The Philippine Islands, 1493 1898: Volume XVII, 1609 1616 by Various

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

_The Editors_

July, 1904.

DOCUMENTS OF 1609

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

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

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

LAWS REGARDING NAVIGATION AND COMMERCE

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

Law LVIII

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

Law XXXV

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

Law LXVI

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

Law V

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

Law I

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

Law VI

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

Law XV

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

Law XXXIV

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

Law XLIV

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

Law LXVIII

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

Law LXXI

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

Law LXIV

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

Law XXVIII

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

Law LIV

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

Law XL

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

Law XXVII

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

Law XXIII

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

Law XXXIX

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

Law XVI

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

Law XVII

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

Law XXI

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

Law XXIX

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

Law XLII

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

Law XLVIII

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

Law LIX

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

Law LX

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

Law LXIX

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

Law LXX

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

Law LXXIV

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

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