Volume 48 — USURPATION OF INDIAN LANDS BY FRIARS

From the aforesaid investigations charges resulted against Don Juan Monroy, court clerk of that Audiencia, who was engaged in the survey and adjustment of boundaries made in those same lands of Biñan in the year 1743—in which, by the declaration of the two surveyors who took part in it, is evident their ignorance of such work, and of the rules and measures [to be used]. Although [sc., after?] the lands had been measured and a chart of the estates had been drawn, the computations were made by the said Monroy, and the surveyors signed it, supposing that it was correct; but it was acknowledged that in that same year, later, another survey and adjustment of boundaries was made by the aforesaid court clerk and one of the said surveyors on some lands over which there were lawsuits—some, in particular, with the religious of St. Augustine—in which survey there was assigned to each cattle-farm 3,024,574 square brazas of land, this being different from the previous survey, which was computed at 8,695,652 brazas. In this was proved the fraud with which the said Monroy acted, in giving to the said religious more than half of the land which belonged to Silang. Accordingly, it has appeared to me proper to condemn him to two years’ suspension from his office, and to lay upon him a fine of two thousand pesos, applied to the fund of fines paid into the royal treasury; and for this exaction there is issued, on this same date, the proper despatch to the Marqués de Regalía, a minister of the said my Council and tribunal of the Indias, and exclusive judge of rents, settlement of land-titles, and collection of fines and condemnations. By another despatch of the same date, the government of those islands is commanded to exercise hereafter the utmost vigilance in order that the Indians of the said villages may not be molested by the religious, and that the latter shall be kept in check in the unjust acts which they may in future attempt against not only those Indians but other natives of those islands. In this, the government must always bear in mind the reiterated commands given in the laws [of the empire], and the frequent royal decrees that have been issued, to the end that the Indians shall be well treated and shall not suffer oppression or extortion; and shall direct that my fiscal there shall appear as their representative and in their defense on every occasion which shall present itself in this regard. Considering how important it is that the Indians shall know of the recourse which they can have when they are oppressed or ill-treated, and in their controversies, it would be very expedient that the government give them information of this, so that they may not be ignorant thereof, and that they may use these [peaceable] means without going to the extreme, as they did on this occasion, by employing armed force. For this time, my royal charity and clemency overlooks their proceedings, considering their heedless disposition; but when they shall have been advised of what they ought to do in such cases, and in others of a different nature, if they fail to use those means they shall be chastised with the utmost severity. I have resolved to notify you of this, in order that you may be acquainted with this my royal decision, and in order that, so far as you are concerned, you may make known my decree; and I command the most prompt and effective measures, to the end that it may be fully and duly carried into effect; for such is my will. Dated at San Lorenzo, on November 7, 1751.

I the King

By command of the king our sovereign:

Doctor Josef Ignacio de Goyenechea

[Farther down on this decree were three rubricas of the lords of the royal and supreme Council of the Indias.]

Obando Licentiate Arzadun Calderon Enriquez

Before me:

Manuel de Antiquia, notary and secretary.

[This is a copy.]