspi. The same are well and faithfully copied, and the comparison and collation thereof took place before Christoval Ponze, notary of this camp, and Juan de Gamboa. And they are well and faithfully copied. Given in the island of Cubu, on the twentieth day of October, in the year one thousand five hundred and sixty-eight. Therefore, I, the said Fernando Riquel, affix hereunto my signature and accustomed flourish, in attestation of truth. Fernando Riquel.)

(I, Fernando Riquel, notary-in-chief of the government, read and made known to the said most illustrious Goncalo Pereira, captain-general of the Portuguese fleet in his own person, and to the other captains of his fleet—to wit, Alvaro de Mendoca, Don Duarte de Meneses, Simon de Mendoça, Lorenco Furtado de Mendoça, Mendornellas de Vasconcellos—the above reply and clauses, word for word, so that he might have full understanding thereof, on the twentieth day of the month of October, in the year one thousand five hundred and sixty-eight. It is understood that, although I reckon today as the twentieth of October, the summons to which this is a reply was dated on the twenty-first, all which took place on one and the same day. The cause for this difference between the Portuguese and Castilians is that the Portuguese are one day ahead. [117] This is so in all their replies and summons. I delivered this notification and summons abovesaid in the galleon "San Francisco" on the twentieth day of October abovesaid, in the presence of those above-mentioned, and Alonso Alvarez Furtado, factor of his highness; and they all signed their names jointly with me and Christoval Ponze, notary of his majesty's camp. Simon de Mendoza, Don Duarte de Meneses, Alvoro de Mendoça, Lorenço Furtado de Mendoça, Mendornellas de Vasconcelos, Alonso Alvarez Furtado, Christoval Ponze. Fernando Riquel.)

(This copy was collated thoroughly with the original by me, Pero Bernaldez, notary-public of this fleet. It has no interlineations or erasure which would cause doubt. There occurs only the following interlineation, namely, entender ["to understand"], which was added to make it correct. The said Fernaõ Riquel was present at the collation, and signed here jointly with me and Baltesar de Freitas, notary of the fleet, who placed here his approval. Collated on the twenty-ninth day of December of the year one thousand, five hundred and sixty-eight.

Pero Bernaldez.)

(I certify that this copy was collated in my presence, Baltesar de Freitas, notary of this fleet, on the day as abovesaid. Baltesar de Freitas.)

(On the said day, month, and year abovesaid, I was present at the correction and collation of this copy.

Fernando Riquel.)

Fourth summons: Replying to this third answer of the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Espanha, I declare, as I have already said in my reply, that actions speak louder than words. Up to this point I have acted in a way pleasing both to God and to the kings our lords, being bound to serve both equally well, on account of the close and long enduring union which, always existing between the former sovereigns of Castella and Purtugual, does now likewise exist between these present rulers. And, understanding from the instructions which his highness [of Portugal] gives to his captains for such cases, that he orders them to serve the interests of his royal majesty, King Don Felipe, in every possible way not at variance with his own interests, I have in all respects thus carried out his commands and all the stipulations of the treaty; while his grace has violated the same in so many ways, principally in making traffic, on behalf of Nova Espanha, of gold and drugs from this region within our demarcation—a thing forbidden in specific terms in the treaty. This does not harmonize with what his grace says about stress of weather and the lack and necessity of ships—for one who has been engaged in traffic knows the remedy for such cases, and his grace did traffic in our gold and drugs, and sent for reënforcements, by the fleet—a thing which, likewise, does not harmonize with his affirmations. For, the fewer people the ships contained on coming from Nova Espanha, the better could his grace lodge himself therein with all his camp, there being none in the whole voyage to obstruct his way provided they had sufficient crews. But God exists, and heaven cannot be covered with a sieve; nor are there diseases of the eye so serious as to be able to hinder the perception of a thing so evident. His grace is condemned by his own captains for his transgressions against the treaty, while he himself admits that his instructions forbid him to enter our demarcation. And although, in view of the above, I was released from obligation to do him any favor, yet I have been begging him for a considerable time to make use both of me and of this fleet, since he himself possesses none, and to depart therein upon his way. Nor is it reasonable that his grace should depart alone in any of these ships; and he must be out of his senses, after staying here four years, to undertake to wait four more in this land of the king, our lord—for that is the least time in which ships can be constructed in Nova Espanha for him to depart in; and this season there could reach him only the patache "San Joan," and some ship or other from Peru, a very small conveyance for so large a camp. Wherefore I beg him as a favor, and summon him, once and many times, to depart in this fleet belonging to the king, our lord,—or, better, to his majesty—together with all the people of his highness, inasmuch as this tends to the latter's service; for this is the easiest and best remedy, to depart from our conquest, and observe, at least, in part, the treaty. Likewise, I again request him to come with all his camp to this fleet, that we may both continue together the work of propagating our holy Catholic faith, and destroying the sect of Mafamede [Mahomet] in Maluco, Java, and Acheen; for as this work is so pleasing to God, it should be likewise so to so Christian a sovereign as is his majesty. And—in payment for the many times when the kings of Purtugual went to Castella to render aid to her sovereigns against the Moors who were warring against them—it would be better for us to join our forces, and change our hostility to friendship, as the battle of Selado, and the raising of the great siege of Sevilha, and many other battles in which the Portuguese added luster to their name in the service of the said kings, demand—and, in our own times, those fleets of ours which participated in the capture of Tunes, in the island of Dargel, or again in the taking of Pinhao, [118] and in many other public and private undertakings in which, with both money and arms, we greatly aided the kings of Castella. In spite of all this, his grace will not grant me a thing so reasonable and pleasing, both to God and to the kings our lords, and to the advantage of their army; but, on the contrary, so obstinately refuses to accept the offer of this fleet, and will not depart from our land, but steadily continues building fortifications and throwing up new breastworks, from which he attacked the fleet of the king our lord in this his port, and fired several shots at us from the fortress, as if we were Moors and pagans. And yet I did not allow him to be bombarded, in reply, from this galley "San Francisco," although I had cannon with which I could have caused him much anxiety; but rather retired, in accordance with my constant desire, past and present, for peace—as is seen in my reluctance to make war upon him or to be the cause of shedding Christian blood. Thus I have acted very differently from his grace, who had ambuscades laid at the fords, whither I sent my boat, peaceably, without any soldiers aboard, in order to show in all respects my great desire to avoid war. As for his grace's saying that I opened fire on his fort, it was only after I had sent him word beforehand not to make this necessary; so that the desire which has since been made evident by him was shown therein also. And a few bombardments from the boats, moreover, were not sufficient either to deter his people on land from continuing their work upon our land and sea or his grace from breaking out in open war against me with great ardor and desire; while I, on the contrary, had very little desire to injure him, but allowed many vessels, people, and provisions to go into the fortress, wherewith he could fortify himself against this peaceful fleet of the king our lord. And with regard to the clauses of his instructions which his grace had shown to me in his defense, I would say that this was of service to me; for although, it is true, one of them says that he shall go among the Filipinas islands, yet, immediately thereafter follows a contrary clause to the effect that he shall in no way transgress the treaty and agreement between Castella and Purtugual, which has the more force to prevent him from going to the Filipinas, in virtue of the more effectual words contained in the solemn covenant of the treaty aforesaid. Moreover, in regard to his grace's saying that the desire entertained by his majesty was not to enter our demarcation, and that he thought the Filipinas were in his, I would say that in all kingdoms, when it happens that doubt arises in the instructions, letters, provisions, or charters of the sovereigns, it is the custom to be guided thereby according to the intention of those who gave them. Another clause declares that, if he find us in his demarcation, he shall not do us any violence; but his grace came even to our own territory and did this, acting in flagrant disobedience to what his instructions allowed him, by undertaking illegally and wrongfully thus to dispossess us of our land and sea. And again I beg and summon him, once and many times, on the part of God, and of the kings our lords, not to do us violence, but to depart in this fleet, in the doing of which he will be doing great service to God and to the sovereigns aforesaid. And if he do not this, I declare by all the declarations of the protest sent to him through Pero Bernaldez, notary-public of this fleet, on the twenty-first of October, in the year one thousand five hundred and sixty-eight, that all the losses, deaths, dispossessions of property, and damages consequent shall fall upon his grace, while I shall remain free and absolved therefrom. I request and summon you, Fernaõ Riquel, notary-in-chief of that camp, to read and make known this response to the said Miguel Lopez, and with his reply—or without it, if he refuse to give it—to deliver to me the certain instrument or instruments which shall be necessary to me; likewise that you send me such instruments, so arranged as to be authoritative, containing all the summons, protests, duplicates, replies, rejoinders, and letters which have been exchanged and written in this affair hitherto. In this galley "San Francisco," on the twentieth day of October, in the year one thousand five hundred and sixty-eight. There is no doubt or wrong erasure herein.

Guoncallo Pereira.

(Notification: In the island and port of Cubu, in the Filipinas, on the twenty-seventh day of the month of October of the year one thousand five hundred and sixty-eight, before the very illustrious Miguel Lopez de Legaspi, governor and captain-general for his majesty of the war and of the fleet for the discovery of the islands of the West, and in the presence of me, Fernando Riquel, chief notary of the same, there appeared Roque Bras, a servant, claiming to be in the service of the very illustrious Goncalo Pereira, captain-general of the Portuguese fleet anchored in this port; and, in his name, presented this document as contained above. And he asked me, the said Fernando Riquel, to read the same, and the said governor ordered me to read it; wherefore, to carry out his commands, I did read it, de verbo ad verbum, as well and exactly as I could, considering that it was written in Portuguese. The said governor, on hearing the same, said that he had heard it and would respond thereto—witnesses to all the abovesaid being the master-of-camp Martin de Goiti, Captain Diego de Artieda, Captain Luis de la Haya, and Captain Juan de Salzedo, all of whom signed the same jointly with me. Martin de Goiti, Diego de Artieda. Luis de la Haya, Juan de Salzedo.

Fernando Riquel.)

(Response: This is the copy of a response which the very illustrious Miguel Lopez de Leguaspi sent to Guoncallo Pereira, captain-general in these regions of the south for the king our lord. I, Pero Bernaldez, notary-public of the said fleet, copied the same from the original at the request of the said Miguel Lopez de Leguaspi.)

I, Miguel Lopez de Leguaspi, governor and captain-general for his majesty King Don Felipe, our lord, of his people and royal fleet for the discovery of the islands of the West: in response to the summons of the very illustrious Gonzalo Pereira, captain-in-chief of the Portuguese fleet, served on me the twenty-seventh day of this present month of October I declare that it is true, as contained in his summons, that "actions speak louder than words," as also do offers without actions—which in his case we have seen to be very different. For it is manifest and known to all that his actions have been, and are, very different from good words; since on the twentieth day of this month, without any cause or legitimate reason, or without the removal of the assurances given by one to the other, or without making or giving any warning or information, his grace ordered his galleys and small vessels to make an attack on certain fortifications and defenses of ours. And they attacked and fired many cannon and arquebuse-shots at the people on the shore and bank near the fort aforesaid, without any artillery being fired at them in return from this camp, which could do them harm, until the outcome of the affair was seen. On the contrary, astonished at the treatment afforded us when we had not given any occasion whatsoever for the same, I wrote to his grace that very day. He, without any reply to what I had written, sent, the next morning, two galleots and a pinnace to take up a position in the other entrance of this harbor (where they now are), in order to prevent us from receiving any supplies or provisions. He has blockaded us upon all sides; and, what is most intolerable of all, the galleys and pinnaces aforesaid have sacked, fired, and burned all the neighboring villages, and killed the natives and inhabitants, without exempting even women and children, in the towns of Gavi, Cotcot, Diluan, Denao, and Mandavi—for the sole reason, and no other, as I understand, that they had been at peace with us, and had supplied and sold us provisions for our money. All this cannot be denied, inasmuch as we have seen it all with our own eyes. This may well be called deeds, and not words: and he has answered with a war of incredible cruelty. And in view of this, it is not surprising that we should have taken or that we do take some precautions, since he has made war so openly, and now tries to do us so open violence and injury. As far as the pleasing of God and of our rulers is concerned, it is of very little service, or none at all, to say that we should go to his fleet; for this cannot be done without violating his majesty's orders, to which I shall not expose myself. Moreover, all possible justifications have been offered on my side for not departing from this land and leaving it free; and, if necessary, I now offer them again. And it has no bearing on the subject to say that I have been here four years and desire to remain four years more; for my intention and desire has not been, nor is, to remain here even one year, but to depart as soon as I receive despatches and ships from his majesty—which, at latest, will be here with the next northeast wind. And as for his saying that only the patache "San Juan" and one ship can reach me, that is all nonsense; for his majesty, if he desire, can send one, six, ten, or twenty ships from Nueva España, for they have them in the South Sea there. And, what is more, I offer to depart with those that come, whether they be few or many, this being the easiest, shortest, and quickest remedy for what his grace says he wishes and desires—namely, that I should leave this land free and unembarrassed. And in this way he will receive full satisfaction very shortly, without loss, damage, or injury whatsoever to the one side or the other, unless his grace himself chooses to give occasion therefor. And, if he do this, he will do his duty, and what he is bound to do in the service of God and of our sovereigns, and will obviate the necessity of shedding Christian blood—as well as an infinite number of damages and annoyances which might otherwise ensue and come to pass now or in the future. And if, in the event of his grace's not being willing so to do, any further damage, loss, or scandal should ensue, then I declare that he shall be guilty of it all; and that he shall be considered to have acted criminally in all respects and be obliged to give an account of his deeds to God and to our sovereigns and rulers. And I ask and summon him—once, twice, thrice, and as many more times as I am required by law—not to permit violence to be done me, or any injury or warlike action such as he has undertaken, much to the displeasure of God and of our sovereigns and lords. And I protest, in all ways in which I have already protested, and all others in which, on his majesty's behalf, I am bound to request, declare, affirm, and allege—all of which, although not specified in detail, is fully expressed herein. And as for what he says about its being better to join his fleet in the work of propagating our holy Catholic faith, and destroying the sect of Mahomet in Maluco, Java, and Achen, in compensation for the many occasions on which the sovereigns of Portugal aided those of Castilla against the Moros—I say that if his highness or he, in his royal name, wage war against the pagans in these islands, and have need of other people's assistance, I am ready and prepared to give him soldiers to help, and to go with him to the places above-mentioned, in the service of the very illustrious and puissant King of Portugal, conformably to the instructions and orders which I have from his majesty, provided that his grace give them ships and supplies, and such other securities as may be reasonable from one party to another. Regarding what he says of the clauses of my instructions, the unequivocal, holy, and sincere intention of his majesty stands clearly forth therefrom, and should be received and admitted as such; and likewise the fact that I myself have fulfilled his royal orders, and have no intention of injuring any one or taking other people's property from them. For I offer and stand ready to depart, just as soon as possible, from everything which his grace declares to belong to his highness, without any further summons; and to pay for all the years of my stay here. This—being, as it is, the truth—is sufficient satisfaction for all that his grace has said or may say in the matter; for I desire to follow his instructions provided it be within my power, and depart from this land and leave it free and unembarrassed. And therefore I declare that I will do this, as I have said—refusing at the same time to admit his allegations, and basing myself upon those which I have made on my own part, which are true and certain. Given in this settlement and camp on the twenty-eighth day of October in the year one thousand five hundred and sixty-eight.

Miguel Lopez de Legaspi.

(Notification: In the galley "San Francisco" of the royal fleet of Portugal, on the twenty-eighth day of October in the year one thousand five hundred and sixty-eight, I, Christoval Ponze, notary, read and made known this response and summons of the very illustrious Miguel Lopez de Legaspi, governor and captain-general of the fleet for the discovery of the islands of the West, to the very illustrious Gonzalo Pereira, captain-general of the royal fleet of Portugal, in his own person, de verbo ad verbum, in such a way that he understood it. He responded that he heard and would make answer to the same, witnesses being Don Duarte de Meneses, admiral of the said fleet, Antonio Lopez de Sequeyra, Mendornellas de Vasconcellos, and the factor Alonso Alvarez Furtado, all of whom signed here their names. Don Duarte de Meneses, Antonio Lopez de Sequeyra, Mendornellas de Vasconcellos, Alfonso Alvarez Furtado.)

(This copy was carefully collated with the original by me, Pero Bernaldez, notary-public of this fleet, without there being found any interlineation or erasure which would cause doubt—although there is an erasure of the word no ["not"] which was made without deceitful purpose. At this comparison was present the said Fernaõ Riquel, who signed here with me, together with Baltesar de Freitas, notary of the fleet, who placed here his approval on this twenty-ninth day of December, in the year one thousand five hundred and sixty-eight.

Pero Bernaldez.)

(This copy was compared before me, Baltesar de Freitas, notary of this fleet, on the day aforesaid.

Baltesar de Freitas.)

(I was present at the correction and comparison of this copy on the month, day, and year aforesaid.

Fernando Riquel.)

Fifth summons: In response to the fourth reply which the very illustrious Miguel Lopez de Leguaspi, general of the fleet and people of Nova Spanha, sent and had conveyed to me on the twenty-ninth day of the month of October in the year one thousand five hundred and sixty-eight, by Christovão Ponze de Leon, notary of his camp, I say that I cannot help being amazed again and again at seeing how his Grace attempts to depreciate my actions and give luster to his own—those on the one side being so different from those on the other, and done in sight of his camp yonder and of this fleet stationed here. When there are, however, so many noblemen and gentlemen of such reputation for sincerity and truth, his Grace will not be able to deny that during the forty days of peace in this port, he did not see any sign of hostility in this our fleet of the king, our lord, or any indication thereof, inasmuch as ships were allowed to enter to him with men and provisions aboard—when by capturing them, as could have been done easily, I could have caused him much annoyance, if my intention had been to bring about such a consummation. His Grace, however, in great contrast to my own procedure, on the same days and during the same peace, had many breastworks and defenses constructed in his fortress, and corresponding defenses outside of the same with a great amount of artillery mounted on many baskets filled with earth. These were quite sufficient to defend himself against a great army, rather than a small band of Portuguese zealous in the service of God and of the kings our lords, and reluctant to shed Christian blood even in so just a cause. Nor will he deny that—not content with having so strong a fortress, with so many Spaniards to make defense against us in our own territory in case I should undertake to do him violence therein—he ordered, during the term of the peace, an artillery station to be established on the bank opposite where he took in water, in order to prevent me from obtaining any; and up to the present time he has refused to let me have any, although this is our own land. Moreover, he desired to cannonade the fleet at short range from the fortress aforesaid, as afterward more clearly appeared; for, on my immediately writing his Grace through Baltesar de Freitas, notary of the fleet, to do me the favor to order that this should not occur again, since it seemed more the act of an enemy than of a friend, he wrote me in return things irrelevant to the case, while the rest of his letter consisted only of vain words and compliments. I wrote to his Grace again the next day, sending my letter by Pero Bernaldez, notary-public of this fleet. In this letter I asked him again to do me the favor of ordering the work to be destroyed; otherwise, I should consider myself authorized to declare that war had broken out, and that the assurances between us would remain null and void—as his Grace will see in my letters, since his memory is so feeble as he says and declares, since he says and declares that without the assurances being canceled as yet on either side, and without giving any warning or intimation whatsoever, I ordered the boats and galleys to fire on his fortifications and basket defenses. But this I did, in reality, in firing on the black people of the land, who were acting against their true king and lord. Little blood was shed in this affair, as I have ascertained, but all this business his Grace owes to his failure to reply to or satisfy me—acting as if he wished open war with me, as was seen by the breast-work which he had constructed. And—after a few volleys had been fired from the said boats, galleys, and pinnaces, in reply to the many broadsides which they let fly at us from their fortress—here on the afternoon of that same day Fernan Riquel, notary-in-chief of that camp, came with a reply from his Grace, also a copy of certain clauses from his instructions, and a message to the effect that he would finally have the work stopped, if this fleet would stand off farther from shore. This I showed to the said Fernaõ Riquel, who suddenly became short-sighted, in order not to see it; nevertheless, I ordered the boats to retire, and to fire no more. And the next day I did not, on my part, consent that they should go on increasing the work further. In what, then, does his Grace find here, up to the present time, more good words and deeds than mine? Moreover I gave him much more peace. It should be added that after the boats had killed many Indians and a few Spaniards, they ceased from further shots that afternoon and the following day. It would then have been just and due to us that his Grace should have had the basket defenses destroyed—for that was the true road to peace and amity after so long a period of enjoyment of our land—rather than to allow a bombardment, as cruel as if against heretics, to take place and endure from eleven o'clock in the morning till sunset. These ships of the king our lord were pierced with balls in his own port, killing several persons, and so aimed as to kill many more, if I had not used caution and retired. This affair is certainly an ugly and terrible one, before God and men. I did not, however, consent that any broadside should be fired from this galley, the "San Francisco," although I had pieces of very large caliber therein, which could have done much damage to the fortress and defenses. And therefore, up to the present time, I have not shed, nor given occasion for the shedding of Christian blood as his Grace has done in batteries and ambuscades—although none whatever were made against him, inasmuch as I restrained myself when I could have done him much injury by fire and sword. The sovereigns yonder, however—who are so good Christians and have clear minds—will judge of the fair words and fair deeds of his Grace, and of my deceitful words and most evil deeds; for we cannot be good judges in our own behalf in such an offense committed against the king, our lord, and his vassals. Quickly turning to the work at hand, a little later on the same day of the cannonading, I ordered the galleys to take possession of the other mouth of this harbor; for, now that his Grace has broken out in war against me, it seemed to me better service to God, and to the kings our lords, and a Christian's obligation, to pursue hostilities by means of starvation rather than by fire and sword—for although I blockade you with it, I have ordered this fleet, and it stands ready, to bring you a great quantity of supplies, that you may not perish through lack thereof. And as for the damage which the oared vessels have done in the territory of the infidels, it does not appear to me so serious and unheard-of as his Grace depicts it; for it is juster in war that we should punish those vassals of the king our lord for unfaithfulness and opposition to their true leaders than that his Grace himself, although a stranger here, should, in time of peace, give them very different kind of punishment for slighter cause, in addition to making them pay tribute. As for his assertion that he will pay and satisfy the king our lord for all the losses and damage which he has done him in this land of his, it was unnecessary to write such a thing; for his Highness is not a merchant nor is he so avaricious as to take satisfaction in money or property from any other sovereign, particularly from his captains; and he will be satisfied, and I, in his name, only at his Grace's leaving the land free and unencumbered, and thus not bringing about the death of his vassals there in so many ways. As for his Grace's being willing to give me people and assistance for the augmentation of the faith and the service of the king our lord, certainly he may be sincere in this one matter; but the Moros of Maluco, Java, and Acheen are, through our sins, so numerous, that without his Grace in person, and all his company, it would be difficult to sweep them away. But with such aid I hope in God that much service will be done Him by us all; for on His account they ought to be resigned to take a voyage much longer than from India to Espanha, inasmuch as He suffered Himself to be crucified and shed His precious blood for our salvation. For the letters of instruction issued by Christian princes do not forbid their captains the propagation of the Catholic faith and the destruction of the sect of Mafamede, in any land of in any way whatsoever—especially when the rightful king, through his captains, requests this so necessary assistance from his Grace; and when there is so much intimacy and so close a relation between these kings our lords, as to justify asking that there be given him all the supplies and munitions necessary and sufficient to their needs, and even much more. But since his Grace is not willing, for the sake of God and the aforesaid sovereigns, to go so long a way toward carrying out their wishes, I protest in the terms already on my part protested. And I require you, Pero Bernaldez, notary-public of this fleet, to read and make known this response to the said Miguel Lopez; and to deliver into my hands an instrument drawn in public form, containing all the summons, protests, replies, duplicates, and letters, which may be needed for the outcome of this business. Given in this galley the "San Francisco" on the thirtieth day of October, in the year one thousand five hundred and sixty-eight.

Goncalo Pereira

(Notification and Reply: On the thirtieth day of the month of October in the year one thousand five hundred and sixty-eight, at the place now occupied by the very illustrious Miguel Lopez de Leguazpi, general of the fleet and forces of Nova Spanha, at the command of Goncallo Pereira, captain-general of the fleet of the South Sea, I, Pero Bernaldez, notary, read and made known to him de verbo ad verbum, this reply as above written. He responds as follows to the same: "that the captain-general should well remember that, in the first letter in which this summons is mentioned, he asked only for the cessation of the work of erecting the wicker defenses, which request was granted immediately and the work ceased, although baskets cannot constitute war, and are rather for defense than offense. And on the following day, by a second letter which his Grace wrote, he again reiterated and requested that the baskets should be taken down, and that he should receive either yes or no as an answer, with which he would consider himself to have received a final answer. With the same letter he sent me word by the factor Andrés de Mirandaola and Hernando Riquel, notary-in-chief of this camp, that if the baskets were not taken down by nightfall, he would consider war to have broken out between us. While I was engaged in framing an answer to this, and before the time-limit set by him had expired, he sent his galleys and small boats to attack the defenses and the people who were stationed on the shore. Then our soldiers, seeing that the Portuguese were attacking them and had begun hostilities, determined to complete their defenses, and fought with the Portuguese from about noon-time until sunset, without any cannon-shots being fired at the Portuguese from this camp. And on the morning of the following day, without any new action on our part, the said captain-general sent two galleys and a small boat to seize upon the other entrance to this harbor, and this order was executed. They have been and still are located there, toward the east; and they refuse to allow any person, or supplies, or anything else whatsoever, to come in or go out from this camp—a procedure for which I am at a loss to find the proper designation, unless it be war and the intention to starve us to death, which is not a usual action on the part of Christians. Consequently, he should not be astonished if this causes us to think that his actions do not correspond to his words, and to the offers made on his part; while, on the contrary, there is in truth all possible justification on our part, and we have offered assistance and favor, should they be necessary, against infidels, and in the interest of his Highness, the very illustrious and puissant King of Portugal. For I will carry out and fulfil that promise with the same willingness with which it is offered, in the consciousness of being therein of service to his Majesty. And it is but little relevant to say that, unless I go in person with all my camp, nothing can be effected; for either there or here, or any place whatsoever, I could be of little use, and would be but little missed; nor is it just, in view of the impossibility of my performing it without the express permission of his Majesty, to attempt to oblige and bind me to perform the same. And as for the rest, I confirm what I have already said, responded, requested, and protested against, in his Majesty's name, in previous replies and rejoinder; and if it be necessary, I again request, demand, and protest, as many times as I am by law obliged, and as may be befitting. As for the war, violence, and injuries which his Grace does, and tries to do me, I elect almighty God, who knows the whole truth and the hearts of men, as judge, and pray that He, out of the infinite pity and benignity of His heart, may aid and favor him who most truly and with least injury has tried and is trying to obtain peace from the opposite side, without Christian blood being shed, to His great displeasure and that of the kings our lords. Therefore I exculpate his Majesty, and myself in his royal name, as well as all those in his royal service at this camp, so that neither now nor at any subsequent time may blame or responsibility be charged upon or imputed to them." He signed the above with his name, and said that he gave it, and he did give it, as his answer. There were present, as witnesses, Captain Juan Maldonado de Berrocál; the ensign-general, Amador de Arriaran; the accountant, Andres Cauchela; the chief constable, Graviel de Ribera; and the notary-in-chief, Fernando Riquel—all of whom, together with me, the said Pero Bernaldez, signed the same. Miguel Lopez de Legazpi, Juan Maldonado de Berrocal, Andres Cauchela, Amador de Arriaran, Graviel de Ribera, Fernando Riquel.

Pero Bernaldez

Sixth summons: In response to this fifth answer from the very illustrious Miguel Lopez de Leguazpi, general of the fleet and people of Nova Spanha. I admit briefly that in my first letter to him, I requested him to discontinue the defenses, and in the second, to destroy them—which his Grace refused to do, although it was a thing so just and so important to the lords of the land, as well as to my own advantage, for him not to employ hostilities against me, or give me occasion to accept the same; for it was but a slight cost or humiliation for a man who has so great a desire for peace as his Grace constantly says he has, to destroy the defenses, in which more hostility than friendship is displayed. I, on the other hand, had more than sufficient reason and justification for sending the galleys to take possession of the other entrance to this harbor, inasmuch as our respective courses of action were very unlike during the peace, as has been stated in other responses. Moreover, his Grace will not, in spite of all, deny that the galleys had not yet left this position when his people began to bombard me; and that those vessels had taken a very different route from that of going to cut off supplies. And as for his Grace's excusing himself and the rest of the company from engaging in the service of God, of his Majesty, and of the king our lord, as I have requested, more cogent reasons exist than that his presence is not very important in a case of so great urgency. Concerning his reiterated plea that he cannot violate his royal Majesty Don Felipe's instructions, I declare to him that since he entered here in violation of the same, and against the will of the king our lord, the latter will be well served by his Grace's going still farther, in his willingness to employ himself in his Majesty's service. And in all the rest, I take my stand upon what has already been said, and protest by what has already been protested. I order you, Pero Bernaldez, notary-public of this fleet, to notify him thereof, and deliver into my hands such instrument or instruments as shall be necessary to me, drawn up in legal form. Made in this galley "San Francisco" on the first day of November in the year one thousand five hundred and sixty-eight. An erasure was made by me therein which shall not cause doubt, since it was made without intention to deceive.

Goncallo Pereira

(In the island and port of Cubu in the Filipinas, on the thirty-first 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.