Chapter I: Part 1

The Philippine Islands, 1493-1898

Explorations by early navigators, descriptions of the islands and
their peoples, their history and records of the catholic missions,
as related in contemporaneous books and manuscripts, showing the
political, economic, commercial and religious conditions of those
islands from their earliest relations with European nations to the
close of the nineteenth century,

Volume XVII, 1609-1616

Edited and annotated by Emma Helen Blair and James Alexander Robertson
with historical introduction and additional notes by Edward Gaylord
Bourne.

CONTENTS OF VOLUME XVII

Preface 9
Documents of 1609

Laws regarding navigation and commerce. Felipe II and
Felipe III; 1583-1609 27
Jesuit missions, 1608-09. (From _Annuae litterae;_ Dilingae,
1610.) 53
Decree regulating services of Filipinos. Felipe III;
Aranjuez, May 26 79

Documents of 1610

Petition of the Recollects. Dionisio de la Anunciacion,
and others; Manila, June 30 85
Dominicans request suppression of the Audiencia. Baltasar
Fort, O.P., and others; Manila, June 30 89
Relation of 1609-1610. Gregorio Lopez, S.J.,; Manila,
July 1 100
Letter to Felipe III. Juan de Silva; Cavite, September
5 144
Letter to Silva. Felipe III; Madrid, December 7 151

Documents of 1611

Foundation of the college of Santo Tomas of
Manila. Bernardo de Santa Catalina, O.P., and others;
Manila, April 28 155
Hospital at Nueva Caceres. Pedro Arce, O.S.A.; Manila,
July 20 172
Letters to Juan de Silva. Felipe III; Guadarrama and
Madrid, November-December 174
Letters to the Dominican provincial. Felipe III; Madrid,
December 31 183

Documents of 1612-1613

Status of missions in the Philippines. Gregorio
Lopez, S.J., and others; [Manila, _ca._ 1612] 189
Trade of the Philippines. Juan, marques
de Montesclaros; Los Reyes, April 12, 1612 213
Letter from the bishop of Nueva Segovia [Domingo
de Soria, O.P.]; Manila, August 15, 1613 233
Letter to Silva. Felipe III; Pardo, December 2,
1613 237

Documents of 1616

Recommendations regarding the archbishopric of
Manila. [Council of the Indias?]; Madrid, 1613-16 245
Letter to Felipe III. Valerio de Ledesma, S.J.; Manila,
August 20 249
Portuguese and Spanish expedition against the Dutch,
1615. Juan de Rivera and Valerio de Ledesma, S.J.;
[Manila, 1616?] 251

Bibliographical Data 281
Appendix: Chronological list of the governors of the Philippines,
1565-1899, and the administration of the islands at different
periods 283

Illustrations

Title-page of _Annuae litterae Societatis Iesv_ (Dilingae, M. DC. X);
photographic facsimile, from copy in Library of Congress 51
Title-page of _Documentos, datos, y relaciones para la historia
de Filipinas_--MS. collection of transcripts from documents in
Spanish archives, for the period 1586-1792, by Ventura del Arco
(Madrid, 1859-1865), possession of Edward E. Ayer, Chicago;
photographic facsimile 101
Autograph signature of Gregorio Lopez, S.J.; facsimile from tracing
of original, in Ventura del Arco MSS. (Ayer library) 141

PREFACE

The present volume covers the seven years from 1609 to 1616, the leading subjects in the documents therein being commerce and navigation, missions, and ecclesiastical affairs. The commercial and navigation laws covering a quarter of a century previous to this period give incidentally much curious information on social and economic conditions in the islands. The outflow of silver from Nueva Espana to China via Manila still causes alarm; but it is evident that the suppression of the trade between Acapulco and Manila is not an infallible remedy for this difficulty. As it is, the islands are suffering from the injuries to their trade that the Dutch have inflicted, and from the ruinous expenses caused by their wars with these persistent enemies. No less do the Indians suffer from the exactions levied upon them for the public works and defense; but the home government attempts to lessen these burdens, and protect the natives from oppression. The missions of the Jesuits are reported as making rapid progress; and statistics of the work conducted by them and by the other religious orders give a view of the general missionary field. The Dominicans begin their college of Santo Tomas at Manila; and their officials urge upon the king the suppression of the Audiencia. The relations between the various orders appear to be not strictly harmonious. The power of the Spaniards in the Orient, and the future of the Philippine colony, are seriously menaced by the increasing gains of the Dutch in the Moluccas.

Various laws regarding the navigation and commerce of the Philippines are presented, in chronological order, dated 1583-1609. The sale of merchandise by _pancada_ is to be retained, and regulations are made therefor. Trade between the American colonies with China or Filipinas is prohibited; and the citizens of Filipinas are granted a monopoly of the trade to Nueva Espana. But this is limited to a specified amount and only two ships may be sent annually. The goods thus sent to Nueva Espana must be consumed there. Copies of the merchandise registers of these vessels must be sent to the Council of the Indias. Persons who have been exiled to Filipinas must be compelled to reside there. No slaves may be taken thence to Nueva Espana, except a small and specified number allowed as servants of royal officials. The number of officers and men allowed to each ship is limited and specified. The soldiers sent must be effective and suitably equipped. The ships must not be stripped of their defenses by Filipinas officials. Pilots must undergo examination for this voyage. Information regarding the money and goods carried on these vessels must be exchanged by the officials at Manila and Acapulco. Ships must not be overladen. No person may go from Nueva Espana to the islands unless he give bonds for becoming a permanent resident of them, or is sent thither as a soldier. Officials of the trading vessels may not engage in trade in any form. The fares paid by passengers thereon shall be regulated, and so adjusted that they shall pay their share toward the expenses of carrying on this commerce. Due inspection of merchandise shall be made at Acapulco and in Mexico. No Chinese goods may be traded or conveyed, in any way, between Nueva Espana and Peru. The dues collected at Acapulco on Filipinas merchandise shall be spent for the needs of the islands. The amount of money which may be carried back from Mexico is strictly limited to five hundred thousand pesos; and in this amount must be included, to avoid frauds, all amounts of legacies, and gifts for benevolent works, sent to Filipinas. No wrought silver may be carried thither, except under close restrictions. The governor of Filipinas and the viceroy of Nueva Espana shall exchange reports of the business carried on by these ships. A trustworthy person must be appointed at Manila to regulate the migration of Chinese and other foreigners to the islands. Directions are given for the placing of cargoes, marine stores, etc., on the ships; and their rigging must be obtained at Manila instead of Acapulco. The ships and their crews must be suitably armed for defense; and the men may not carry any baggage save what they actually need for the voyage. No slave women shall be allowed on the ships, nor any married woman who is not obliged to make the voyage. The citizens of the islands may trade with Japan; but the Japanese shall not be allowed to go to the Filipinas.

In _Annuae litterae_ for 1610 is a report of the Jesuit missions in the Philippines. Beginning with some tabulated statistics, there are presented separate accounts of the college at Manila and the various mission stations. Two lay brethren in that college have died, whose lives and virtues are briefly reviewed. Religious zeal is growing among the people of Manila. The Jesuit church has been greatly adorned and improved, and their Indian disciples have erected in a new church several handsome statues. One of the Jesuit fathers devoted himself to the care of the heretics captured in the battle with the Dutch, and secured recantations from twenty of these. The new governor, Juan de Silva, has given to the Jesuits not only favor but substantial aid. In Antipolo and Taitai are many zealous and devout converts, of whom various incidents are related. The church at Antipolo has been often burned, but again rebuilt. Several miraculous cures are related. At Zebu the Jesuits have done much to cultivate religion among the Spanish residents, and to promote the peace and welfare of the community. In Bohol many conversions have taken place, and the headmen have become most helpful to the missionaries. Even some of the priests of the heathen are zealous converts to the true faith. The Indian converts are displaying true faith and charity, and support a hospital. No longer consulting their idols, they now invoke the Virgin Mary, an act which brings them great success in hunting. At Dulac much success has been obtained--sometimes impeded, however, by the plots of the Evil One. Palapag has suffered from scarcity of food, but the Jesuits have from their own stores cared for the poor. A new church has been erected there, and many conversions are reported. The expedition to the Molucca Islands was accompanied by the Jesuits; there are many Christians there, who are oppressed by the Dutch heretics. Many of the reports in this document mention miraculous cures, and deliverances from danger; and state that in many cases the Indian converts practice scourging as a token of devotion.

A law dated May 26, 1609, regulates the services of the Indians. When possible, the men needed for public works shall be hired from among the Chinese and Japanese; and the Filipino natives shall be expected to work voluntarily. If these measures shall not provide sufficient laborers, the natives may be forced to work, but only under certain conditions. Such work must be of absolute necessity; no one shall be forced when there are enough voluntary laborers; the conscription must be made as considerate and equitable as possible; the governor shall assign their hours of labor, and their wages shall be paid fairly and promptly. Such requisitions shall be made at seasons when they do not interfere with the agricultural labors of the natives. The vessels shall be provided with shelter for the rowers against rain and storm. Any ill-treatment received by the Indians shall be vigorously punished, especially when the offender is a royal official.

The Augustinian Recollects write to the king (June 30, 1610) asking to be released from the restrictions imposed upon them by the visitor of that order, claiming that otherwise their work will be ruined. They also ask for royal bounty in its aid. The Dominicans at Manila, on the same day, memorialize the home government for the suppression of the Audiencia in the islands. They claim that the royal decrees are not obeyed as they should be. The royal fiscal is accused of illegal traffic, and the opportunities and means of profit are given to relatives or friends of the auditors. The Dominicans suggest that the archbishop and the religious orders be authorized to serve as a check on the governors, the only real use of the Audiencia. They ask the king to increase the income of the archbishop, and take occasion to commend the honor and integrity of the royal officials at Manila. Their letter is accompanied by a list of the reasons why the Audiencia should be suppressed in the islands. The number of lawsuits is much greater since the reestablishment of that court, and the prisons are crowded; while many persons are neglected and languish in prison for many years. Justice is not done in the Indian lawsuits, the Spanish procedure being entirely unsuitable for these cases; and the innocent suffer the penalties, while the guilty escape. Dignities and offices are given to the unworthy and incompetent, and to relatives of the auditors. Criminals connected with the auditors go unpunished. The auditors engage openly in trade, by which they have gained enormous wealth. The royal intention that they should advise the king regarding the governor's conduct is frustrated, since they are in such relations with the governor that they will not oppose him.

The Jesuit Gregorio Lopez relates (July 1, 1610) events in the islands for the past year. Rumors of an invasion by the Dutch cause Silva to fortify Cavite, hitherto unprotected. Several disasters befall the Spaniards--among them the treacherous murder of a large number of Spaniards by their Chinese and Japanese rowers; and the Chinese need to be pacified. During the latter part of 1609 and the early months of 1610 the Dutch squadron commanded by Francis de Wittert remains near Manila, capturing the Chinese and other vessels that trade with Luzon. Meanwhile, the Spaniards collect military supplies and make all other preparations for defense. On April 24 the Spanish squadron encounters that of the Dutch at Playa Honda, outside Manila Bay; after a hot contest in which Wittert is killed, the Dutch flagship surrenders, as does their almiranta; another ship is destroyed by fire, and the rest take to flight. Many ceremonies, both religious and secular, signalize the rejoicings in Manila over the victory of the Spaniards, as well at their mourning for the slain. Then the spoils of the conquered are distributed, amounting to nearly four hundred thousand pesos. Many of the Dutch heretic captives are reconciled to the Church through the ministrations of a Jesuit priest. Lopez relates various incidents connected with this war, and gives a vivid account of the perils and hardships of the ocean voyages, especially in relating the shipwreck on the Japan coast of the galleon "San Francisco." A boat carrying supplies to the Jesuit mission at Maluco is captured by the Dutch and with it Father Masonio; but he escapes their hands, after many dangers. His companion, Father Gabriel de la Cruz, dies after a long sickness; and Antonio Pereira, sent to take his place, dies on the voyage. The Dutch pay a heavy ransom for their captive commander van Caerden.

Governor Silva advises the king (September 5, 1610) of affairs in the islands, especially of those in the Moluccas. The Dutch have regained everything there except the fort at Ternate; they have also secured a foothold in Japan, and are striving to do the same in China. If they obtain control of the trade from those countries, the Spanish colonies in India and the Philippines will be ruined. Accordingly, Silva is preparing to go, in conjunction with the Portuguese troops from India, against the Dutch, to recover the Moluccas. He will also take the captive Ternatan king back to his own country, as he promises to become a vassal of Spain and to refuse intercourse with the Dutch. Silva has, however, but little money for this expedition, for the royal treasury is heavily in debt. The king writes to Silva (December 7, 1610) ordering him to investigate the complaint of the Indians of Quiapo against the Jesuits.

The establishment of the college of Santo Tomas at Manila is begun in 1611 by the Dominicans, its foundation being a bequest left for this purpose by the late Archbishop Benavides, and certain other legacies. The articles of establishment and the endowment are presented, showing the funds, location, management, and character of the institution. It is provided, among other things, that if any ecclesiastical or secular power should claim jurisdiction over the conduct or property of the college, all the possessions of the college shall become the absolute property of the Dominican order and province.

The bishop of Nueva Caceres asks the king (July 20, 1611) for aid for the hospital there. In the same year, the king writes several letters to Silva. He orders the governor (November 12) to restrain, but with prudence, the arrogance of the religious; to check evasions of the laws regarding commerce, and to make certain regulations regarding the Mexican trade; to continue the prohibition of Japanese from residing in the islands; and to cease the military training hitherto given to the natives. On November 20 he sends an order to Silva to set at liberty van Caerden and other Dutchmen held captive in Manila, provided they shall not have given any cause for being recaptured. On December 19 he commands Silva to keep a squadron of ships on guard near the Luzon coast, to prevent the Dutch from plundering the vessels that go to the islands for trade. Letters from the king to the Dominican provincial at Manila (December 31) warn him to correct the lawless and disobedient proceedings of certain of his friars; to maintain amicable relations with the governor; and not to allow his friars to go to Japan without the governor's permission (commands of like import with this last being sent also to the provincials of the other orders).

Interesting statistics of the houses and missions of the various religious orders in the islands are furnished (_ca_. 1612), at the royal command, by their superiors. The Augustinians enumerate fifty-six houses with one hundred and fifty-five priests and thirteen lay brethren. The Jesuits maintain two colleges (Manila and Cebu), six residences and two missions; in these are forty-five priests, twenty-eight lay brethren, eight novices, and eleven scholastics--in all ninty-two religious. Each "residence" is a center of missionary activity for all the Indian villages around it, in some of which are churches, and to others visits are paid more or less frequently by the fathers who live at the residence. The Franciscans have forty-eight houses in their missions to the Indians, and four in the Spanish towns; they also maintain six hospitals. They have one hundred and one priests and thirty-eight lay brethren, besides twenty-one religious in Japan. The Dominicans have eighteen houses, and one hospital, with sixty-two friars; besides these, they have three houses in Japan, with nine religious. The field occupied by the Augustinians is in Western Luzon, Panay, and Cebu; and the villages in which they minister number 58,800 tributes--which, at three persons to each tribute, means a population of 176,400 souls. The Jesuits conduct missions in Luzon, Panay, Leyte, Samar, Bohol, and adjacent islands; they have sixty-eight churches, besides those in Manila and Cebu, and are in charge of about 50,000 souls. The Franciscans have missions in Luzon, with 80,000 souls; also some in Maluco and Japan. The Dominicans also work in Luzon, ministering to somewhat more than 16,000 souls.

The viceroy of Peru writes to Felipe III (April 12, 1612) in regard to the Philippine-Mexican trade, giving his report and opinion, at the king's command, regarding the request of the Sevilla merchants that the Philippine trade be taken from Mexico and transferred to Spain and Portugal. This letter is an interesting exposition of the theories regarding colonial administration then held by certain Spanish statesmen--and, more or less, of the policy then pursued by the Spanish government: for Montesclaros had already been a viceroy of Spanish colonies in America for nine years, at the time of this report, and was highly regarded by his home government. He describes the progress of commerce since the colonization of the New World began, and shows that the markets of the latter are overstocked with European merchandise, and thus the profits of the trade are greatly decreased. The viceroy carefully analyzes the proposal to transfer the Philippine trade to Spain, and shows its probable results. The Manila merchandise is almost entirely silk; this could be replaced in Mexico with the cotton fabrics made by the Indians in that country, and the silk industry might be introduced into Mexico and made a success there. Nevertheless, the Philippines would be injured by the suppression of their Mexican trade, and there would not even be a corresponding benefit to Spain. He has not much confidence in the disinterestedness of the Sevilla merchants, and refutes some of their arguments. The Spanish goods sent to Manila via Acapulco are mainly articles of luxury, and in small quantity; and the cloth stuffs of Spain are not desired in Japan or Luzon. He disapproves any course which would bring the Chinese silks into Spain, for thus the silk industry of that country would be ruined; moreover, the Chinese goods are poor and have little durability. Montesclaros emphatically denies that the stoppage of Philippine trade will materially affect the outflow of silver from Nueva Espana, or benefit Spain; and advises the king not to favor the Seville merchants or the Portuguese of India to the neglect of his Castilian subjects. He compares the advantages of the two routes between Manila and Spain, and considers that by the Pacific Ocean the better. The viceroy discusses the matter of sending reenforcements to the Philippines, and suggests that it might be advantageous to send troops to Acapulco via the Isthmus of Panama. He points out various dangers from the proposed suppression of he Philippine-Mexican trade.

The bishop of Nueva Segovia writes (August 15, 1613), apparently to some high official at the Spanish court, asking that aid may be furnished to the recently founded college of Santo Tomas. Soria complains of the Jesuits and the governor, who are opposing the Dominicans. More priests of that order (to which the writer belongs) are needed in the islands. Soria makes various accusations against the Augustinians and their leading officials, and recommends Aduarte and his mission to his correspondent's favor.

Felipe III writes to Silva (December 2, 1613), directing him to send to Mexico all the quicksilver that he can procure in China. The king approves Silva's acts in regard to Chinese immigration, and investigation of corrupt officials. He asks for further information as to Japanese trade, the treatment of the Indians by the religious, etc. One of the royal councils makes recommendations to the king--by communications dated respectively June 28, 1613, and July 1, 1616--that for the aged archbishop of Manila shall be appointed a coadjutor, who shall receive one-third of the former's stipend, with certain fees. An abstract of a letter from the Jesuit Ledesma to Felipe III (August 20, 1616) presents a gloomy view of the condition of the islands. Their trade has greatly decreased; the expeditions against the Dutch have nearly ruined the citizens; the Indians are exhausted by the burdens and taxes levied upon them; and the islands are in constant peril and are frequently harassed by their numerous enemies. The king is asked to send aid for the colony without delay.

A prominent Jesuit in Manila, Juan de Ribera, writes (probably in 1616) an account of an expedition sent from India in 1615 for the aid of the Philippines. The Dutch are obtaining so firm a foothold in the Orient that the Spanish commerce is not only much decreased, but is in constant danger from the attacks of the "Dutch pirates." Silva despatches Ribera to India, to ask from the viceroy aid for the Philippines; he sends with the envoy four galleons, which, after a voyage of many delays and hardships, reach Malacca. There they encounter a large Malay fleet, which they defeat, with great loss on both sides. A few weeks later a Dutch fleet arrives at Malacca, intending to unite with these very Malays; a fierce battle ensues, in which the Portuguese galleons are destroyed. In February 1616, Silva arives at Malacca with his fleet; but soon afterward he is attacked by a fever which causes his death (April 19). To this is added another version of Ribera's letter, and a letter by Valerio de Ledesma--both obtained from Colin's _Labor evangelica_. These cover the same ground as the preceding letter, but contain some matter not found therein, including an account of the battle at Playa Honda.

A biographical and chronological list of all the Spanish governors of the Philippines, from 1565 to 1898, is here presented. It is prepared by a careful collation, sifting, and verification of data obtained from the best authorities extant; and will be found useful for reference by general readers, as well as by students of history. This is followed by a law of 1664, providing for the government of the islands ad interim; and an extract from the _Historia_ of the Jesuit Delgado (1751), "Some things worth knowing about the governors of the Filipinas Islands." He says: "In no kingdom or province of the Spanish crown do the viceroys or governors enjoy greater privileges, superiority, and grandeur than in Filipinas." Delgado moralizes on the qualifications necessary for such a post, illustrating his remarks by historical examples. He outlines the intercourse and relations of the Philippines with the peoples about them, and the conquests made by the Spanish colonial governors. Next is given a chapter from the _Estado de las Islas Filipinas en 1842_ of Sinibaldo de Mas--a Spanish diplomat who visited the islands--on "the administration of government and the captaincy-general" therein. He, too, describes the great authority and privilege of the governor of the Philippines; and outlines the plan of the general, provincial, and local governments. The mestizos, when numerous in any community, have their own separate government. As the cabezas de barangay and some members of their families are exempted from paying tributes, they form a privileged class which is a burden on the taxpayers--a serious defect in the system of government. A special arrangement is made for the Chinese residing in Manila, and they are enrolled and classified for the payment of taxes. Finally, a chapter on "the political and administrative organization of Filipinas" is presented, from Montero y Vidal's _Archipielago filipino_ (1886). He devotes special attention to the subject of local government in the native towns; and explains why the Filipino natives are so anxious to obtain the post of gobernadorcillo. The writer describes the mode of dress and the customs in vogue among these local dignitaries, as well as their methods of administration. There are certain other petty officials, whose functions are described; and he ends by stating the powers and functions of the provincial rulers and those of the governor and captain-general of the islands, and sharply criticising "the vicious, anomalous, and unsuitable organization of the provinces of Filipinas."

_The Editors_

July, 1904.

DOCUMENTS OF 1609

Laws regarding navigation and commerce. Felipe II and Felipe III;
1583-1609.
Jesuit missions, 1608-09. (From _Annuae litterae_; Dilingae, 1610.)
Decree regulating services of Filipinos. Felipe III; May 26.

_Sources_: Two of these documents are taken from _Recopilacion de leyes_--the first from lib. ix, tit. xlv; the third, from lib. vi., tit. xii (ley xl). The second is obtained from _Annuae litterae_ (Dilingae, 1610), pp. 507-532.

_Translations_: The first and third of these documents are translated by James A. Robertson; the second, by Henry B. Lathrop, of the University of Wisconsin.

LAWS REGARDING NAVIGATION AND COMMERCE

[The following laws are translated from _Recopilacion de leyes_, lib. ix, tit. xxxxv, "Concerning the navigation and commerce of the Filipinas Islands, China, Nueva Espana, and Peru." [1] The various laws of the _Recopilacion_ are not arranged chronologically, but they are here thus given--retaining, however, the number of each law. Those laws given in the present installment range in date between 1583 and 1609, those beyond the latter date being reserved for a future volume. Some of the laws, as shown by various dates, were promulgated more than once, either in the original form, or possibly amended. When there is more than one date, the chronological order follows the earliest of these.]

Law LVIII

The appraisements and registers that shall be made of the merchandise shipped in the vessels despatched from Filipinas to Nueva Espana and other places, shall be made solely by the officials of our royal exchequer. The distribution [of cargo] that shall be made in the vessels of the said islands, and of the merchandise shipped on our account, and the appointment and examination of the pilots, masters, and other officials, shall be made in the presence of the aforesaid persons; and the laws ordained by this titulo shall be observed. [Felipe II--San Lorenzo, June 14, 1583.]

Law XXXV

It having been committed to, and charged upon, the governor and captain-general of the Filipinas that he should endeavor to introduce, in the exchange and barter for the merchandise of China, trade in other products of those islands, in order to avoid, when possible, the withdrawal of the great sums of reals which are taken to foreign kingdoms, the governor executed it in the form and manner that he considered most fitting; and a method called _pancada_ [2] was introduced, which has been observed and executed until now. It is our will that that method be observed and kept, without any change, until we order otherwise. [Felipe II--Anover, August 9, 1589; Toledo, January 25, 1596.]

Law LXVI

We order that a duty be collected on the first and subsequent sales or all the merchandise shipped from Filipinas to Acapulco, and the pesos per tonelada on freight according to custom; for this sum and much more is needed to pay the troops, and equip the vessels that engage in commerce. In this there shall be no innovation. [Felipe II--Anover, August 9, 1589.]

Law V

We ordain and order that there shall be no permission to trade or traffic between Peru, Tierra-Firme, Guatemala, or any other parts of the Indias, and China or the Filipinas Islands, even though it be by license of the viceroys, audiencias, governors, or magistrates, under penalty of confiscation of the merchandise that shall be shipped. The masters and pilots shall also incur the confiscation of all their property and ten years in the galleys. [Felipe II--San Lorenzo, December 18, and February 6, 1591.]

Law I

Inasmuch as it is advisable to avoid trade between the West Indias and China, and regulate that of Filipinas, as it has increased considerably, thus causing the decrease of that of these kingdoms: therefore, we prohibit, forbid, and order, that no person of the natives or residents of Nueva Espana, or any other part of the Indias trade or be allowed to trade in the Filipinas Islands. Should anyone do so, he shall lose the merchandise with which he shall trade, and it shall be applied, one-third each, to our royal exchequer, the denouncer, and the judge who shall sentence him. In order to show favor to the citizens and inhabitants [of Filipinas] and that that trade may be preserved to sufficient extent, we consider it best that they alone may trade with Nueva Espana, in the manner ordained by the other laws, with this provision, that they convey their goods, or send them with persons who shall come from the said islands. They cannot send them by way of commission or in any other form to those who actually reside in Nueva Espana, in order to avoid the frauds of consigning them to other persons--unless it be because of the death of those who should come with the goods from the said islands; for in such case it can be done. And we also order that the inhabitants of Filipinas cannot consign their merchandise to generals, commanders, captains, officials, soldiers, or sailors of the vessels of that commerce, or of any other vessels, even though these be inhabitants of the said islands as well as the persons above mentioned. [3] [Felipe II--Madrid, January 11, 1593. Felipe IV--Madrid, February 10, 1635.]

Law VI

It is our will that the trade and commerce of the Filipinas Islands with Nueva Espana be carried on for the present as ordained. Under no consideration shall the amount of merchandise shipped annually from those islands to Nueva Espana exceed two hundred and fifty thousand eight-real pieces, nor the return of principal and profits in money, the five hundred thousand pesos which are permitted--under no pretext, cause, or argument that can be advanced, which is not expressed by a law of this titulo; and the traders shall necessarily be citizens of the Filipinas, as is also ordained. [Felipe II--Madrid, January 11, 1593. Felipe III--December 31, 1604; Madrid, May 4, 1619; Lisboa, September 14, 1619.]

Law XV

From Nueva Espana to Filipinas only two vessels can sail annually, up to three hundred toneladas' burden. In them shall be carried the reenforcements of men and supplies, and they shall bear a permit. For this purpose there shall be three ships, one of which shall remain in readiness at the port of Acapulco, while the other two make the voyage. For the security of the voyage, those who go on account of our royal treasury shall endeavor to see that the cost be drawn from the freights. From Nueva Espana not more than two hundred and fifty thousand pesos de tipusque shall be taken in the vessels during any one year. Whatever above that amount is taken shall be confiscated and applied in three equal parts to the exchequer, the judge, and the denouncer. We order the governor of Filipinas to inspect the ships when they reach port, and execute the penalty. [Felipe II--Madrid, January 11, 1593. Felipe III--Valladolid, December 31, 1604.]

Law XXXIV

We order and command that no person trade or traffic in the kingdoms or in any part of China, and that no goods be shipped from that kingdom to the Filipinas Islands on the account of the merchants of those islands. The Chinese themselves shall convey their goods at their own account and risk, and sell them there by wholesale. The governor and captain-general with the council of the city of Manila shall annually appoint two or three persons, whom they shall deem best fitted, to appraise the value and worth of the merchandise, and shall take the goods at wholesale from the Chinese, to whom they shall pay the price. Then they shall distribute it among all the citizens and natives of those islands, in accordance with their capital, so that they may all share in the interest and profit that arises from this traffic and trade. The persons thus appointed shall keep a book, in which they shall enter the amount of money invested each time, the price at which each class of merchandise is valued, among what persons the merchandise is divided, and the amount that falls to the share of each. The governor shall take particular pains to ascertain and discover how the said deputies make use of their commission. He shall not allow them to be rechosen the following year. He shall send annually a report, signed by them, of all the aforesaid to our council, and another to the viceroy of Nueva Espana. [Felipe II--Madrid, January 11, 1593.]

Law XLIV

The apportionment of the permitted amount of two hundred and fifty thousand pesos, conceded to the inhabitants of the Filipinas Islands, must be made among them, and the whole amount must be registered. Endeavor shall be made to have less than one third part return in gold; and the governor shall prevent and take precautions against any fraud or deceit, and shall take what measures he deems expedient. This also we charge upon the viceroy of Nueva Espana in whatever pertains to him. [Felipe II--Madrid, January 11, 1593.]

Law LXVIII

We declare and order that the Chinese merchandise and articles which have been and shall be shipped from Filipinas to Nueva Espana, can and shall be consumed there only, or shipped to these kingdoms after paying the duties. They cannot be taken to Peru, Tierra-Firme, or any other part of the Indias, under penalty of confiscation of all those found and apprehended in the possession of any person whatever, and shall be applied to our exchequer, the judge, and the denouncer. [4] [Felipe II--Madrid, January 11, 1593; Felipe IV--Madrid, February 10, 1635.]

Law LXXI

We order and command, that under no consideration in any manner can any ship go from the provinces of Peru, Tierra-Firme, Guatemala, Nueva Espana, or any other part of our Western Indias, to China to trade or traffic, or for any other purpose; nor can any ship go to the Filipinas Islands, except from Nueva Espana, in accordance with the laws of this titulo: under penalty of the confiscation of the ship; and its value, money, merchandise, and other things of its cargo shall be sent to these kingdoms in accordance with law 67 [5] of this titulo, and thus it shall be executed. We prohibit and forbid any merchandise being taken from Nueva Espana to the provinces of Peru and Tierra-Firme, that shall have been taken there from Filipinas, even if the duties should be paid according to the rules and ordinances; for it is our purpose and will that no goods shipped from China and the Filipinas Islands be consumed in the said provinces of Peru and Tierra-Firme. Whatever shall be found in the possession of any person, we order to be confiscated, applied, and regulated, as contained in this law. [Felipe II--Madrid, January 11, 1593, and July 5, 1595. Felipe III--Valladolid, December 31, 1604.]

Law LXIV

It is advisable for our service to have constant reports on what passes in the trade and commerce between the Filipinas and Nueva Espana, in order to ascertain and discover whether it continues to increase, and what kinds of merchandise are traded, their prices, and in what money or material. Accordingly we order the viceroys of Nueva Espana to send to our royal Council of the Indias in each trading fleet, a copy of the registers that the ships brought from those islands, and also of those of the ships sent thither; and all shall be made with great distinctness and clearness. [Felipe II--Madrid, January 17, 1593; and Toledo, June 9, 1596.]

Law XXVIII

The viceroys, presidents, and auditors, and all other officers of justice shall make efforts to find all those who shall have been sent to Filipinas to reside during the time of their obligation, who have remained in Nueva Espana and other parts of their jurisdiction, and shall force them with all rigor to go to reside in those islands, proceeding against their persons and properties and executing the penalties that they shall have incurred. The fiscals of our Audiencia in Manila shall plead what is advisable in regard to the aforesaid. [Felipe II--Madrid, February 20, 1596.]

Law LIV

We order that the governors of Filipinas shall not allow slaves to be sent to Nueva Espana as a business transaction or for any other reason--except that, when the governor goes there, his successor may give him permission to take as many as six slaves with him; to each of the auditors who shall make the voyage, four; and to other respected persons, merchants with capital, and officials of our royal treasury who go and do not return, two. We order the viceroy, alcalde-mayor and officials of Acapulco, to see to the fulfilment and execution of this law, and to confiscate the slaves in excess of this number. [Felipe II--Madrid, April 10, 1597]

Law XL

We order that there be but one commander and one lieutenant (who shall be admiral) for the two ships from Filipinas to Nueva Espana; that each ship shall take no more than one military captain, besides the ship master and as many as fifty effective and useful soldiers in each ship with pay, and the sailors necessary to make the voyage properly each way--who shall be efficient and examined--and one pilot and assistant to each ship; for both ships one purser [_veedor_] and accountant. All appointments to the said posts shall be made by the governor and captain-general alone, without the intervention of the archbishop, or of any other person, notwithstanding what shall have been provided to the contrary. We order that choice be made from among the most respected and influential inhabitants of those islands, and of those most suitable for the said offices and the duties that the appointees must exercise. If they shall not be such, the matter shall be made an article in the governor's residencia. [Felipe III--Barcelona, June 15, 1599; Valladolid, December 31, 1604; San Lorenzo, April 22, 1608; Madrid, May 23, 1620.]

Law XXVII

We charge and order the viceroys of Nueva Espanna that the troops that they send to Filipinas be useful, and that they go armed; and that the men go to the governor of the islands to ask for the pay that the captains take from their soldiers. In regard to this the governor shall take legal action and punish those whom it touches. [Felipe III--Denia, August 16, 1599.]

Law XXIII

The governors of Filipinas are wont to take the artillery and arms from the ships that sail from Nueva Espana. Inasmuch as the vessels return unarmed and without the necessary defense, we order the said governors not to take, or allow to be taken, from the said ships the artillery, arms, supplies, or war-materials that those ships carry for their defense on the return voyage, for it is not advisable to risk what is so important. [Felipe III--Valladolid, July 15, 1601.]

Law XXXIX

Since there are skilled and examined pilots for the Filipinas line, those who are not such shall not be admitted in our ships and other craft. [Felipe III--Valencia, December 31, 1603.]

Law XVI

The utmost diligence shall be taken in the port of Acapulco to ascertain and discover the reals, silver, and other things taken to the Filipinas, and our officials of the said port shall take account of it all. They shall advise the governor and royal officials of the islands of it, sending them the registers, and notifying them of what is advisable. The royal officials of Filipinas shall do the same with those of Acapulco. [Felipe III--Valladolid, December 31, 1604.]

Law XVII

Inasmuch as the ships of the Filipinas line have been overladen, many have been wrecked and their crews and cargoes lost; and, inasmuch as it is advisable to provide beforehand the remedy, therefore we order that great care be taken so that the toneladas [assigned] be those that the ships can carry, in accordance with their capacity. The things conveniently necessary for the crew, and the necessary food, with a reserve in case the voyage be prolonged, shall be left in them. Especial care is to be taken that the ships do not sail overladen, or embarrassed, because of the danger of being wrecked in any misfortune. They shall make the voyage each way as lightly laden as is necessary for the chance of storms and enemies. Felipe III--Valladolid, December 31, 1604.]

Law XXI

Illegal acts have been committed in taking more artillerymen and sailors than were necessary, and some of them useless, in the trading ships from Filipinas to Nueva Espana. We order that this be avoided and remedied. For each piece of artillery, only one artilleryman, and no more, shall be taken and superfluous pay shall not be given. [Felipe III--Valladolid, December 31, 1604.]

Law XXIX

Inasmuch as the majority of those going annually from Nueva Espana to Filipinas do not stop there, but return immediately, after investing their money: therefore, we order the viceroy of Nueva Espana to permit no one to go to Filipinas, unless he give bonds that he will become a citizen and live there for more than eight years, or unless he be sent as a soldier to the governor. [6] On those who violate this, and their bondsmen, shall be executed the penalties that they incur, without pardon. [Felipe III--Valladolid, December 31, 1604.]

Law XLII

We order and command that the generals, captains, agents, and officials of the Filipinas ships give bonds, to what sum the governor and captain-general shall deem best, for the greater security of what shall be in their charge. They shall give their residencia of each voyage before the auditors of our royal Audiencia of Manila and shall render satisfaction in the aforesaid. [Felipe III--Valladolid, December 31, 1604; Madrid, May 23, 1620. Carlos II (in this _Recopilacion_)--1681, the date of first edition of _Recopilacion de leyes_.]

Law XLVIII

We prohibit and forbid, under any circumstance, commanders, admirals, and officials of the commerce between Filipinas and Nueva Espana from trading or trafficking, seizing, or lading anything, in any quantity in the ships during the voyage under their command, under their own name or another's. Neither shall toneladas be apportioned to them as to the other citizens, nor can they take or buy them from others, under penalty of perpetual deprivation of the said posts of the said line and the confiscation of what goods they lade, carry, or take, which shall be found to be theirs. [Felipe III--Valladolid, December 31, 1604. Carlos II (in this _Recopilacion_)--1681; see preceding law.]

Law LIX

We order the viceroy of Nueva Espana and the governor of Filipinas, each one as it pertains to him, to adjust and regulate the fares to be paid by passengers, according to the place that each shall occupy, in the ship on which he sails, with men and goods; and what is to be paid on the trips going and coming, according to the expense incurred by the ships, in accordance with their burden and crew. They shall apportion it in such manner that superfluous and useless expenses shall not be caused. And unless it lacks what is necessary and requisite, it shall be unnecessary to supply anything from our treasury toward the expenses of that fleet. We order that the advisable care and effort be given to this by the overseer [_veedor_], accountant, and royal officials of the Filipinas Islands. [Felipe III--Valladolid, December 31, 1604; San Lorenzo, April 22, 1608.]

Law LX

The registers of all shipments from Filipinas shall be opened in the port of Acapulco, by the person to whom the viceroy of Nueva Espana entrusts it, and the officials of our royal treasury of the said port. They together shall examine and investigate the bales and boxes, and shall make as close and careful an examination as shall be necessary to discover what may have come outside of the register and permission. They shall send the registers to Mejico, as has been the custom, with all investigations made at the port of Acapulco, by a sufficiently trustworthy person, or by one of our said officials. In Mejico everything shall be again investigated, and the duties appertaining to us shall be appraised and collected; and all other investigations requisite to ascertain and discover what has come unregistered shall be made. All that shall have been sent without register and in violation of the prohibition shall be confiscated. No permission shall be given by this means, pretext, and occasion, to cause any unreasonable injury to the owners of the goods. [Felipe III--Valladolid, December 31, 1604; San Lorenzo, April 22, 1608; clause xi.]

Law LXIX

In the vessels that we shall permit to sail from Peru to Nueva Espana and the port of Acapulco or from Nueva Espana to Peru and its ports, no quantity of Chinese stuffs can be laden, sold, bought, or exchanged, even though it may be reported to be gratuitously as a gift or charity, or for the service of divine worship, or in any other quality or form, in order that the prohibition may not be evaded by such pretexts and frauds. In case that any shall be convicted of the above as chief factors, associates, or participants, or of aiding or giving advice, they shall, besides the confiscation of their goods and boat, incur on their persons the civil and criminal penalties imposed on those who handle contraband goods, and of perpetual banishment, and deprivation of the post that they shall have obtained from us in the Indias. In regard to the above we charge the conscience and care of our servants. [Felipe III--Valladolid, December 31, 1604 (?); San Lorenzo, April 22, 1608 (?); clauses 16 and 17.] [7]

Law LXX

If any quantity whatever of Chinese stuffs be found in any boat sailing from Nueva Espana to Peru or in the opposite direction, the inspector, royal officials, and the other persons who take part in the register and inspection shall be considered as perpetrators and offenders in this crime; so that, taking example from them, others may abstain from similar transgressions. The captains, masters, boatswains, and other officers whose duties extend to the management of vessels, shall also be considered as offenders and accomplices. [Felipe III--Valladolid, December 31, 1604 (?); San Lorenzo, April 22, 1608 (?); clause 18.]

Law LXXIV

We order the viceroys of Nueva Espana to maintain very special care of the observance and execution of the ordinances for the commerce of the Filipinas line, established by the laws of this titulo; and to keep at the port of Acapulco, in addition to the royal officials who shall be there, a person of great honesty and trustworthiness, with the title of alcalde-mayor, so that everything be done with very great caution, and justice be observed. He shall not permit more silver to be taken to Filipinas than that conceded by these laws, with or without license. [Felipe III--Valladolid, December 31, 1604.]

Law LXXV

The viceroy of Nueva Espana, and the governor and captain-general of Filipinas, all other of our judges and magistrates, and private individuals, each one in what pertains to him, shall observe, and cause to be observed and fulfilled, the ordinances regarding this traffic and commerce, and shall execute them exactly without remission or dispensation. In their residencias, especial attention shall be paid to their omission and neglect. We charge the archbishop of Manila to exercise the same care in what shall be specially entrusted to him, which is not repealed or altered by these laws. Of all, advice shall be given us. [Felipe III--Valladolid, December 31, 1604.]

Law LXXVI

We charge and order the viceroys of Peru to see that all the ordinances in regard to the prohibition of Chinese stuffs be fulfilled and executed exactly. For their execution and fulfilment, they shall appoint an auditor of our royal Audiencia of Los Reyes, in whom they can place entire confidence. They shall see that he proceeds thoroughly and executes the penalties with the required rigor, without any dispensation. The auditor shall privately try these cases in the said city and its districts in so far as he shall have cause to invoke the law; and all other justices in their territories shall do the same. [Felipe III--Valladolid, December 31, 1604.]

Law LXXVIII

Permission was given for two ships to go to Nueva Espana annually from Peru for commerce and trade to the value of two hundred thousand ducados; which was afterward reduced to one ship, with certain conditions. And inasmuch as the trade in Chinese stuffs has increased to excessive proportions in Peru, notwithstanding so many prohibitions expedient to our royal service, the welfare and utility of the public cause, and the commerce of these and those kingdoms; and a final decision of the viceroy, Conde de Chinchon, [8] having preceded, and a vote of the treasury to suppress absolutely any opportunity for this trade: therefore we order and command the viceroys of Peru and Nueva Espana to prohibit and suppress, without fail, this commerce and trade between both kingdoms, [9] by all the ways and means possible; and that it be not carried on by any other regions, for we by this present prohibit it. This prohibition shall be kept strictly and shall continue to be so kept. [Felipe III--Valladolid, December 31, 1604; San Lorenzo, June 20, 1609; Madrid, March 28, 1620, clause 1. Felipe IV--Madrid, November 25, 1634; Madrid, March 29, 1636, a clause of a letter to the Conde de Chinchon.]

Law XXIV

The inspection of ships sailing from Nueva Espana to Filipinas shall be made by our royal officials, according to custom. They shall examine in great detail the lists of soldiers and sailors of the ships, in order to abolish the places that shall be found without justification; and they may proceed by law, when they discover any infraction or fraud in this. Such shall be visited on the person causing it, with the greatest severity. [Felipe III--Valladolid, January 25, 1605. Felipe IV--Madrid, October 16, 1626.]

Law LXV

We order that the duties and freight customs collected in the port of Acapulco on the Filipinas merchandise, shall not be placed in the royal treasury of Mejico, but shall be expended in things necessary to those islands; and the sum lacking [for those necessities] shall be sent from the treasury of Mejico. The viceroy and the governor of Filipinas shall send us a particular report for each voyage of the amount of the duties and freight customs and what must be sent. [Felipe III--Valladolid, February 19, 1606.]

Law IX

We declare that in the five hundred thousand pesos granted by permission [to be sent] from Nueva Espana to Filipinas, must and shall be entered the amounts of legacies, bequests, and charities [_obras pias_], with the wrought silver and all other things carried thither; and nothing shall be reserved, except the pay of the sailors, as is ordered by the following law. [10] [Felipe III--San Lorenzo, August 19, 1606.]

Law X

We grant permission to the sailors serving on the trading ships between Nueva Espana and Filipinas to carry in money the actual and exact sum of their pay, in addition to the general permission. Thus shall the viceroys of Nueva Espana provide, unless they perceive some considerable objection. They shall see to it that the said sailors or other persons shall not be allowed to exceed the amount permitted by this law. [Felipe III--San Lorenzo, August 19, 1606.]

Law XI

No wrought silver can be taken to Filipinas, even when for the service of those who shall go thither, or for any other purpose, unless bonds are first given to return it, or unless it shall have been included in the permission. [Felipe III--San Lorenzo, August 19, 1606.]

Law XLVII