Chapter VI: Part 6

50. [In order to remedy the neglect, inexperience, and laziness of alcaldes-mayor, castellans, and other officials of villages, forts, and presidios throughout the Philippines, the governor, Francisco José de Obando y Solis, on August 13, 1751, enacts that all such officials must perform their full duty promptly. Annual reports must be sent to Manila regarding the condition of villages, forts, and presidios, discipline, etc. The original reviews, which are to be made monthly, are also to be sent. All priests are urged to send separate reports concerning the same matters. Thus will the demoralized condition of the Spanish forts and presidios--where the soldiers are totally undisciplined, and hence unprepared for any sudden call--and the injuries to the royal treasury, be remedied.]

51. [The same governor, on October 25, 1751, orders that cabezas de barangay cannot, while serving in that capacity, be proposed or nominated as gobernadorcillos or other officials of justice, for from this practice has arisen considerable harm to the royal treasury, because the collection of the tribute is in charge of the gobernadorcillos and officers of justice, and one man cannot well perform two distinct duties. Ordinance 27, governing the election of gobernadorcillos and officers of justice, must be understood with these limitations and restrictions. Alcaldes-mayor and priests are ordered and urged to watch carefully over this matter in order that all frauds against the royal treasury may cease.]

52. [The same governor, in view of the many things that demand immediate remedy, notwithstanding the many government ordinances that have been enacted by his predecessors (because new laws always give rise to new conditions and other abuses), orders governors, corregidors, alcaldes-mayor, and other officers of justice immediately to "issue, and cause to be issued, the most suitable measures, so that in the villages of their districts schools be erected, established, and founded, now and henceforth, where the sons of the natives and other inhabitants of their districts may be educated and taught (in primary letters, in the Castilian or Spanish language). They shall see to it and watch so that the people study, learn, and are taught in this language, and not in that of the country or any other. They shall procure its greatest increase, extension, and knowledge, without consenting to, or permitting any person, of any rank or quality, to violate or disobey this resolution, or schools of any other language to be erected or established, under penalty of five hundred pesos, applied at the discretion of this superior government. But as soon as it is ascertained or learned that any ecclesiastical or secular person is attempting or trying to violate this resolution, his purpose shall be prevented, hindered, and disturbed; and a report of the one disquieting and disturbing, if an ecclesiastic, shall be made, in order that he may be ordered to conclude and not continue [his purpose]; and if a layman, he shall be arrested, and a cause shall be formulated briefly and summarily, his property confiscated, and he shall be sent a prisoner, together with his property, so that the most severe and commensurate penalties may be applied." Ordinance 29, forbidding Spaniards to live in the villages of the natives, is annulled, in order that this may have better effect; but the alcaldes-mayor and other officials must look after and correct their behavior. Such schools are to be established at the cost of the various villages, being paid out of the communal funds established for schools taught in the native language. These latter shall cease in proportion as Spanish schools are established. Future offices conferred on the natives shall be given to those with the best knowledge of Spanish. This ordinance was issued October 19, 1752, as were also ordinances 53-60, which detail the report to be made to the superior government.]

53. [This ordinance commands governors, corregidors, and alcaldes-mayor, now and henceforth, to report to the superior government within a year after taking office, concerning the products and manufactures of their provinces.]

54. [Also the report shall include "the condition of the province; its fortresses, weapons, and defenses; the number of troops in garrison, and their condition; the amount of artillery mounted; the amounts of war supplies, arms, ammunition, and other utensils;" in whose charge they are, and how they are looked after. Separate reports shall be sent from those in charge of the above. Also the best methods for correcting abuses shall be discussed.]

55. [The report shall also give details regarding pay and aid of officers and soldiers, the manner of paying them, their behavior in reviews, how often the latter are held, and by whom.]

56. What bodies of militia exist in the villages and hostile frontiers, and whether they are kept in readiness; with what powers and under what rules they have been created; and whether they must be maintained permanently or only on occasion.

57. [Whether pay is determined on the total number that ought to be enrolled, or whether the proper discounts are made for death and desertion.]

58. [The annual report shall include the census of each village, visita, or mission, the data for which can he secured from the parish priests and missionaries. Also a note must be made of all innovations that occur, and that are worthy of superior notice.]

59. What convents, colleges, and houses of shelter, for education and teaching, exist in each village; their size, construction, and building fund; with the number of religious, and those educated or being educated therein, and in the doctrinas and missions which they own.

60. [The report shall also contain the location of villages and their accommodations, the inclinations of their inhabitants, and whether any intelligent persons are found in them. A map of the province shall accompany the report for the greater intelligence of the superior government, and its use in dictating laws. This resolution (ordinances 53-60) carries with it a penalty of 500 pesos in case of violation, and others at the governor's discretion. In the future, officials shall not leave their residences until they have received the approval of the government for the strict fulfilment of their duties.]

61. [A royal decree, dated Madrid, April 5, 1765, in view of the controversy that arose [in 1764] between Governor Alfonso Hernandez de Heredia and the Audiencia in regard to the opening of the despatches, orders, and instructions belonging to Joaquin de Aguirre, who died in America before he could take his post as governor of Guatemala, to which he had been appointed; and in order that a fixed rule might be laid down: orders that whenever any appointee dies in any American village before he can assume a post to which he has been appointed, the corregidor, alcalde-mayor, or other justices, collect his papers, despatches, orders, etc., and with the notary make an inventory of them, but without examining them, and send the same sealed to the Audiencia of the district (or the governor of the district, if there is no Audiencia), with the first word of each document, its date, and signature, so that the proper measures may be taken, and the judges of the property of deceased persons shall have no authority to meddle in this. This decree is to be communicated to all the justices of the royal provinces, in order that they may so act. Account is taken of this decree in the Manila Audiencia, June 22, 1766. The fiscal, after examining the decree, June 28, 1766, advises that it be observed, and instructions be sent to the judges of the property of deceased persons and to alcaldes-mayor. At a meeting of the Audiencia, July 3, 1766, the advice of the fiscal is acted on fully.]

THE SO-CALLED ORDINANCES OF RAON

Royal ordinances formulated by the superior government and royal assembly of these islands, February 26, 1768, for the proper direction of the governors, corregidors, and alcaldes-mayor of their provinces, relief of the natives, and observance of the laws; ordered to be observed and complied with, by royal act of the same date. Ordered to be printed and distributed by his Excellency Don Rafael María de Aguilar, governor-president and captain-general of the islands by the authoritative decree with which they begin. [118]

[Under date of Manila, September 11, 1801, Governor Aguilar orders the printing of one hundred copies of the ordinances formulated February 26, 1768, and the distribution thereof to the alcaldes-mayor, corregidors, and governors of the provinces. [119] By royal decree of January 17, 1797, an order was given for the revision, correction, and modification of those ordinances; but it has not been done, and only one copy of them is known to exist, and that is not attested. The ordinances are to be registered in the proper places. Copies are to be sent to the bishops and provincials of the orders, so that they may urge the obedience of the ordinances. Each alcalde-mayor is to pay the cost of the printing of the copy sent him. This decree is to precede the printed ordinances. [120]]

[Raón revises the ordinances of Governor Pedro Manuel de Arandía, [121] in consequence of royal decrees of December 4 and 23, 1760, ordering ordinances for the direction of the alcaldes-mayor. The ordinances follow, mainly in synopsis.]

1. [Alcaldes-mayor and other justices are to receive their titles in the usual form, after giving bonds and taking the necessary oath to perform their duties lawfully, to administer justice without self-interest, and impartially, not to take excessive fees or accept bribes, to observe these ordinances and those of the Recopilación, and to promote the welfare of the provinces.]

2. [Since the conduct of the superiors furnishes an example to inferiors, alcaldes-mayor and other judicial officers must furnish a good example to the natives, by carefully observing the laws and rites of religion, and by showing the due respect and veneration to all ecclesiastics. Those of evil disposition shall be rigorously punished in accordance with their offenses.]

3. [Under no consideration shall the Indians be ill-treated by the judicial officials or anyone else, and the laws of título x, book vi, of the Recopilación shall be strictly observed. If the alcaldes-mayor are unable to prevent ill-treatment of the Indians, they shall report the same to the superior government, according to law lxxxiii, título xv, book ii, and law iii, título x, book vi; or to the fiscal of the Audiencia, according to law vi, título xviii, book ii.]

4. [The alcaldes, encomenderos, or any other person, shall not collect gold or money, or accept a loan, or present, from the Indians, or collect more than the just amount from them (law xiv, título xxix, book ii, and laws xlviii, xlix, título v, book vi). Personal services must be paid, as well as the food purchased from them, at the prices of the tariff. If the Indians are forced to buy the products that they sell, they shall buy them at suitable prices.]

5. [The tribute shall be collected only when due, and to the proper amount, both in kind and in money, according to the instructions given out by the royal accountancy. Especial care shall be taken in the examination of the lists and ages of the Indians (law xxiii, título v, book vi), in order that unlawful exemptions from the tribute may not occur, thus wronging the royal treasury. Offenses either against Indians or the royal treasury shall incur a fine of four times the amount, besides a special fine of 200 pesos.]

6. [Exemptions from polos are more common than from tribute. With good reason some have been conceded to villages which have churches to build or to some private persons for distinguished services especially in times of war. [122] All such concessions must be examined by the alcaldes-mayor, in order to ascertain whether they are to the prejudice of the rest of the people, and to inform the superior government thereof. No further exemptions must be granted under penalty of a fine four times the amount of the exemption--except to cantors, sacristans, and porters; to governors, lieutenants, and officers of justice, during their term of office; and to cabezas de barangay, their wives, and eldest sons, and all others exempted by the superior government since 1764. All others conceded before that date shall be revoked until confirmed by the government. Exemptions in the provinces of Cavite, Tondo, Laguna, Bulacan, Pampanga, and Bataan, shall be conceded directly by the superior government; in all other provinces through the alcalde-mayor. The Indian claiming exemption from any payment must present himself with his proofs before the alcalde-mayor.]

7. [Collection of tribute in kind is often severe upon the Indians, because of epidemics (law xiv, título v, book vi), locusts, failure of crops, and other misfortunes. At such times it is quite proper that the Indians be not molested for what they do not possess (law xxii, título v, book vi). However, since the Indians often sham, when it is to their advantage to sell their crops, the alcalde-mayor shall see to it that neither the Indians nor the royal treasure suffer unjustly. If it is necessary to collect in money what ought to be collected in kind, an additional charge of five per cent must be made, in order to cover the increased cost to the government of the products elsewhere for the storehouses, and in order that the Indians may not avail themselves unjustly of excuses from paying in kind when that is to their advantage (law lxv, título v, book vi; law xvi, título ix, book viii).]

8. [This is similar to old ordinance 20 (q.v., ante, pp. 204, 205). To it is added that the alcaldes shall send to each village an account, authorized by the provincial notary, of the distribution of the purchase or bandala so that this may be presented at the residencia, and compared by the judges with the orders given for that purpose, in order to ascertain whether the two tally, and whether there is any excess.]

9. [Whenever it becomes necessary to purchase more products than the amounts regularly fixed, orders to that effect must be issued by the superior government. Extraordinary purchases thus made shall be paid for at the prices current in that particular province where they are bought, and not at the regular price established for royal purchases.]

10. [By law xliv, título v, book vi of the Recopilación, and by ordinance 30 (q.v., ante, p. 210) of the old ordinances, it was ordered that the Indians were to pay the tribute in their own villages, while the cost of transportation to the chief cities of the provinces was to be met by the royal treasury. But the above law treats of tributes in general, and hence includes those of private encomiendas, and is contrary to the laws regarding the royal tributes, namely, law x, título ix, book viii, and law lxiii, título v, book vi. These laws declare that tributes shall be paid in the chief cities of the provinces, or if paid elsewhere, cost of transportation shall he paid by the Indians, and not by the royal treasury. This ordinance therefore amends old ordinance 30, which will prevent the frauds committed by the alcaldes under the name of transportation expenses. Besides, this expense, being so moderate, will not be hard on the Indians.]

11. [This ordinance was intended for the simplification of the accounts of the alcaldes-mayor, and for the prevention of frauds to the royal treasury. By entering in the accounts the amount of the tribute in both money and kind (it being paid in both), there was a confusion of accounts, many back accounts, and frauds through the loss of vessels or pretended fires, etc. The alcaldes-mayor are ordered to compute all the accounts in money, although the tribute shall be collected as heretofore. No certification that the collections have not been made will be received, as such documents are very suspicious. When alcaldes-mayor take office, they shall sign a contract to send in their accounts, and to store in the magazines the amount of the products necessary for the royal service, the value of which shall be reported in money. The rations that are given to the troops or crews of vessels in the various provinces shall be computed also in money, at the price established in each province. This regulation, in accord with the tenor of ordinances 4 and 5 formulated by Arandia, shall be enforced on the appointment of the new alcaldes-mayor to the various provinces.]

12. [The factor of the royal treasury shall make a chart of the products of each province which are needed for the annual provision of the royal magazines, and of the prices in each province, according to the appraisals of the tribute and of the freight that must be paid for transportation, in order to avoid confusion and doubt regarding the same. The freight is charged according to the distances and the risk in transportation. The chart shall also give the amount of the stipend for each province that is paid in kind, computed in money, as well as the prices for the food furnished to the royal vessels, and the rations for the troops. The alcaldes are to take receipts for all that they shall deliver, and place the same in their accounts in money value according to the chart.]

13. [Since the products of the royal bandala or purchase are to be brought to the royal magazines, another chart, expressing the prices paid in such purchases, transportation charges between villages, and sea freights to the royal magazines, shall be made for each province, in order to avoid fraud and confusion.]

14. The pay of their stipends to the curas and ministers of the missions, as well as the [payment for the] other ordinary expenses of each province, shall be made by the alcaldes-mayor, according to the instructions of the royal officials, and the orders of the superior government, and they shall be bound literally by those orders.

15. [The payment of the stipends of the curas and missionaries in money and not in kind is advised, in order to avoid all contentions such as are wont to occur between them and the alcaldes-mayor. The former always collect in the method most convenient to themselves, which is often to the prejudice of the royal treasury. Since there is no longer a reason, as at the beginning, for paying the stipends in both money and kind, law xxvi, título xiii, book i, of the Recopilación ought to be observed, according to which the stipend should be paid in money. The practice of paying the stipends in the villages hitherto practiced, and not compelling the curas and missionaries to have recourse to the royal treasury (according to law xix, of the above título and book), should be continued.]

16. [The alcaldes-mayor shall send annual reports to the superior government whether the sacrament has been administered in their houses to sick Indians, whether this has been neglected by any curas and missionaries, or whether the latter have caused the sick to go to the churches to receive it. If they have been thus remiss, the stipends shall not be given them, and if paid them by the alcaldes-mayor shall not be credited to them (which is in accordance with law xxvi, título xiii, book i, of the Recopilación, and the royal decree of June 11, 1704, which is, however, not to be observed in general).]

17. [The Indians are to have the administration, teaching, and instruction necessary, but are not to be molested and vexed unjustly by the curas and missionaries (see Recopilación, título xiii, book i). They must not be assessed anything, or such assessment shall be discounted from the stipends of the curas and missionaries.]

18. [In view of the poverty of the royal treasury, and the opulence of the curas and missionaries, who receive excessive stipends--since, although a village may have but one parish priest, he may collect two, three, four, or more stipends, according to the number of tributes--it is ordered that but one stipend be paid in each village, notwithstanding its size (in the same manner as if it had only five hundred tributes): The money saved thereby shall be paid out to the benefit of the public cause.]

19. [Law i, título iv, book vi, of the Recopilación, recommends that the communal fund of the native villages be an object of especial attention, and that one real from each whole tribute be paid into it. The collection for this is to be made by the alcaldes-mayor under bond, and they must report and send amounts to the royal treasury, distinctly stating the amount belonging to each village. The royal officials are to enter this account under separate headings, as provided by laws ix and xi of the above título; and this fund must be reserved for the purposes expressly stated by the superior government.]

20. [When the amount of the communal funds has reached a sufficient figure, one of the auditors especially appointed by the superior government shall with the fiscal and royal officials purchase annuities or invest the money in sea or land enterprises. The gain therefrom shall be applied to the maintenance of seminaries for Indians of both sexes, "which ought to be established in each province for the education and secular and Christian instruction of their natives, as the only means by which they can be instructed perfectly in the mysteries of our holy faith, and so that they may be good Christians and better vassals." This is according to laws xvii-xix, título iii, book i, of the Recopilación.]

21. [Neither the alcaldes-mayor nor any other person may, without special government permission, spend anything from the communal funds, outside of the common obligations of each village--namely, expenses for cantors, sacristans, and the porter of the churches; the schoolmaster; the election fees of the gobernadorcillos, and their salaries; and the three per cent paid for the collections of the communal funds.]

22. [Each village shall have a chart showing the condition of its communal funds. This shall show receipts and the fixed expenses as above outlined.]

23. [Each alcalde shall leave his successor a record of said chart, taking a receipt for the same in order to present it to the royal accountancy. This shall be compared later by the royal officials with the accounts as handed in by his successor.]

24. [Villages of more than 500 tributes shall have eight cantors, two sacristans, and one porter, each of whom shall be paid from the communal funds the customary amount of rice annually, namely, 4 fanégas of palay of 48 gantas. Villages of 400 tributes shall have six cantors; 300, five; 200, four; and no village shall have less than the last figure. All churches having a cura or missionary shall have two sacristans and one porter. There has been much abuse in this matter, and the alcaldes-mayor are cautioned to have especial care in enforcing this ordinance, under penalty of a fine of 200 pesos.]

25. [It is important that each village have good teachers to instruct the Indians in the Spanish language; but the monthly salary granted to teachers by the communal fund, namely, one peso and one cavan of rice, is very little. Consequently, the alcaldes, with the aid of the curas and missionaries, are ordered to regulate the salaries in proportion to the tributes, reporting the same to the superior government and the royal accountancy, so that better teachers may be secured and law xviii, título i, book vi, of the Recopilación, may be better realized.]

26. [The law enacted by Governor Arandía, arranging for the expenses of media-anata and title of certain poor and old notables to be taken from the communal funds of the villages, in order that such men might serve as gobernadorcillos and the villages not be deprived of their services, is to be observed, the only condition being that the poverty must be very great, and such men very useful to the community.]

27. [No Indian tanores shall be set aside for the service of the curas, missionaries, alcaldes-mayor, or any other person, except those mentioned in ordinance 24. Those serving as cooks and servants shall not be exempt from tribute, polos, or personal services; nor shall they serve against their will. They shall receive the pay fixed by law, and accustomed to be paid to private individuals, according to law lxxxi, título xiv, book i, of the Recopilación.]

28. [If the curas and missionaries need rowers for the administration of the sacraments, and the alcaldes-mayor, for matters of the royal service, they shall not pay the Indians for such service, and shall allot said rowers by polos. Otherwise, each rower shall be paid one-half real per day and his food between Manila and Mariveles; beyond, the pay shall be regulated according to the tariffs of the various provinces.]

29. [Eight baguntaos shall be chosen in each large village each week to accompany the most holy sacrament, when it is taken to the houses of the sick, and to aid in the mass, and other matters of the divine service. Villages of five hundred tributes shall have six baguntaos, and smaller ones, four. They shall receive no pay, but shall not be employed in other matters, unless they are paid therefor, under penalty of deprivation of office to the gobernadorcillo or judicial official who permits it; and the alcalde-mayor who is aware of this and does not remedy it, shall pay the amount due such Indians, and a fine four times as great.]

30. [Girls and women must not be employed in the missions in pounding rice among the men; neither shall they be employed to sweep the cemeteries of the churches, or the houses of the curas and missionaries; for this results often in great sin, and is contrary to the laws of the kingdom, especially law xi, título xiii, book i, of the Recopilación. Alcaldes-mayor shall not permit this under a charge of the same in their residencia, and a fine of 500 pesos, in accordance with the ordinance of November 23, 1757, which was enacted because of the many complaints. Those suitable for such duties are the old and crippled who have been exempted from tribute, and the schoolboys (of whom the curas may make use freely so long as they are schoolboys, but no longer.) Alcaldes-mayor shall not employ women; and gobernadorcillos shall not make use of the services of schoolboys to the detriment of their instruction.]

31. [The Indians shall not be required to supply the curas, missionaries, or alcaldes with fish. If the latter permit this, they shall have to pay for the fish at a just price, and a sum four times as great as a fine, and shall be deprived of office perpetually, as transgressors of law xii, título xiii, book i, and law xxvi, título ii, book v, of the Recopilación.]

32. [In order that curas and missionaries may not be compelled to go without cooks and necessary servants because the Indians are unwilling to serve them, the gobernadorcillos of the villages shall furnish men for such service (not to exceed four in the large villages). From the stipend of the curas and missionaries, they shall be paid one real per week, and be given their food. In villages too small to warrant this expense on the part of the ecclesiastics, the village shall maintain the servants, and they shall not become an expense on the royal treasury.]

33. [Similar to ordinance 22 (q.v., ante, p. 206). This ordinance adds that deprivation of office shall be the penalty to the secular person violating its orders, while the ecclesiastical person who violates it shall be proceeded against according to law.]

34. [Similar to ordinance 9 (q.v., ante, pp. 197, 198). The prices in Tondo and the coast of Manila are as follows: "one hen, one and one-half reals; one dumalaga, three cuartillos; and one chick, four granos." This ordinance is in accordance with law i, título xvii, book iv.]

35. [This ordinance cites and reiterates ordinance 42 of the old regulations (q.v., ante, p. 219), and is in accordance with law xliii, título vii, book i of the Recopilación.]

36. [Alcaldes-mayor and census-takers shall not exact the two reals from the natives which they are accustomed to take as a fee for enumerating them, under penalty of a fine of 500 pesos, and a sum four times as great as that they shall be proved to have taken. This ordinance shall be a special charge in the residencia.]

37. [Alcaldes-mayor shall be governed by law xxix, título viii, book v, of the Recopilación in regard to fees for suits and other matters. The government secretary shall send a list of all fees that may be received to all the provinces, which shall be translated into the native languages and published by proclamation, and posted in the court, so that the Indians may know their rights and make the proper complaint at the time of the residencia. The employees of the royal treasury are liable for the fees which they also exact unlawfully, and which they are accustomed to take from the cabezas de barangay and the other natives.]

38. [Similar to ordinance 8, of the old ordinances (q.v., ante, pp. 196, 197).]

39. [Similar to ordinance 24, of the old ordinances (q.v., ante, pp. 206, 207). This ordinance in its several parts is in accordance with laws ii and xxi, título vi, book vii, of the Recopilación.]

40. [This ordinance forbids alcaldes, justices, gobernadorcillos, and officials of the villages to impose any tax on the Indians. It is similar to ordinance 5 of the old ordinances (q.v., ante, p. 195), and is in accordance with law vi, título xv, book iv of the Recopilación.]

41. [No tax shall be imposed on the Indians such as has been the custom, for taking clay from any common place with which to make vessels, or for the manufacture of salt, or an annual payment for each beast or tree that they own, or other unjust impositions. The alcaldes-mayor shall report all such exactions.]

42. [Similar to ordinance 11 of the old ordinances (q.v., ante, p. 198), which is in accordance with law xxii, título xiv, book i, law xi, título xvi, of the same book, and law xxxvi, título iii, book iii, of the Recopilación.]

43. [Similar to ordinance 14 of the old ordinances (q.v., ante, p. 199).]

44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of the Recopilación.]

45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]

46. [This ordinance cites ordinance 41 of the old ordinances (q.v., ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought--as, under the system of collection by the priests, confession is often denied until payment is made--it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]

47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v., ante, pp. 210, 211).]

48. [Inquiry shall be made as to whether any Bilitaos and Casonos are exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry, maganitos [i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]

49. [Ordinance 43 of the old ordinances (q.v., ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses for gambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month's imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]

50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]

51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, another ten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated. [123]]

52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga, [124] under penalty of paying a fine four times as large.]

53. [The territory of native reductions and villages is declared communal, and at the time of the erection of any village, lands must be apportioned to the Indians, according to law viii, título iii, book vi of the Recopilación. No land-tax or rent is to be paid for such land, it being the royal will (law xliv, título xii, book iv) that the Indians have lands allotted to them for planting and working, as ordered in laws xxi and xxiii, título i, book vi, and law xiv, título xii, book iv. [125] These lands may not be sold without permission, some advantage gained thereby, and the intervention of the royal fiscal, as prescribed in law xxvii, título i, book vi, law xxxvi, título xviii, book ii, and law xvi, título xii, book iv. If claim is made to the lands by any Spaniard or mestizo, or any secular or ecclesiastical community, they shall prove their claims in a short limit of time before the alcaldes-mayor, who shall forward the records to the royal Audiencia for its decision. If their titles are not presented within that limit, the Audiencia shall also judge the legitimacy of the claim. It has always been the royal purpose that lands shall not be sold or apportioned to the injury of the Indians and their reductions; and it is prescribed by laws vii, ix, xvii, and xviii, título xii, book iv, that lands given to the injury of the Indians shall be restored to their owners. Lands belonging to Indians who die without heirs revert by law xxx, título i, book vi, to the king; and it is prohibited by law x, título xii, book iv, that lands allotted to explorers or settlers be sold to ecclesiastical communities or persons, under penalty of being confiscated and allotted to others. This ordinance is to be observed by alcaldes and ministers of justice under severe penalties, and it is to be published by proclamation in the villages, for it is of great importance to the state that all the Indians have the necessary lands. Individual mention is to be made of those villages that do not have such lands and the government will provide them so far as possible, giving the lands to those who possess them with just title. In addition to the lands which the Indians ought to have in their private capacity, each village ought to possess communal lands which are to be cultivated for the common benefit, and the products of which are to be incorporated in the communal fund--from which roads can be repaired, highways and bridges built, the royal buildings repaired, and other necessary works carried on without any burden to the Indians.]

54. [Indians employed on any of the public works shall labor only from the rising to the setting sun, with one and one-half or two hours for rest at midday. The rest of the time they must be made to work diligently. If any pressing necessity requires, however, such as the making of rigging, or other things for the royal service, alcaldes-mayor are empowered to lengthen the hours of labor, making the work as easy as possible for the Indians, and increasing the pay proportionally with the hours. Likewise, if the hours are diminished, the pay shall be proportionally diminished.]

55. [Much trouble is caused by the actions of various officials in regard to the allotment of Indians for the cutting of timber and other royal services, because they accept a money payment of five pesos, three reals from many who are thereby excused from taking part therein--a sum which is kept by the said officials. Besides, they collect from the royal treasury the amount of the rations that the total number of Indians would use. In order to stop this practice, it is commanded that all the Indians allotted to any royal service, or their substitutes, take part in it. This is the only way in which to prevent the frauds practiced by the cabezas de barangay and the foremen of the cutting gangs. Alcaldes, justices, and officials of the villages are to obey this ordinance strictly, under penalty of deprivation of office, a fine four times as great as the amount of the loss occasioned by them, and a further fine of 500 pesos, imposed on the alcaldes. The latter shall get a statement from the father chaplain and the foreman of the cutting gang, of the number of Indians of his province who take part in the cutting, and shall report the same to the superior government]

56. [The Indians are prohibited from wearing gold and silver ornaments on their clothes, unless the gold and silver is wrought by a goldsmith or by a silversmith, under the penalty that the Indian timaua wearing such shall be punished with fifty stripes, and confiscation of the clothes so ornamented; while the chief shall be imprisoned for one month, and his clothes so adorned shall be confiscated. The second offense shall be double this, besides some money fine.]

57. [Similar to old ordinance 10 (q.v., ante, p. 198). Stress is laid on the rivers coming to Manila from the provinces of Laguna, Pampanga, and Bulacan.]

58. [Similar to old ordinance 33 (q.v., ante, p. 211).]

59. [Similar to old ordinance 23 (q.v., ante, p. 206).]

60. [Similar to old ordinance 25 (q.v., ante, p. 207).]

61. [In part the same as old ordinance 26 (q.v., ante, pp. 207, 208). This ordinance provides in addition as follows. Alcaldes-mayor, in whose charge, according to the new rules, the distribution of the bulls of the Crusade have been placed, are to appoint as collectors and treasurers (prescribed by ordinance 11 of the Crusade instructions) either the gobernadorcillo or one of the cabezas de barangay of the respective villages, and not any Indian who pays tribute; for since the former are the most prominent men in the village and the responsibility of the tributes, as collectors and treasurers, devolves on them, this will result in greater profit to the royal treasury. Each appointment made by the alcaldes in violation of this order shall incur a penalty of 100 pesos.]

62. [Similar to old ordinance 7 (q.v., ante, p. 196). This ordinance adds: "And if the alcaldes do not comply with all the contents of this section, and of laws xi, xiii, xv-xvii, xix, xxii-xxiv, xxvi, xxviii, xxix, and xlii, título ii, book v, of the Recopilación de Indias, a charge as infractors of this section will be made against them in their residencia."]

63. [This ordinance contains the prescriptions of old ordinances 53-60 (q.v., ante, pp. 224-226).]

64. [Alcaldes-mayor, within three months after having suffered their residencia, shall go to Manila, and their successors shall compel them to this step, in order that they may present their accounts of the royal revenues. If they stay in the provinces thirty days after the conclusion of their residencia, they and their successors shall be fined 1,000 pesos.]

65. [This ordinance cites old ordinance 36 in full (q.v., ante, p. 213), and prescribes its observance.]

66. [Since but little profit has been obtained from the raids allowed to be made according to old ordinance 35 (q.v., ante, pp. 212, 213), as they are made with Indians who have friendship and trade with those of the mountains, and who, consequently, always give warning of such raids to the latter, while expenses roll up rapidly to no advantage, it is ordered that no raids be made in the future unless by order of the superior government. In case of necessity, the alcalde-mayor shall report to the superior government the necessity for the raid, the number of men necessary, the time it will take, and the expense, his report to be accompanied by a certified statement of the cura or missionary. In case time will not permit the awaiting of special orders from the superior government, the alcalde-mayor may, with the consent of the cura or missionary, make the raid; after which he shall send full reports of the same to Manila, with certifications of the father minister, in order that the expenses may be allowed. Alcaldes-mayor shall mutually aid one another on all raids.]

67. [Alcaldes-mayor or their agents shall not buy houses, lands, or ranches in the territory of their jurisdictions during the time of their office, nor allow their notaries or alguacils to do so, under penalty of 500 pesos' fine. They shall not build nor allow to be built any boat for transportation without the express permission of the superior government; and the work of Indians thereon shall be paid at the rate of the tariff. Such construction shall be made in places having the spiritual and temporal administration, under the above penalty. The alcalde-mayor obtaining government permission, shall inform the gobernadorcillos of the villages of his province of all the conditions, so that the Indians may lodge complaint of all injuries offered them during the construction, and obtain justice therefor. The same rule holds good for all work done for the alcalde-mayor, and payment shall be with the intervention of the father minister. Likewise work done for the latter shall be paid by him in the same manner with the intervention of the alcalde-mayor, and in absence of the latter, with that of the gobernadorcillo of the village, who shall report fully to the alcalde-mayor, so that he may remedy all abuses. This is in accord with law xi, título xiii, book i, of the Recopilación.]

68. [Alcaldes-mayor, corregidors, and other officials are allowed (by a royal decree of July 17, 1751) to trade in their provinces by reason of a payment made to the government, and mistakenly called an excise tax. They shall not, on account of that privilege, injure the trade of the Spaniards and Indians of their jurisdiction, but shall allow them to trade freely, without exacting from them any payment under pretense that it is an excise tax. Nor shall they be allowed to buy at rates lower than the others. Violation of this ordinance, which is to be proclaimed annually in the villages, and to be a charge in the residencia, incurs the penalties of deprivation of office, a fine of 500 pesos, and other penalties that may be imposed.]

69. [Similar to old ordinance 18 (q.v., ante, p. 203). The penalties assigned are restoration of what has been weighed or measured by unjust weights and measures, and a fine of 500 pesos to the alcalde-mayor allowing the use of such weights and measures, and the payment of the amount lost, with four times as much to the treasury.]

70. [Interprovincial trade of the various products shall not be prohibited, as such prohibition is in violation of law viii, título xviii, book iv and law xxv, título i, book vi, in accordance with which laws trade is to be encouraged. The Indians may cut timber in accordance with law xiv, título xvii, book iv. The desire for gain, however, shall not be allowed to cause the Indians to send out of any province the products necessary for its conservation. This may be prohibited with the consent of the father minister, from whom the alcalde-mayor shall ask a certification for his own protection. Without that certification, he shall not make such prohibition, under penalty of the penalties of the preceding ordinance. The natives shall pay no fees for the privilege of interprovincial trade; and, if any alcalde-mayor violates this, he shall incur a fine of 100 pesos, besides the responsibility of making good all the loss occasioned by his action. This shall also be a charge in the residencia.]

71. [This ordinance relates to the encouragement of the increase of the produce of each province, for which all alcaldes-mayor and other officials must work, under penalty of punishment for neglect and disobedience. The products best suited for each province are to be especially encouraged, whether of useful trees, wheat, and other grains, vegetables, cotton, pepper, etc., or domestic cattle. Each Indian shall have at least twelve hens and one cock, and one sow for breeding purposes. Factories for the making of textiles and rigging shall be encouraged and increased. Alcaldes-mayor shall strive especially to wipe out the vice of laziness--which is the chief vice among the Indians, and the origin of all their other vices--by mild means, but if necessary by harsh ones, as this is so important for the general good, in accordance with law xxi, título i, book vi. Those who do not, within two years, work in their fields and gardens and cultivate their lands shall lose them. Especial care shall be taken of this during the visit, and annual reports shall be made by the alcaldes-mayor, who shall be careful to state increase.]

72. [Similar to old ordinance 32 (q.v., ante, p. 211).]

73. [Since the laziness of the Indians is so prejudicial and the origin of many vices, especially incontinence and theft; and since it is against law xxi, título i, book vi of the Recopilación, to permit laziness among them: it is ordered that all Indians engage in some work, either the cultivation of land or the rearing of cattle, as outlined in ordinance 71. Gobernadorcillos shall be ordered to watch carefully to see that this ordinance is obeyed, and alcaldes-mayor shall verify their statements at the time of the visit. Lazy Indians shall be forced to labor at the public and royal works of the province for so long a time as the alcalde-mayor shall determine. Lands of the villages allowed to lie uncultivated for one year shall be taken from their owners, and given to other Indians who are more industrious, in accordance with law xi, título xii, book iv.]

74. [Alcaldes-mayor shall prefer for all honorable posts, such as that of gobernadorcillo, those Indians who are most industrious in the cultivation of their lands, the planting of trees, and manufactures, reporting the same to the superior government.]

75. [In view of the many infractions of old ordinance 37 (q.v., ante, pp. 213-215), that ordinance is repeated with strict orders of observance, under penalty of loss of office, a fine of 500 pesos, and charge in the residencia.]

76. [This ordinance cites old ordinance 16 (q.v., ante, pp. 199-203), but adds that the new order of the royal decree of April 17, 1766 must be observed. This decree orders that all the Catholic Sangleys who committed excesses during the time when the English occupied Manila shall be expelled from the Philippines, only true Christians being allowed to remain, according to law viii, título xviii, book vi of the Recopilación. These Sangleys are to be assigned to the respective territories and villages which are deemed best. They shall not be allowed to carry weapons of any sort, and shall be employed only in agriculture and the trades. They shall not be allowed to leave their respective villages except by permission of the justice, governor, or alcalde-mayor to whom they are subject, under penalty of perpetual exile from his Majesty's domains.]

77. [Old ordinances 20 and 21 (q.v., ante, pp. 204-206), which are in accordance with law xxii, título iii, book vi, of the Recopilación are repealed by ordinance 52 of the present ordinances; and Spaniards are permitted to live among the Indians (as seems in harmony with law xviii, título xv, book i), the alcaldes being ordered to see that they live as good Christians. Since experience demonstrates that the residence of Spaniards in the provinces is advantageous for the instruction of the Indians in the Spanish language, for the cultivation of their products, and for the encouragement of their trade (in accordance with law xxiv, título i, book vi), the alcaldes-mayor are ordered to aid the Spaniards resident in their provinces as much as possible, and to forbid residence therein only of those who are vicious and mischievous.]

78. [Similar to old ordinance 28 (q.v., ante, p. 209).]

79. [This ordinance prescribes the method of holding the elections for gobernadorcillos (see old ordinance 27, ante, pp. 208, 209). Elections shall be held at the beginning of each year, in the royal buildings, and nowhere else. If held elsewhere, they shall be considered null and void, according to Arandía's ordinance no. 11; and the alcalde or justice violating this order shall be fined, and the notary making the records shall lose his office. The voters in the elections shall be the twelve senior cabezas de barangay. If any of these are absent, by reason of sickness or other cause, the number shall be completed from the other cabezas de barangay, observing strict seniority always. If there are not enough cabezas de barangay, the number of twelve voters shall be completed from the senior notables of the village. With these the retiring gobernadorcillo shall vote, and they shall nominate three trustworthy persons for the post of gobernadorcillo, reporting the number of votes received by each. These nominees must be able to read, write, and speak Spanish. The ballot shall be secret, and be attested by the notary. The alcalde-mayor or the justice shall preside at the election, and the father minister may be present "if he please, in order to represent what he considers advisable, and for no other end." The results of the election shall be sent, stamped and sealed, to the secretary of the superior government, and the appointment of gobernadorcillo shall be made from Manila, and the proper title despatched, while the other officials necessary shall be appointed as heretofore. This applies to the provinces of Tondo, Laguna, Cavite, Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces distant from Manila, elections shall be held in the same manner, and appointments made by the alcaldes-mayor or justices, who shall be furnished with blank titles, which they shall fill out. No man shall assume office without the proper credentials. Names of all appointees shall be sent to the superior government and entered in the proper books, as well as the fees of the credentials and stamped paper. The fees of media-anata shall be collected from all gobernadorcillos and other officials, the amount of such fees being entered in the royal treasury annually. The royal officials, on their part, shall see that all fees are paid, and shall ascertain from the alcaldes and justices the number of gobernadorcillos in the various jurisdictions, so that they may check up the records properly.]

80. [Retiring gobernadorcillos shall hold office until all fees have been met by the newly-elected gobernadorcillos.]