The Philippine Islands, 1493 to 1898 by Various
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Various >> The Philippine Islands, 1493 to 1898
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_Laws._--First, we ordain and command that none of the said Chinese
Sangleys, or any other persons whatsoever, shall commit or practice
the said abominable sin against nature, or try to commit it. Whoever
shall do so shall incur the penalty of being burned alive by fire,
beside having all his goods confiscated to the treasury of his Majesty.
_Item_: We ordain and command that none of the said Sangleys shall
dare to make or coin any sort of silver or gold money, or of any other
metal, nor shall they clip or scrape money already made, or make use
of it, under the penalties contained in the above ordinance.
_Item_: We ordain and command that none of the aforesaid shall cohabit
or have carnal intercourse with any [Spanish?] woman or Christian
Indian woman, under the penalty that, in such case, he shall incur
a punishment of two hundred lashes and ten years in the galleys,
as criminals sentenced to row, without pay, and of the confiscation
of one-half his property, to be applied as above stated.
Further, we ordain and command, that none of the said Sangleys,
for any reason or consideration, shall buy from negro slaves or
freemen, Indians or mulattoes, any gold jewels, trinkets, garments,
or any other articles which they sell; but when the said Sangleys go
to them, they shall arrest them and take them before the magistrate,
under penalty that whoever shall disobey this decree shall fall under
and incur the penalties incurred by robbers, and said penalties will
be rigorously executed on their persons and goods.
And in order that the aforesaid shall be observed and executed without
remission of penalty, and so that no one may pretend ignorance, we
order that these ordinances shall be publicly proclaimed in the public
square, in all other public places of this city, in the Sangley Parian,
and in the village of Tondo, in order that everyone may know of them;
and in each one of the said places a copy of them, written in the
Chinese language, shall be posted. No person shall dare to remove the
said placards, under penalty of two hundred lashes. We order all the
alcaldes-mayor of the environs of this city to have them published and
made known to the natives. We request and charge all the religious to
give instructions to the said Indians, and cause them to understand
these laws and ordinances, and the penalties attached thereto. Given
in the city of Manila, on the twenty-sixth of January, one thousand
five hundred and ninety-nine.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almacan_
The licentiate _Albaro Cambrano_
By order of the royal Audiencia:
_Pedro Hurtado Desquibel_
_That the official judges shall not grant collections to any collectors
who have not rendered an account and payment of collections that have
been in their charge._
In the city of Manila, on the twenty-seventh of January, one thousand
five hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas it has come
to their knowledge that the official judges of the royal exchequer
of the king our sovereign, in these said islands, grant commissions
to certain collectors to make collections from the encomiendas that
pertain to his Majesty's royal crown, who, by virtue thereof, make the
collections; and that it often happens that, without their rendering
any account and payment of them, the said officials again grant them
commissions to make the collections, to the great harm and prejudice
of the royal exchequer, from which many difficulties may result:
therefore, in order to correct the aforesaid evil, they ordered,
and they did so order, that the official judges, now and henceforth,
shall under no consideration grant commissions to any collectors to
make any collections for the royal exchequer and crown, without their
having rendered account and payment of former collections entrusted
to them--under penalty of paying out of their own pockets what such
collectors shall appear to owe the royal estate, as soon as such is
evident, besides undergoing and incurring a fine of two hundred pesos
of common gold (this fine to be applied to the royal treasury of the
king our sovereign), to which sum, from that moment, they declared that
they condemned, and they did so condemn, any one who should disobey
this decree. By this act it was so provided, ordered, and affirmed.
_Don Francisco Tello_
The other honorable auditors signed the above.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the clerk of court shall bring to the first
meeting a minute of the fiscal suits._
In the city of Manila, on the twenty-eighth of January, one thousand
five hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas in the
archives of the office of the present clerk of court, many fiscal suits
are pending, as well as others which have been concluded, in which
his Majesty's royal office is interested; but, not knowing which ones
are concluded, the others are not concluded and finished: therefore,
in order that those that are concluded may be known and settled,
they ordered, and they did so order, me, the undersigned clerk of
court, to bring a copy and minutes of those that are concluded, and
[of the suits now pending,] to the next session which shall be held,
in order that they may examine them and provide what is most advisable
therein. By this act it was so provided, ordered, and decreed.
_Don Francisco Tello_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that a book be made in which to enter the fines
applied to the poor of the prison and other pious works, and to the
courts, and the manner of their distribution._
In the city of Manila, on the twenty-eighth of January, one thousand
five hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancilleria of the Philipinas Islands declared that,
whereas the aforesaid Audiencia imposes certain fines of small amounts,
some of which are applied to the poor of the prison, and others to the
courts and other pious works: therefore, because it is advisable that
there should be an account and report of these moneys, and of their
source and the manner of their distribution, they ordered, and they
did so order, a book to be made in which to enter the said penalties,
applied as aforesaid, with the day, month, and year, in what cases
they are imposed, and likewise a report of how they are expended and
distributed; and this shall be done with all clearness, so that the
aforesaid may be evident for all time. This act is to be placed at
the beginning of said book. So they provided, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing the collection of all the debts which are in any
way owed to the royal treasury of the king our sovereign._
In the city of Manila, on the thirtieth of January, one thousand
five hundred and ninety-nine, the president, and auditors of the
royal Audiencia of the Philipinas Islands declared that, whereas
the licentiate Geronimo de Salazar y Salzedo, fiscal of this royal
Audiencia for his Majesty, has made them a report, declaring that the
royal treasury of the king our sovereign, in these islands, cannot
succeed in paying many of its debts, on account of failure to collect
many that have been due it for some time past; and has besought and
supplicated them to order that the royal official judges shall, within
twenty days, exert all possible diligence to collect everything that
is due the said royal treasury for any reason whatever: therefore,
in order to provide a remedy for the aforesaid difficulty, they
ordered, and they did so order, that the said official judges should
be notified that, within the two months next following the date on
which this act shall be made known to them, they shall collect all the
debts that are in any manner owed to the royal treasury, from all and
any persons whatsoever, and from their goods, exerting therein all
necessary diligence. They are to proceed with the necessary rigor
to do this effectively, being warned that if they do not collect
the said debts, to be liquidated within the said period, all that
shall remain uncollected they will be obliged to pay out of their
own property. For the debts which shall not have been liquidated,
they shall observe and execute the act of this royal Audiencia, which
has been made known to them, under the penalty thereof. By this act
they so provided, ordered, and decreed.
[No signature.]
_An act decreeing that it shall be proclaimed in this city, in the
public places thereof, that within three days all natives residing
therein, not servants or otherwise employed, shall leave this city._
In the city of Manila, on the eleventh of February, one thousand
five hundred and ninety-nine, the president and auditors of the
royal Audiencia of the Philipinas Islands declared that, whereas the
licentiate Geronimo de Salazar y Salzedo, his Majesty's fiscal in
this royal Audiencia, protector of the natives of these said islands,
has made a report to the effect that there are many natives who are
vagabonds in this city, as a result of which they fall into various
vices dangerous to this community; and that rice and other provisions
have become high-priced and scarce; and as a remedy, he has requested
and petitioned the aforesaid president and auditors to provide in
this regard what is most advisable: therefore, they declared that they
ordered, and they did so order, that, within three days from the date
of this act, it shall be proclaimed to all and whatever natives are and
reside in this city, who are not employed as servants to the Spaniards,
or in some known occupation, that they must leave the city and return
to their own villages, to remain and live therein. Nor shall any other,
now and henceforth, remain in this city, under penalty, to anyone who
shall disobey this decree--for the first time, of one hundred lashes;
and for the second offense, one year of service at the oar in his
Majesty's galleys, without pay--on whom they declared that, as soon as
they condemned them (and they did so condemn them), the said penalty
shall be executed without leniency. In order that it may come to the
notice of all the said natives, and that no one may pretend ignorance,
this act shall be proclaimed in the Tagal language, in this city, in
the public places thereof, and in the hamlet of Tondo, and testimony
shall be taken thereof. Thus they declared, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act concerning the order which the alcaldes-in-ordinary and the
alguazil-mayor of this court must observe in their seats._
In the city of Manila, on the fifth of March, one thousand five hundred
and ninety-nine, the president and auditors of the royal Audiencia of
the Philipinas Islands declared that, whereas some dissensions and
difficulties have occurred between the alcaldes-in-ordinary of this
city and the alguazil-mayor of the court of this royal Audiencia, in
the churches and public places where they have met, in regard to the
seats and places which each shall occupy, and their precedence--so
that it has resulted in their coming to blows, to the great scandal
and indecorum of their offices, and particularly in contempt of this
said royal Audiencia: therefore it is necessary in this matter to
provide some regulation to be kept and observed in like cases by the
aforesaid officials, so that the said disturbances shall cease. In
order that the said alcaldes-in-ordinary of this city shall keep
their known seats and places, and that they may be separate from
the said alguazil-mayor and from the ministers of this said royal
Audiencia, they declared that they ought to order, and they did so
order, that, when the alguazil-mayor of this court shall be present
in any of the churches of this city, without the president, auditors,
and fiscal, or any others whom he might join, he shall not take any
seat or bench belonging to the alcaldes-in-ordinary or regidors (nor
shall any other individuals occupy them, or sit in them, or intrude
themselves among them in any part or place that shall be given them),
but shall place and keep his chair and seat in some distinct and
fitting place, as does the president, the Audiencia, or any of the
members thereof. Likewise, in the processions and parades through the
streets, funerals, betrothals, passage of retinues, and other like
occasions on which the towns-people gather, the said alguazil-mayor of
the court, finding himself alone, without any of the aforesaid persons
whom he might accompany, shall refrain from going in company with them
[the alcaldes] in any manner--whether invited, or of his own accord;
whether the city's alcaldes go as a municipal body, or as individuals
to such functions; or whether they are not present at them. Meantime
the question is being considered and consulted as to what is to be
done and observed in all the above matters, and what it is advisable
to do in the future, and whether this royal Audiencia should make any
further provision. All the above shall be observed and fulfilled by
the said alguazil-mayor of the court, and the alcaldes-in-ordinary
of this city, without their having any wrangling or differences, or
any scandal--being warned that, if they do so, proceedings will be
instituted against the guilty persons who violate the order; and they
shall be punished to the full extent of the law. By this act they so
voted, ordered, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almacan_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the taxing officer of this royal Audiencia shall
be notified to fix the costs in the suits, either personally, or by
some other intelligent person whom he shall name for this purpose._
In the city of Manila, on the sixteenth of March, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas it has
come to their notice that the taxing officer of this royal Audiencia
does not fix the costs in the suits that are brought there: therefore,
because it is advisable that the above officer fulfil the obligation
of his office, as his Majesty ordains and commands, and that the
inconveniences which arise from this be avoided, they ordered, and
they did so order, that the said taxing officer should be notified
that, now and henceforth, in whatever processes shall be brought for
consideration in this royal Audiencia, whether definitive or under
any plea whatever, the costs shall be fixed by him (thus complying
with the tenor of the royal ordinance treating of this matter),
either personally, or by some other intelligent person whom he shall
designate for the said purpose, and shall appoint in his place, who
shall be a person fit for the said service. They ordered the clerk
of court of this royal Audiencia to be present at those suits which
shall be brought for consideration in the manner above mentioned,
before the said taxing officer, in order that he may fix the costs
therein; and, regarding the aforesaid, they charged one another's
consciences. By this act they so voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that Doctor Antonio de Morga shall take the
residencia, for the months of January and February, of the deputy
regidors, within the limit of ten days._
In the city of Manila, on the sixteenth of March, one thousand
five hundred and ninety-nine, the president and auditors of the
royal Audiencia of the Philipinas Islands declared that, whereas,
for the past months of January and February of the present year,
up to the present time, no residencia for the use and exercise of
their offices has been taken of the deputy regidors of this city,
it is fitting and necessary that it be taken immediately: therefore
they appointed, and they did so appoint, Doctor Antonio de Morga,
auditor of this royal Audiencia, for a term of ten days, to take the
said residencia for the said months of the said appointed regidors,
who have filled their said offices, proceeding therein as the king
our sovereign decrees and commands in his royal ordinance. For this
they granted him the authority and commission as fully as is required
by law. By this act they so voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_.
_An act decreeing that Doctor Antonio de Morga, auditor of this
royal Audiencia, shall audit the accounts of the city for the past
year, 1598._
In the city of Manila, on the sixteenth day of the month of March,
one thousand five hundred and ninety-nine, the president and auditors
of the royal Audiencia of the Philipinas Islands declared that,
whereas the auditing of the accounts of this city for the past year,
one thousand five hundred and ninety-eight, was committed to the
licentiate Albaro Cambrano, late auditor of this royal Audiencia
(whom may God keep in His holy glory!), and because by his end and
death the auditing, continuation, and balancing of the accounts,
as his Majesty orders and commands in his royal ordinance, have
been neglected: therefore, they appointed, and they did so appoint,
in place of the said licentiate Alvaro Cambrano, Doctor Antonio de
Morga, auditor of this royal Audiencia, to audit the said accounts,
and to continue and finish them according to the order given to the
said licentiate Albaro Cambrano--for which, they granted, and they
did so grant, him authority and commission as fully as is required
by law. By this act they so voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that, on account of the end and death of the
licentiate Albaro Cambrano (whom may God keep!), the licentiate
Tellez Almacan is to continue, close, and complete the accounts of
the royal exchequer._
In the city of Manila, on the sixteenth of March, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancilleria of the Philipinas Islands declared that,
whereas the licentiate Albaro Cambrano, late auditor of this royal
Audiencia (whom may God have in His holy glory!), to whom was assigned
the auditing of the accounts of his Majesty's royal exchequer--which
are at present being audited by the royal judicial officials--is now
dead and passed from this present life: therefore, in order that on
this account the auditing may not be delayed and fail of prosecution,
as is fitting, and as the king our sovereign commands in his royal
ordinance, in place of the licentiate Albaro Cambrano they appointed,
and they did so appoint, the licentiate Tellez de Almacan, auditor
of this royal Audiencia, to continue, close, and finish the said
auditing, according to the commission given to the said licentiate
Albaro Cambrano, for which they gave him commission in legal form. By
this act, they so voted, ordered, and decreed.
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that the city shall give information regarding its
place of seating in the cathedral of this city._
In the city of Manila, on the sixteenth of March, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancilleria of the Philipinas Islands declared that,
in order to assign to the cabildo, magistracy, and administration of
this city the place of seating that it must keep in the cathedral:
in order to ascertain the custom hitherto followed in the aforesaid
matter, and in order to provide what is necessary concerning it,
they ordered, and they did so order, the said cabildo, magistracy,
and administration of this city to give an account of the part and
place in which it has been regularly seated in the cathedral of this
city--both in the time when the royal Audiencia formerly resided in
these islands, and after his Majesty ordered it to be suppressed--in
order that, upon examination, the necessary provisions may be made. By
this act they so voted, ordered, and decreed.
Before me: _Pedro Hurtado Desquibel_
_An act concerning the royal magazines._
In the city of Manila, on the eighteenth of March, one thousand
five hundred and ninety-nine, the president and auditors of the
royal Audiencia and Chancilleria of the Philipinas Islands, having
examined the opinion of the official judges of the royal exchequer
of these islands, on the question of building magazines in which
to store the merchandise coming from China to this city, and having
investigated other matters connected with the aforesaid, and further
matter which is contained in the decree of the king our sovereign,
ordering that this said Audiencia attend to the matter: they declared
(in conformity with the opinion of Joan de Bustamante, accountant of
the royal exchequer) that at present, and until experience further
shows what it is most advisable to enact in this matter, the said
Chinese merchandise shall be registered and appraised on the same
vessels on which it was brought, as has been done hitherto. In order
that there may be good accounts and reports, and less opportunity for
fraud in the royal customs, they ordered that the official judges of
his Majesty in these islands, as soon as each ship enters this harbor
and anchors therein, shall go out to inspect it, registering and
appraising all the merchandise and other things in the cargo. They
shall exert diligence in the matter and make their inspection with
the punctuality advisable, so that the said merchandise, or any part
of it, may not be discharged or concealed. In order that this may
be enforced more effectually, the necessary guards shall be placed
on the said ships and in the bay, who are to be trustworthy persons,
to the satisfaction of the said president and auditors of this royal
Audiencia, by whom they shall be approved and appointed, The said
official judges shall have, as a reward for their occupation and
labors, one third part of the confiscations which are levied upon any
merchandise found and seized because it had been hidden on the said
ships, or withdrawn from them without registration or appraisal. They
shall also be charged that they shall not allow or consent that,
while the said merchandise is on the said ships, either the royal
officials or their assistants, or any other person--Spanish, Sangley,
or native--shall take, buy, or transport the said merchandise in large
or small quantities, for cash or on credit; but that the merchants
thereof, who brought the merchandise from China on the said ship,
after making registry and appraisal, may take them ashore freely and
where they will, without any obstacle or hindrance from anyone--with
the warning that, if any one of them do not so observe and fulfil
this act, he shall be proceeded against with the full rigor of the
law. They ordered that a commission, in due form, be given to the said
guards, both in order that they may wield the authority of justice,
and that there be no other guards but those who are so nominated by
this royal Audiencia; those hitherto acting as guards shall exercise
the said duty no longer, under the penalties incurred by those who
so act without power or commission in the matter. This act shall be
made known to his Majesty's officials, and the chief clerk of mines,
and the regidors, for those who are at present guards; and it shall
be added to the other acts and investigations made by virtue of the
said royal decree of his Majesty. By this act, they so voted, ordered,
and decreed.
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that tribute be collected for the king, our
sovereign, from all the Indians found settled and dwelling in this
city and within its bounds, who belong to his Majesty's encomiendas._
In the city of Manila, on the twenty-second of March, one thousand
five hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancilleria of the Philipinas Islands examined the
petition of the licentiate Geronimo de Salazar y Salzedo, fiscal for
his Majesty in this royal Audiencia, that the collectors of the royal
tributes of the king our sovereign, in this city and its environs,
may collect tribute from all the Indians who are found therein,
notwithstanding any obstacle or excuses whatever which may be offered
by the said Indians, or by any encomenderos. Considering that for
many years the Indians have dwelt and resided in this city, and that
their tribute belongs and pertains to his Majesty, they declared
that they ordered, and they did so order, that the collectors of
the royal tribute shall collect their tributes from all the Indians
found settled and dwelling in this city and within its bounds, who
belong to the encomiendas of his Majesty. The said Indians shall
not pay other encomenderos, nor shall such encomenderos collect any
tribute from them, under penalty of returning to the said Indians what
they shall have collected from them. In order that the provisions
of this act be observed, enforced, and executed, they ordered it
to be publicly proclaimed in this city and its limits, in both the
Tagal and the Castilian languages. They committed the execution and
enforcement of it to the official judges of the king our sovereign
in these islands. The aforesaid president and auditors also ordered
that, if any persons claim to have any right contrary to the matter
herein contained, they are to appear before this royal Audiencia,
to petition before it for whatever is fitting in their case. By this
act they so voted, ordered, and decreed.
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