Chapter II: Preface (1)

The scope of the present volume (1635-36) is mainly commercial and financial matters on the one hand, and ecclesiastical affairs on the other. The paternalistic tendencies of the Spanish government are obvious in the former direction, with various restrictions on trade, and annoying imposts on all classes of people. The Portuguese of Macao are accused of ruining the Chinese trade with the islands, absorbing it to their own profit and the injury of the Spaniards. In ecclesiastical circles, the topic of prime interest is the controversy between Governor Corcuera and Archbishop Guerrero, ending in the latter's exile to Mariveles Island; it is an important episode in the continual struggle between Church and State for supremacy, and as such rightly demands large space and attention in this series. In this and several other documents may be noticed the steadily increasing influence and power of the Jesuit order in the Philippines at that period.

From _Recopilación de leyes de las Indias_ (lib. ix, tit. xxxxv) are compiled a series of laws relating to navigation and commerce, dated from 1611 to 1635--in continuation of those already given in VOL. XVII of this series. Married men going from Nueva España must take their wives also, or provide for them while absent. Convents shall not allow Chinese merchandise to be concealed in their houses. Royal officials who may sail in any fleet sent from Spain to the Philippines are forbidden to carry any merchandise thither on their private accounts. Flour for government use in the islands shall be provided there, and not be brought from Nueva España. The lading on the trading ships to that country must be allotted more equitably, and for the general welfare of the Philippine colonists. Disabled or incapable seamen must not be taken on these ships; provision is made for the protection and safety of the Indian deck-hands thereon; and only persons of rank are allowed to carry more than one slave each. Trade between Mexico and Peru is again forbidden; and private persons in the Philippines are not permitted to send ships, soldiers, or seamen to the mainland or other regions outside the islands. The valuation of merchandise taken to Nueva España from Filipinas shall be made at Mexico, according to certain regulations. The officers of the trading ships shall be paid for four months only, each voyage; and the ships must leave Acapulco by December, and reach the islands by March. Extortion from the sailors by the royal officials at Acapulco is strictly forbidden. The official appointed to inspect the Chinese ships at Manila must be chosen, not by the governor alone, but by him and the Audiencia jointly. The shipment of money from New Mexico to Filipinas in excess of the amount allowed is forbidden under heavy penalties. The governors of Filipinas must keep the shipyards well equipped and provided. The ships that sail thence to Nueva España must depart in June; and careful account must be taken, by special officials, of all goods in the cargoes, and of all that the vessels carry on the return trip.

A group of royal decrees and orders occurs during the years 1633-35, concerning various interests of the Philippines. The viceroy of Nueva España is ordered (September 30, 1633) to see that the seamen needed in the islands be well treated at Acapulco, and allowed to invest some money in the Mexican trade. The governor of the Philippines is warned (March 10, 1634) to see that the lading of vessels in that trade be equitably allotted to the citizens. The viceroy is directed, at the same time, to send more reënforcements of men to the islands. The moneys granted to the city for its fortifications have been diverted to the general fund; the governor is notified (September 9, 1634) to correct this, and, two months later, to prevent the Portuguese of Macao from trading in the islands. Again (February 16, 1635) he is directed to prevent people from leaving the Philippines, and religious from going to Japan; and at the same time is despatched a reply to the Audiencia regarding some matters of which they had informed the king. The governor is ordered (November 5, 1635) to see that the garrisons in Ternate are regularly changed.

Juan Grau y Monfalcón, procurator-general for the Philippines at the Spanish court, memorializes the king (1635) regarding the importance of those islands to Spain, which country should preserve her domain there, not only for the service of God and the spread of the Catholic faith, but for the increase of the royal revenues. The writer gives a summary of the Chinese population in the islands, and the extent of their trade; the number of Indians paying tribute, and their products. The Spaniards of Manila are greatly impoverished by their losses in conflagrations and shipwrecks, and need royal aid. If it be not given them, Manila will be lost to the Dutch, whose increasing power and wealth in the Orient is described. Especially do they request the abolition of the additional duty of two per cent on goods exported to Nueva España, which they are unable to pay. The history of this tax is outlined, and numerous reasons for its abolition are adduced. The inhabitants of Manila no longer make large profits in their trade with Nueva España; nor are the expenses of that trade such a burden as formerly on the royal treasury. The same results are really obtained from the tax levied on the Chinese goods that are carried to Manila, and this additional tax is too heavy a burden on the people. The royal duties alone amount to twenty-seven per cent on their investments of capital, and the costs and expenses to even a greater sum. Too much pressure of this sort will cause the people of Manila to abandon entirely a profitless trade; in that case the customs duties would cease, and the islands would fall into the hands of the Dutch. The misfortunes and losses of Manila by fires and shipwrecks must also be taken into account, as well as the loyalty with which they serve the crown--always ready to risk their lives and property for it, and often loaning money to the treasury in its needs. The royal fiscal makes reply to this document, advising the royal Council to give this matter very careful attention, and to consider not only the need of the inhabitants but the low condition of the royal finances; he recommends mild measures. The procurator thereupon urges, in brief, some of his former arguments (also citing precedents) for the discontinuance of the two per cent duty. An interesting compilation from the accounts of the royal treasury at Manila shows the total receipts in each of its different funds for the five years ending January 1, 1635, each year separately.

A letter of consolation to the Jesuits of Pintados who have suffered so much from the Moro pirates is sent out (February 1, 1635) by the provincial of the order, Juan de Bueras. Andrés del Sacramento, a Franciscan friar at Nueva Cáceres, complains to the king (June 2, 1635) of interference in the affairs of that order by certain brethren of the Observantine branch, who have by their schemes obtained control of the Filipinas province; and asks that the king assign the province to one or the other branch, allowing no one else to enter it. About the same time, a high Franciscan official at Madrid writes, probably to one of the king's councilors, promising to investigate and punish certain lawless acts by Manila friars of his order.

The Jesuits of Manila having asked for a grant from the royal treasury to rebuild their residence there, the matter is discussed in the royal Council, and a decree issued (July 10, 1635) ordering the governor of the Philippines to investigate the need for such appropriation, and to report it, with other information, to the king. Pedro de Arce, who has been ruler _ad interim_ of the archdiocese of Manila, notifies the king (October 17, 1635) of his return to his own bishopric of Cebú; and of his entrusting to the Jesuits the spiritual care of the natives of Mindanao, where the Spanish fortress of Zamboanga has been recently established. He asks the king to confirm this, and to send them more missionaries of their order.

In 1632 a memorial is presented before the municipal council of Manila by one of its regidors, representing the injuries and losses arising from the trade which has been commenced there by the Portuguese of Macao. It seems that they have absorbed the trade formerly carried on by the Chinese with Manila, and have so increased the prices of goods that the citizens cannot make a profit on the goods that they send to Nueva España. Navada presents seventeen considerations and arguments regarding this condition of affairs. He states that in earlier years the authorities of Manila forbade the Portuguese to come to Manila, for the same reasons that are now so urgent; that investments of capital are now seldom made by citizens of the Philippines, for lack of returns thereon; and that the royal revenues are defrauded by the enormous losses in the proceeds from the customs duties on the goods brought by the Portuguese, as compared with those realized on the goods of the Sangley traders. The Portuguese are making enormous profits, and this is ruining the citizens of the islands; moreover, they buy their goods from the Chinese at sufficient prices to satisfy the latter, and they misrepresent the condition and actions of the Spaniards, so that the Chinese are prevented from coming to Manila. The Portuguese will make no fair agreement as to prices, and some of them remain in Manila to sell their left-over goods; and these even ship goods to Nueva España in the royal ships, with the connivance of certain citizens--all of which defrauds the Spaniards, and violates the royal decrees. Moreover, the Portuguese bring from China only silks, for the sake of the great profits thereon; while cotton cloth and other articles needed by the poor (which formerly were supplied by the Sangleys) are now scarce and high-priced. The Portuguese should be forbidden to carry on the China trade; this would quickly restore its conduct by the Chinese themselves, and funds to the royal treasury from the increase in customs duties. Manila is the only market for this trade, and can easily hold it. The Portuguese have even carried their insolence so far as to attack the Chinese trading ships (for which the Audiencia has neglected to render justice to the Chinese); they also ill-treat Spaniards who go to trade at Macao, and deal dishonestly with those who let them sell goods on commission. If the Portuguese are forbidden to trade in Manila, the Chinese will again come to trade; the citizens will enjoy good profits on their investments, and incomes from their possessions in the Parián. This memorial by Navada is discussed by the city council, who unanimously decide to adopt his recommendations and to place the matter before the governor and the citizens. The Spanish government favor (1634-36) depriving the Portuguese of the Manila trade, and decrees are sent to the islands empowering the governor and other officials to do what seems best in the case. To these papers are added a letter to the king by Juan Grau y Monfalcón, urging that the decree of 1593 be reissued, forbidding any Spanish vassals to buy goods in China, these to be carried to Manila by the Chinese at their own risk. He submits, with his letter, tables showing the comparative amounts of duties collected at Manila on the goods brought by the Chinese and the Portuguese respectively; also a copy of the aforesaid decree of 1593.

A royal decree of February 1, 1636, prolongs the tenure of encomiendas for another generation, in certain of the Spanish colonies, in consideration of contributions by the holders to the royal treasury; and various directions are given for procedure therein. The procurator Monfalcón, in a letter to the king (June 13, 1636), commends the military services of the Filipinos, and asks for some tokens of royal appreciation of their loyalty.

An account of conflicts between the civil and ecclesiastical authorities in 1635-36 is taken from the _Conquistas_ of the Augustinian writer Fray Casimiro Diaz. With this main subject he interpolates other matters from the general annals of that time. Among these is a relation of the piratical raids of the Moros into Leyte and Panay in 1634; the invaders kill a Jesuit priest. In June of the following year arrives the new governor, Sebastián Hurtado de Corcuera. At the same time, Archbishop Guerrero begins his rule over the churches of the islands; and controversies at once arise between him and the governor over the royal patronage and other church affairs. Among these is an attempt to divide the Dominican province into two, which is favored by Corcuera. This arouses bitter controversies, which involve both ecclesiastics and laymen and many conflicting interests. A case occurs in Manila in which a criminal's right of sanctuary in a church is involved; this leads to various complications between the civil and ecclesiastical authorities, involving also the religious orders--the Jesuits siding with the governor, the other orders with the archbishop. The successive events and acts in this controversy are quite fully related, the writer, as would naturally be expected, placing most of the blame upon the governor. A truce is made between the parties (January, 1636), but it soon falls apart and the quarrels begin anew; they go to such lengths that finally (in May of that year) the archbishop is sent into exile on Mariveles Island, in Manila Bay. The cathedral cabildo take charge _ad interim_ of the archdiocese. Within a month, however, the archbishop is released, and permitted to return to the charge of his diocese, but on humiliating conditions. Diaz notes that ever after this episode Governor Corcuera was followed by losses, troubles, and afflictions; that many of his relatives and partisans came to untimely ends; that the archiepiscopal palace of that time was utterly destroyed in subsequent earthquakes; and that after the persecution of the archbishop the sardines in Manila Bay almost wholly disappeared. Even after the prelate's restoration, other controversies arise, which embitter his few remaining years; and he narrowly escapes capture by the Moro pirates.

Another account of the contentions of the governor with the archbishop and the orders is that given in a "letter written by a citizen of Manila to an absent friend" (June 15, 1636); it is obtained from one of the Jesuit documents preserved at Madrid. The events of that controversy are narrated from a different standpoint than Diaz's--defending the governor and the Jesuits, and blaming the friars for having caused most of the trouble. The writer makes his account more valuable by presenting various documents and letters concerned in the affair; and describes many occurrences that do not appear in other accounts. This letter is also avowedly despatched to refute certain statements made by the Dominicans in their version of the controversy of 1635-36. It is evidently written by some friend of the Jesuits who was a lawyer--possibly by Fabian de Santillan, whom they appointed judge-conservator against the bishop. In it is a curiously lifelike and interesting picture of the dissensions that then involved all circles of Manila officialdom, both civil and religious; and of certain aspects of human nature which are highly interesting, even if not always edifying.

Governor Corcuera writes to Felipe IV (June 19, 1636), commending the Jesuits and their work in the islands, and asking that more of them be sent thither, in preference to those of other orders. The bishop of Nueva Cáceres also writes by the same mail, commending Corcuera and complaining of the hostility displayed by the orders against the governor, and of their ambition and arrogance. The bishop (himself an Augustinian) arraigns all the friar orders except his own, in scathing terms, saying of these religious: "They live without God, without king, and without law, ... as they please, and there is no further law than their own wills." "They say openly in their missions that they are kings and popes." Zamudio accuses them of being "notorious traders," of domineering over both the Indians and the alcaldes-mayor, and of infringing upon the royal patronage; and claims that the conduct of the Franciscans in Camarines is such that he cannot remain there in his own diocese. He ascribes the late troubles with the archbishop mainly to the mischievous influence of the friars, and explains his restoration to his see as "the act of a Christian gentleman" on Corcuera's part. The friars in Zamudio's diocese have refused to let him make a visitation among them, although he obtained from the governor a guard of soldiers to protect him. He recommends that the friars be deprived of their missions, and replaced by secular priests.

The archbishop of Manila furnishes (1636) a list of the persons composing the ecclesiastical cabildo of the Manila cathedral; and another, of ecclesiastics outside that body from whom might well be supplied any positions in the cabildo which his Majesty might be pleased to declare vacant. In each case the archbishop mentions various particulars of the man's age, family, qualifications for office, etc., and of his career thus far in the Church. According to the archbishop, some of those now in the cabildo are quite unworthy or incompetent for such positions.

_The Editors_

April, 1905.

DOCUMENTS OF 1635

Laws regarding navigation and commerce, 1611-35. Felipe III
and Felipe IV; 1611-35.
Royal decrees, 1633-35. Felipe IV; 1633-35.
Memorial to the king, in the year 1635. Juan Grao y Monfalcon;
September 6.
Manila treasury accounts, 1630-35. Geronimo de ----, and
Francisco Antonio Manzelo; August 13, 1638.
Letter of consolation to the Jesuits of Pintados. Juan de
Bueras, S.J.; February 1.
Letter to Felipe IV. Andres del Sacramento, O.S.F.; June 2.
Letter from the Franciscan commissary-general of the
Indias. Francisco de Ocaña, O.S.F.; June 28.
Opinion of Council and royal decree concerning request of
Manila Jesuits for alms. Felipe IV, and others; July 10.
Letter to Felipe IV. Pedro de Arce; October 17.

_Sources_: The first of these documents is taken from the _Recopilación de leyes de Indias_, lib. ix, tit. xxxxv; the second, from the "Cedulario Indico" in the Archivo Historico Nacional, Madrid; the third, from a MS. in the Biblioteca Nacional, Madrid; the fourth, sixth, and seventh, from MSS. in the Archivo general de Indias, Sevilla; the fifth, from a MS. in the Academia Real de la Historia, Madrid; and the last two, from Pastells's edition of Colin's _Labor evangélica_.

_Translations_: All these documents are translated by James A. Robertson.

LAWS REGARDING NAVIGATION AND COMMERCE

[The first installment of these laws is given in VOL. XVII, pp. 27-50. The laws in the present installment date from 1611 to 1635. The method of treatment is the same as in the laws of the above volume.]

LAW XXX

The viceroy of Nueva España shall not allow any married man to pass thence to Filipinas unless he take his wife with him, or unless he have permission to leave the country for a limited time, after giving bonds that he will return within the time set; and provided he leave his wife what is necessary for her support. In no other way [shall he be allowed to go]. [Felipe III--Guadarrama, November 12. 1611.]

LAW XXXIII

Many religious and laymen come to these kingdoms from the Filipinas Islands by way of Eastern India, abandoning their ministries and employments. We order the governor and captain-general to be very careful about applying the remedy, and that he give notice of this to the bishops and to the superiors of the orders in what pertains to them; and the said governor shall maintain especial watch over the laymen so that they may not go by that route. [Felipe III--Valladolid, November 4, 1612.]

LAW LXXII

We charge the regular prelates that they watch very carefully and give strict commands in all the convents and houses of their orders, that under no consideration shall Chinese merchandise be concealed or hidden therein; and any violation of this rule shall be punished. [Felipe III--Valladolid, August 20, 1615.]

LAW XLVI

Our fiscal of the royal Audiencia of Manila shall take part in the allotment of the toneladas that are allowed to be distributed; and it shall be done with his consent and in his presence. In the same way he shall be present at the transaction of business in our royal treasury. Nothing shall be attended to unless he be present, and he shall endeavor to avoid the losses and injuries that may arise in the aforesaid [his absence]. [Felipe III--Mérida, May 4, 1619.]

LAW XXXVII

If any foreigners are engaged in the Filipinas Islands in the occupation of sailors, or if they come to Nueva España in the ships, in the line of that trade-route, they shall not be molested, nor shall they be obliged to make agreements. If any trouble result from this, we order the viceroy of Nueva España and the governor of Filipinas to advise us thereof in our Council of the Indias, so that suitable measures may be taken. [Felipe III--Santaren, October 13, 1619.]

LAW VII

It may be necessary and advisable to send a fleet from these kingdoms to the Filipinas Islands by the cape of Buena Esperanza or the straits of Magallanes and San Vicente. Those who shall sail to serve us may happen to carry in the fleet investments of merchandise, wines, oils, and other things, and with that object undertake that voyage, and be the cause of delay or loss to the fleet by their making a pretext of difficulties, from which might result great inconveniences. In order that such may be prevented, we order that when any such fleet shall be sent, no person, of whatever rank or condition he be, shall lade or allow to be laded in it any of the aforesaid goods, under penalty of losing his life and of the confiscation of his property. If such a thing happens [_i.e._, that a fleet be despatched], this law shall be proclaimed in the port whence the said fleet sails, so that it may be obeyed and observed. [Felipe III--Madrid, December 12, 1619.]

LAW VIII

In the fleets that shall sail from these kingdoms to Filipinas in order to succor them, or for matters of our service, married pilots may embark, even though they leave their wives in these kingdoms. And because when they shall have reached the said islands, they will wish to return to their families, and it is right that no obstructions be placed in their way, and in that of others, we order the governors to allow them to return and perform their voyage, and to give them the necessary despatches. [Felipe III--Madrid, December 12, 1619.]

LAW XXVI

There is sufficient flour in the Filipinas for the supplies that are provided there on our account. Inasmuch as that taken from Nueva España is not so good, we order that provision of this product be not made from Nueva España, in consideration of the fact that it is advisable to benefit our royal treasury as far as possible. [Felipe III--Madrid, May 23, 1620.]

LAW XLV

In the permission conceded to the inhabitants of Filipinas of the lading-space in the ships that sail to Nueva España, it is ordered that this be distributed according to their rank and wealth. Notwithstanding, the governors do not make the allotment in accordance with this order. Sometimes they give it, under pretext of gratuities, to officers on half-pay, thus obliging the inhabitants to buy space at excessive prices. Sometimes they allot many toneladas for charitable purposes, in order that these may be sold, and the price [obtained for them] be used therefor, to the prejudice of the general welfare; this results from causing them to be sold to those who will pay the best price for them, and merchants who have companies in Méjico buying them--to whom a great part of the merchandise generally belongs, to the prejudice of the citizens to whom is conceded the permission by which favor is shown them. We order and command the governors to observe the ordinance; and if they violate it, it will be placed as a clause in their residencia. [Felipe III--Madrid, May 23, 1620.]

LAW XIX

The ships which shall be built for the trade between Filipinas and Nueva España shall have and shall without fail carry their hearths under the forecastle, and in no other part. In no case shall they be carried above deck. [Felipe III--Madrid, May 29, 1620.]

LAW XLIX

The accommodations distributed to the officers in the ships of Filipinas shall be moderate, and shall conform to the capacity of the ships. The governor shall assign to each one the space which he may occupy and fill, and he shall not exceed it. [Felipe III--Madrid, May 29, 1620.]

LAW LI

In the enrollments of seamen which are made in Filipinas, it occurs that a ship admits and carries sixty sailors, not thirty of whom are of use, and in time of need there is no one to work; and there is signal danger in so long and difficult a voyage. We order the governor and captain-general always to provide and order that the sailors and common seamen be effective. If our officials do not comply with this, it shall be placed as a clause in their residencias. [Felipe III--Madrid, May 29, 1620.]

LAW LIII

The Indian deck-hands on the ships of Filipinas shall all be from that coast; and shall be clothed, in order to protect themselves from the cold of the voyage. Our fiscal of the Audiencia of Manila shall enroll, and take a memorandum of, the Indian deckhands who shall be embarked. On the return from the voyage, he shall take account from the ship's officers of the payments and treatment that shall have been given the Indians. If any of them shall have died from the causes above mentioned, complaint shall be lodged against the guilty, until they are punished as a warning and example; and it shall be a charge in their residencia against the said officers, who must be obliged to give account of those Indians. If any Indian die from sickness or accident, a report must be made of it in the same vessel, as soon as it happens; and if they do not do that, and the Indian dies, they shall be considered as confessed criminals, guilty of the crime. [Felipe III--Madrid, May 29, 1620.]

LAW LV

Inasmuch as many slaves are usually carried in the ships from Filipinas, who consume the provisions, we order and command that no passenger or sailor shall take more than one slave, except persons of rank, and that for good cause, and with careful restriction. And inasmuch as the duties are paid in Acapulco on those who are sold there, because of the inconvenience of paying them in Manila, we order that the president and auditors of our royal Audiencia of Filipinas provide that it be so observed and executed. [Felipe III--Madrid, May 29, 1620.]

LAW LVII

We order that our royal Audiencia of Manila rate the amount of what the mates on the ships shall exact in the port of Acapulco for the guard of boxes, barrels, and other articles of merchandise. If this be exceeded, claims may be made against them in their residencias at the end of their voyages. [Felipe III--Madrid, May 29, 1620.]

LAW LXXVII

Some ships sail from the ports of Callao and Guayaquil to Nicaragua and Guatemala, under pretext of going for pitch and other things, and then often go from there to the port of Acapulco to lade Chinese cloth, in return for a great sum of silver which they carry, practicing many efforts and frauds. We order that under no consideration may any ships or other vessels from the said ports or provinces of Perú go to that of Acapulco; and that the viceroys shall order and take what measures may be necessary so that this be obeyed and observed. They shall impose what penalties they choose; and they shall execute those penalties on the transgressors in a severe and exemplary manner. [Felipe IV--San Lorenzo, October 20, 1621.]

LAW XXXVIII

We order and command the governors of Filipinas not to permit private persons of those islands to despatch ships to Macan, Malaca, Siam, Camboja, and other parts of that archipelago, or to take seamen or soldiers in them; for it is advisable to have ships and a fleet ready for the defense of Manila, which can be defended or garrisoned in no other way; and they shall attend to the correction of this as a thing so important, and shall give such orders as are most expedient. [Felipe IV--Madrid, December 31, 1622.]

LAW LXIII

By reason of haste in the despatch [of the ships], the clerks of the register are usually left, through forgetfulness, with some registers which have been made of the merchandise; and, as the registers do not appear, the judges condemn the goods as confiscated. We order the viceroy and auditors of our royal Audiencia of Méjico that, when this happens, they shall enact justice [1] so that the parties' right to collect it shall remain free. [Felipe IV--Madrid, October 9, 1623.]

LAW XXII

The governors and captains-general of the Filipinas Islands and Maluco, and our other judges and justices, shall observe and shall cause to be observed all the privileges, immunities, and exemptions of the artillerymen on that route and commerce, and of those who live at the ports, forts, and fortifications, which for that reason belong to them, in respect to the trade of the Indias from these kingdoms to those islands, in accordance with título 22 of this book. [2] [Felipe IV--Madrid, December 6, 1624.]

LAW LXXIX

We permit the viceroys, auditors, governors, royal officials, and government agents who shall have been appointed, and who have to go by way of the South Sea from Nueva España to Petú, and from there to Nueva España, to take their property registered, if they swear that it is their own and not another's under penalty of incurring confiscation [of the same]. [Felipe IV--Madrid (?), October 5, 1626.]

LAW LXII

We declare and order that the valuation of merchandise taken to Nueva España from Filipinas shall be made in Méjico by an accountant of the bureau of accounts, an officer of our royal treasury of the said city, and one of the members of the consulate of the said city. The viceroy shall appoint them every year, one fortnight before the said valuations are to be made, and he shall have special care in the making such appointment. In case that there shall be any discord between the three said persons, the viceroy shall appoint another accountant and royal official other than the first, so that these may meet with them. That measure which has two votes shall be adopted, even though they be but two who are in complete harmony. And if they should not be in harmony, and should be two to two of different opinions, they shall have recourse to the viceroy; and the decision of that side with which he shall agree shall be put into execution, without reply or contradiction. [3] [Felipe IV--Madrid, June 4, 1627.]

LAW LXVII

We order all the judges and justices before whom Chinese cloth shall be denounced as being contraband, not to condemn it as confiscated; but to send it to these kingdoms in a separate account directed to the president and official judges of the House of Trade of Sevilla, so that it may be sent from there to the treasurer of our Council of the Indias. Thus shall it be done on all the occasions that arise. [4] [Felipe III--Madrid, April 18, 1617; Felipe IV--Madrid, March 3, 1629.]

LAW L

The commander and officers whom the governor of Filipinas appoints for the ships sailing to Nueva España, shall not be aided with pay for more than four months, both in Méjico and Filipinas. At the termination of the trip, their accounts shall be balanced, and the remainder for the time while they shall have served, and no more, shall be paid them. [Felipe IV--Madrid, December 14, 1630.]

LAW XIII

Our fiscal of the Audiencia of Filipinas shall, according to the settled custom, be present at the inspection of ships which is made in the port of Manila, on those ships which come from Nueva España and other parts; and he shall denounce those which carry more than what is permitted. The judges who shall try the cause shall apply the merchandise denounced to our royal exchequer, and shall punish the guilty rigorously. [Felipe III--Madrid, May 4, 1619; Felipe IV--Madrid, March 25, 1633.]

LAW LXXIII

In the court trials regarding the seizures of smuggled goods from China which shall be seized in Perú, what shall pertain to the denouncers--namely, their third part--shall be paid to them immediately in money, provided it does not pass or exceed that ordered by laws of título 17, libro 8, which treat of seizures of smuggled goods, irregularities, and confiscations; and provided that the money be not taken from our royal treasury under any consideration, but from expenses of justice or fines forfeited to the treasury, or from the proceeds from merchandise or other articles which generally come with those that are contraband and outside the register, which are not from China, or of those prohibited to be sold or traded in Perú. We charge the viceroys to advise us on all occasions, with specification, of these denunciations, and of the part given to the denouncer, and in what quantity and kind, making us a clear and distinct relation. [Felipe IV--Madrid, March 31, 1633.]

LAW XXXI

It was ordered that the ships that go from Nueva España to Filipinas must sail from the port of Acapulco by the end of March, without extending even a day into April. And inasmuch as we are informed that that is inconvenient, we order that the ships be prepared with all that is necessary by December, so that at the end of that month, they may leave the said port of Acapulco, so that they may be able to arrive at the said islands, at the latest, some time in March. It is our will that this be executed inviolably, and it will be made a charge of omission in the residencia of the viceroys of Nueva España; and, if they do not so do, we shall consider ourselves disserved. [Felipe IV--Madrid, August 26, 1633.]

LAW XXV

We order the viceroys of Nueva España to give the necessary orders, and to take suitable precautions, that the provision which is made annually for the departure of the ships which sail from the port of Acapulco to Filipinas be made there very seasonably, so that the ships may not be detained, or those who are to embark suffer because of the short time allowed for departure or the inadequate provision of food. [Felipe IV--Madrid, September 30, 1633.]

LAW LXI

Inasmuch as it has come to our notice that the agents and officials of our royal treasury at the port of Acapulco maltreat the sailors and others who come from the Filipinas Islands, and cause them much trouble and vexation, by obliging them to give up what they carry, obtained through so long and arduous a voyage: we order the viceroys of Nueva España to have the matter examined, and the guilty punished. They shall establish what remedy seems to them most effective, so that like offenses may be avoided. [Felipe IV--Madrid, September 30, 1633.]

LAW III

It is usual for the governor and captain-general of Filipinas to appoint a person for the inspection of the Chinese ships when they come with their merchandise to the city of Manila. That person is usually one of his household, and from it follow certain injuries, and no one dares to demand satisfaction. We order the said governor and the royal Audiencia of Manila to meet to discuss this matter, and to choose a suitable person for this office. They shall endeavor to select one fitted for this task, and acceptable to the natives and foreigners. They shall take in this regard the measures which are expedient, and shall always advise us through our Council of the Indias of the person whom they shall elect, and of all else necessary for the good of that community. [Felipe III--San Lorenzo, August 25, 1620; Felipe IV--Madrid, November 10, 1634.]

LAW XIV

We order that money from Nueva España shall not be sent to Filipinas in excess of what is permitted; and all that is found en route from Acapulco without a written permit, beyond the apportionment made of the five hundred thousand pesos permitted, shall be confiscated and applied to our treasury and exchequer. The driver who shall carry such money shall incur the confiscation of his beasts of burden and slaves, and a fine of two thousand Castilian ducados, applied in the same way [as the above], and the stewards in charge of the illegal funds shall be punished with ten years' service in Terrenate. [Felipe IV--Madrid, January 30, 1635.]

LAW XLIII

The governors of Filipinas appoint commander, admiral, and officers for the ships which sail to Nueva España; and in case of the death or absence of these, they make appointments of other persons, in accordance with the usual procedure. And inasmuch as it is advisable to do this, we order our viceroys of Nueva España to observe and cause to be observed what is ordained in this regard, and the custom which has always been observed, without making any innovation. [Felipe IV--Madrid, February 5, 1635.]

LAW XXXVI

We charge and order the governors of Filipinas to be very careful to see that the shipyards do not lack lumber for the repair of ships, rigging, war-stores, and food; and that they provide throughout a sufficient supply of these articles and of all else necessary, with careful precaution. [Felipe IV--Madrid, February 21, 1635.]

[Although the final dates of the two following laws are later than 1635, they are here included in order to keep the laws of this título together.]

LAW XXXII

The ships which are to be despatched and to sail from the Filipinas Islands for Nueva España shall depart in the month of June; for there is great danger of their having to put back or of being wrecked if they sail later. We order the governor and captain-general of those islands to have it observed and executed accordingly. But this must be after holding a council of persons experienced in that navigation--so that, having heard and weighed their opinions, the most advisable measures may be enacted. [Felipe IV--Madrid, December 31, 1622; January 27, 1631; February 14, 1660.]

LAW XLI

The overseer and accountant of these voyages shall have everything in charge, and they shall set down and keep in their books an account of what is laden in merchandise, and what is carried on the return trip of the ships. They shall be chosen from persons who are well approved, who have given satisfaction, and are trustworthy, and they shall be given the proper and sufficient salary, which shall not exceed two thousand ducados apiece for the voyage; for they shall not lade any quantity of merchandise, under penalty of the fines imposed by law 48 of this título. [5] We order that they sail going and coming, one in the flagship and the other in the almiranta, alternating in all the voyages. The governor shall give them the instructions which they are to observe during the voyage. Their residencia must be taken as soon as the voyage is finished, as is done with the other officers of that fleet, before they can sail on another voyage. [Felipe III--Madrid, May 23, 1620; Cárlos II (in this _Recopilación_).]

ROYAL DECREES, 1633-35

The King. To the Marqués de Cerralvo, my relative, member of my Council of War, my viceroy, governor, and captain-general of those provinces of Nueva España, and president of my royal treasury therein; or the person or persons to whose charge the government of them may be entrusted: the king my sovereign and father (whom may holy paradise keep!) ordered to be issued, and did issue, a decree (which is found at folio 163 verso, of this same volume, number 144). [6] And now Don Juan Grau Monfalcon, procurator-general of the city of Manila of the Filipinas Islands, has related to me that, as is well known, there is great need of sailors and seamen in the navigation of the said Filipinas Islands, and that, for the islands to obtain these men it is advisable that good treatment and [an opportunity for] passage be given to them in the seaports; and that they be granted some means of gain, so that they might, by reason of that self-interest, be encouraged and induced to serve in the voyages--shielding them from the annoyances inflicted upon them by the officials at the said ports. He has petitioned me that I be pleased so to order, and that their chests be not opened; that permission be granted them so that each seaman may carry up to seven thousand pesos of investments in that voyage, in which is to be included the quantity which they have hitherto been permitted to carry; and that the castellan and my other employees at the port of Acapulco shall cause them neither vexations nor injuries. The matter having been examined in my royal Council of the Yndias, I have considered it fitting to issue the present, by which I order you to observe and fulfil, and to cause to be observed and fulfilled, the decree herein incorporated, _in toto_ and exactly as is therein contained, and that you do not violate it or pass beyond its tenor and form. [7] In its fulfilment, you shall give what orders may be necessary, so that care may be taken of those men at the port of Acapulco and so that all proper facilities and despatch may be accorded them. Madrid, September 30, 1633.

_I the King_

By order of the king our sovereign: _Don Francisco Ruiz de Contreras_

The King. To my governor and captain-general of the Filipinas islands, and president of my royal Audiencia therein. Don Juan Grau y Monfalcon, procurator-general of that city, has informed me that I ordered, by a decree of May 23, 1620, that the cargo of the ships be distributed to the inhabitants with all fairness; but that, contrary to the orders therein contained the governors have introduced the custom of giving a part of the cargoes to the sailors and seamen, and to the soldiers, hospitals, works of charity, clerics, and their own servants, as also to the auditors, fiscals, and officials of my royal treasury, whereby the favor that had been shown the inhabitants has been diminished. He also states that Don Juan Niño de Tavora tried to make the said allotment, although it belonged to the city; and that the people most needy, and those to whom there are greater obligations, did not enjoy the benefit of this favor. He petitioned me to be pleased to order that those decrees which have been given be observed, since that city has served me, and always serves me with the love and zeal which has been experienced--and lately, notwithstanding the losses that they suffered in the flagship which sank in that port, they gave me an offering of four thousand ducados; and that, whenever that allotment be made, it be with the consent of my governor and the approval of the city. By that means the complaints and dissatisfaction among them will be avoided. The matter having been examined in my royal Council of the Yndias, I have deemed it best to order and command you, as I do order and command you, to observe and fulfil, and cause to be observed and fulfilled, the things that are ordered by virtue of decrees, and the orders that have been given, since you see how just it is to give entire satisfaction to the parties [concerned]; and that your measures be such that those allotments be made with all equity and justice, preventing the quarrels and complaints that might arise on that account if the contrary were permitted. Madrid, March 10, 1634.

_I the King_

By order of his Majesty: _Don Gabriel de Ocaña Y Alarcon_

The King. To Marqués de Cerralvo, my relative, member of my Council of War, governor and captain-general of the provinces of Nueva España, and president of my royal Audiencia therein: Don Juan Grau y Monfalcon, procurator-general of the city of Manila, has informed me that there is great need of sailors and soldiers in those islands, and that they need at least 2,200 soldiers for the defense of those islands--600 being assigned to the city; in the fort and redoubt, 100; in the fort of Cavite, another 100; in the galleys, a like number; in Cibu and Caragua, 200; in the island of Hermosa and Cagayan, 400; and in Terrenate, 600. There can be no security without them, and although some reënforcements are sent from Nueva España, as these are so few those needs are not remedied. It is also necessary that the ships that sail from Acapulco to the said islands leave at the latest by the twenty-fifth of March, because of the troubles that result if the contrary be done. He petitioned me to order you to make the reënforcements to the fullest extent possible, and to send annually at least four hundred soldiers, eight hundred and fifty sailors and the artillerymen that you can send, since the conservation of the islands depends on them. The matter having been examined in my Council of War of the Yndias, I have considered it fitting to give the present, by which I charge and order you to fulfil in both matters the commands of my decrees in this regard. Madrid, March 10, 1634.

_I the King_

By order of his Majesty: _Don Gabriel de Ocaña y Alarcon_

The King. To Don Sebastian Hurtado de Corcuera, knight of the Order of Alcantara, my governor and captain-general of the Filipinas Islands, and president of my royal Audiencia resident therein, or the person or persons in whose charge their government may be: Don Juan Grau y Monfalcon, procurator-general of that city, has informed me that that said city has been granted, for its fortification, the proceeds of the income from the monopoly on playing-cards and other articles, and that the money that has been received from those sources was always paid into the fortification fund; but that, in violation of that, Don Juan Niño de Tabora, my former governor of those islands, ordered that the said sums be placed in my royal treasury, as was done. On that account, the money that is so necessary for the different works, the repairs, and fortifications that arise daily, is lacking. He says that the city having petitioned the governor to have the sums that belonged to the said fund returned, he refused to comply; but on the contrary ordered that the city furnish, from its communal property, all that was thus placed in my royal treasury. He petitioned me to be pleased to have my royal decree issued ordering that no room be given for such innovation, that the city and its council might spend and distribute their communal funds freely, as they have always done, since that pertains to the city; and that the kinds of income that have been customary in the past be placed therein and in no other fund. The matter having been examined in my royal Council of the Yndias, I have considered it fitting to give the present, by which I order you to cause to be observed and fulfilled exactly the orders that were given and commanded in this regard before the said Don Juan Niño de Tavora made this innovation. Madrid, September 9, 1634.

_I the King_

By order of the king our sovereign: _Don Gabriel de Ocaña y Alarcon_

The King. To the president and auditors of my royal Audiencia of the Filipinas Islands: Don Juan Gran y Monfalcon, procurator-general of that city, has reported to me that the Portuguese nation who are living in Eastern Yndia have attempted trade and commerce with those islands, to the detriment of the Sangleys who go to sell their merchandise at that city; and that that intercourse was already established, contrary to the orders and decrees that have been given, to the very great damage and prejudice of my royal treasury and the good government of the islands. He petitioned me to be pleased to have a speedy and efficacious remedy applied to so grave a matter and one of so great importance. All the papers that were presented in regard to this matter, together with what my fiscal declared and alleged therein, having been examined in my royal Council of the Yndias, I have considered it fitting to send you a copy of them so that you may examine them; and, should the relation made therein appear to you to be correct, you shall immediately apply the remedy for this injury. By another decree, [8] I order my fiscal of my Audiencia there to take up that case, and to plead all that he shall deem advisable for the advantage and increase of my royal treasury, and the observance of the orders and decrees that have been issued, since that pertains to him by reason of his office. You shall continue to advise me of all steps that you shall take, and of what you shall do in the future, in this matter. Madrid, November 10, 1634.

_I the King_ By order of the king our sovereign: _Don Gabriel de Ocaña y Alarcon_

The King. To Don Sebastian Hurtado de Corcuera, whom I have appointed as my governor and captain-general of the Filipinas Islands, and president of my royal Audiencia therein: a letter which was written to me under date of the former year 633, by Don Juan Cerezo de Salamanca, my governor _ad interim_ of the said islands, on a matter of government, has been received by my royal Council of the Yndias, and answer is given in this present letter. He says that the relationship with Japon has been destroyed because the Dutch have angered that king by their accustomed trickery, under pretext of the religious who have preached--by reason of which, fearful of new conquests, all his oldtime friendship has been converted in those parts into hatred, and he makes use of severe methods with the Catholics--and that many of the said religious who have gone to that kingdom have acted with some imprudence, causing more trouble than gain. For the remedy of that, he considers it advisable to charge the provincials not to grant such licenses. Notwithstanding that that has been commanded on other occasions, as you will understand by the decrees that have been issued, it has seemed best to me to advise you of it, so that you may pay heed to this matter, and so that you may take such measures as are most advisable for my service and the conservation of those islands.

He also advises us that there is a lack of people in those islands, and that their inhabitants are decreasing in number by reason of the unhealthful climate; and that it would be important to provide a remedy for that, because of the need for it. I charge you to avoid, as far as possible, the giving of passports for granting passage from the islands. The viceroy of Nueva España is ordered to have a care in this, and to send more people than is his regular custom. Madrid, February 16, 1635.

_I the King_

By order of the king our sovereign: _Don Gabriel de Ocaña y Alarcon_

The King. To the auditors of my royal Audiencia of the Filipinas Islands: the letter which you wrote me under date of August 8 of the former year 1633 has been received and examined in my royal Council of the Yndias, and answer is made to you in this present letter.

The reformation that you have made in the licenses that were given by the government for rice-wine stills, in which so great a quantity of rice was consumed, is well advised for the present, as it is beneficial to the common welfare; and if you shall encounter any difficulties in regard to this in the future, you shall advise me of them.

You say that when that Audiencia was governing because of the death of Don Alonso Faxardo de Tenza, they began to introduce the inspection of the prisons of the Parián and of Tondo, on the Saturday of each week, as they are very near that city. Afterward in the time of the other governors, that custom was dropped, as they thought that it deprived them of some of their gubernatorial powers. As it is advisable that more attention be given to the alcaldes-mayor, and that certain annoyances to the prisoners be avoided, the said visits were continued, as they were so advisable to the service of God our Lord and to my own. I charge you to continue them for the present, if there is no disadvantage to prevent it.

The efforts that you have made in regard to the building of a galleon that is being constructed, in the province of Camarines, have met my approval.