wish to hire themselves out, in order to avoid the concourse of Indians [at Manila]. In case that the repartimiento cannot be entirely avoided, as will be provided, and if the Chinese and Japanese are either unwilling or unable to satisfy the actual need of those public works, the governor and captain-general shall take measures with the Indians so that they may aid in the works freely and voluntarily, making use of the means that seem advisable to him to effect it. But, granted that there be a lack of voluntary workers, we permit that some Indians be forced to work in these occupations, under the following conditions, but in no other manner.
That this repartimiento shall be made only for necessary and unavoidable affairs; for in so odious a matter, the greater benefit to our royal treasury, or the greater convenience of the community, cannot suffice; and all that which is not necessary for their preservation, weighs less than the liberty of the Indians.
That the Indians in the repartimiento shall be lessened in number as the voluntary workers shall be introduced, whether the latter be Indians or those of other nations.
That they shall not be taken from distant districts, and from climates notably different from that of their own villages. The choice of all shall proceed without any partiality, and so that both the hardship of distances, the burden of the occupations, and compensation for the other circumstances in which there will be more or less grievance, shall be shared and distributed equally, so that all may share the greater and less toilsome services, so that the benefit and alleviation shown to some may not be changed into injury toward others.
That the governor assign the number of hours that they shall work each day, taking into consideration the lack of strength and weak physical constitutions.
That they be given in full the wages that they earn for their work. And they shall be paid personally each day, or at the end of the week, as they may choose.
That the repartimientos be made at a time that does not embarrass or hinder the sowing and harvesting of land products, or the other occasions and periods upon which the Indians have to attend to the profit and management of their property; for our intention is that they be not deprived of it, and that they may be able to attend to everything. Therefore, we order the governor that, at the beginning of the year, he shall take note of the building and other matters of our service in which the Indians have to be employed; for if the time is chosen, it may be arranged in such a way that the Indians may receive no considerable injury to their property or persons.
That, granting the poor arrangement and plan of the caracoas, and that when remanded to them many Indians generally perish, because of sailing without a deck, and exposed to the inclemencies of storms, we order that these craft be improved and built in such a manner that the Indians may manage the oars without risk of health and life.
In all the above, and in all that may touch their preservation and increase, we order the governor to proceed with the care and vigilance that we expect, and that he punish signally and rigorously the ill-treatment received by the Indians from their caciques or from the Spaniards—especially should the latter be our officials, upon whom the penalties must be more rigorously executed. We request and charge both the secular prelates and the provincials of the orders to exercise the same attention in the punishment of offenses of this nature, committed by the ministers of instruction and other ecclesiastical persons. And we order that any omission of the governors, justices, and officials entrusted, in whole or in part, with the observance and fulfilment of this law be made a matter of their residencia.
[Law passed in the reign of Felipe III, and dated Aranjuez, May 26, 1609.]
Documents of 1610
• Petition of the Recollects. Dionisio de la Anunciacion, and others; June 30.
• Dominicans request suppression of the Audiencia. Baltasar Fort, O.P., and others; June 30.
• Relation of 1609–10. Gregorío Lopez, S.J.; July 1.
• Letter to Felipe III. Juan de Silva; September 5.
• Letter to Silva. Felipe III; December 7.
Sources: All these documents save one are obtained from the original MSS. in the Archivo general de Indias, Sevilla. The third is found in the Ventura del Arco MSS. (Ayer library), i, pp. 273–340.
Translations: The first three documents are translated by James A. Robertson; the fourth and fifth, by Robert W. Haight.
Petition of the Recollects
Sacred Royal Catholic Majesty:
In conformity with certain requirements of the visitor of the Augustinian order in these islands, we, the Recollect religious of the same order, have all rendered obedience to the father in their rule of life in this country. We are obeying very exactly the orders that you, Sire, have given, although we have received signal annoyance thereby, as we think they will prove in every way a great hindrance to our mode of life and its tranquillity. Especially do we believe—and it is beyond doubt true—that if we are forced to continue the same obedience, it will mean not only a cessation of the forward movement of this special work, but the extinction of us all therein; for we have in no way been guilty of any fault whereby we have merited such a penalty, as this action, under this form, must be considered. This will be shown by the evidence, for some of us religious, who came to these so remote regions from that country [Spain] by order of your Highness, have died; and although others have taken the habit, this is not a country where the orders can be preserved by that method alone, without the reenforcement of those who can come from those kingdoms to help in this work. If we are kept subject to the rule, we shall lose this refuge, and we are on the direct road to ruin without attaining that fruit through special desire of which we felt ourselves forced to leave our native land and the association of our brother religious in our so prompt response to the order of your Highness. Since our mode of living has been, and is, regulated by the care that we owe to our obligations, and is an example and to the edification of the town—and this it public and well-known—to say nothing of our established rules and rigor; since this city and kingdom hold us in pious and especial affection; and since, in the service of your Highness we are laboring for the conversion and administration of a mission-field in a toilsome post, and one without any temporal consolation, and through not having the proper number of religious for another mission (namely, three) we left the latter, as well as many others to which attention should be given, and which have been offered to us and are offered daily, but which we have not accepted for the above reasons: we believe that we can supplicate your Highness with proper confidence—as we do supplicate you—in the submissive spirit of faithful vassals and the humility of poor religious, to be pleased to favor this so pious cause, and one so to the service of our Lord. We ask, Sire, that you will cause some Recollect religious to be sent from those kingdoms, so that with an increased number we may also increase in courage; for all must result in an increase of the service of the two majesties. We do not intend by this, in fundamentals to withdraw ourselves from the obedience that we have been ordered to give to the rule, but only to preserve our established laws, and to attend with greater leisure and assiduity to our obligations. The clemency of your Highness will be very necessary to encourage this work, as has been done hitherto in everything offered us. Hence we again supplicate it with the urgency demanded by the importance of the matter.
When we came to these regions, your Highness was pleased to grant us the alms of wine and oil for the space of six years, as you did to the other orders. Inasmuch as—although, in accordance with your orders, the alms have been granted us hitherto—the limit assigned by your Highness will soon expire, we humbly beseech your Highness to be pleased to have the said alms provided, as to
