The Philippine Islands, 1493-1898. Volume 25 of 55. Unknown
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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,