The Philippine Islands, 1493-1898. Volume 17 of 55 - Unknown

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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 España, 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 España, 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 España be carried on for the present as ordained. Under no consideration shall the amount of merchandise shipped annually from those islands to Nueva España 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 España to Filipinas only two vessels can sail annually, up to three hundred toneladas’ burden. In them shall be carried the reënforcements 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 España 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 España. [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 España 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 España, can and shall be consumed there only, or shipped to these kingdoms after paying the duties. They cannot be taken to Perú, 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 Perú, Tierra-Firme, Guatemala, Nueva España, 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 España, in accordance with the laws of this título: 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 675 of this título, and thus it shall be executed. We prohibit and forbid any merchandise being taken from Nueva España to the provinces of Perú 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 Perú 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 España, 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 España 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 España 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 España 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

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<p>3</p>

“The present state of affairs in that which relates to this titulo is that set forth by the decree of March 10, 1785, establishing the Company of Filipinas. In regard to this law and those following in this titulo, the reader should remember that a royal order of July 20, 1793, permitted the Company of Filipinas to trade directly between those islands and the ports of South America in one or two voyages, to the amount of five hundred thousand pesos apiece, on condition of paying the foreign duty and the 9½ per cent on the silver taken back. This permit, which was limited during the war with France, was, by a new royal order of September 24, 1796, made general for all succeeding wars, if carried on with maritime powers.” The above note is translated from the Recopilación, where it follows law 1. Space permitting, the decree of March 10, 1785, mentioned above, will be given in this series.

<p>4</p>

This law and all those treating of the prohibition of commerce between Perú and Méjico, Tierra-Firme, etc., were completely superseded by a royal decree dated El Pardo, January 20, 1774. That decree was ordered to be kept and observed by the superior government of Lima, August 1, of the same year; and separate copies were ordered to be drawn, so that all might know that his Majesty had repealed and revoked the general prohibition of reciprocal commerce by the South Sea between the four kingdoms of Perú, Nueva España, Nueva Reíno de Granada, and Guatemala.” We transfer this note from law ix, of this título of the Recopilación, an editorial note to law lxviii referring to law ix.

<p>5</p>

Such a citation as this shows the hand of the editors or compilers of the Recopilación. Law lxvii bears as its earlier date March 3, 1617, and refers to the sending of contraband Chinese goods to the House of Trade of the Indias in Sevilla.