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

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1608 (?); clauses 16 and 17.]7

      Law LXX

      If any quantity whatever of Chinese stuffs be found in any boat sailing from Nueva España to Perú 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 España 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.]

      Law LXXV

      The viceroy of Nueva España, and the governor and captain-general of Filipinas, all other of our judges and magistrates, and private individuals, each one in what pertains to him, shall observe, and cause to be observed and fulfilled, the ordinances regarding this traffic and commerce, and shall execute them exactly without remission or dispensation. In their residencias, especial attention shall be paid to their omission and neglect. We charge the archbishop of Manila to exercise the same care in what shall be specially entrusted to him, which is not repealed or altered by these laws. Of all, advice shall be given us. [Felipe III—Valladolid, December 31, 1604.]

      Law LXXVI

      We charge and order the viceroys of Perú to see that all the ordinances in regard to the prohibition of Chinese stuffs be fulfilled and executed exactly. For their execution and fulfilment, they shall appoint an auditor of our royal Audiencia of Los Reyes, in whom they can place entire confidence. They shall see that he proceeds thoroughly and executes the penalties with the required rigor, without any dispensation. The auditor shall privately try these cases in the said city and its districts in so far as he shall have cause to invoke the law; and all other justices in their territories shall do the same. [Felipe III—Valladolid, December 31, 1604.]

      Law LXXVIII

      Permission was given for two ships to go to Nueva España annually from Perú for commerce and trade to the value of two hundred thousand ducados; which was afterward reduced to one ship, with certain conditions. And inasmuch as the trade in Chinese stuffs has increased to excessive proportions in Perú, notwithstanding so many prohibitions expedient to our royal service, the welfare and utility of the public cause, and the commerce of these and those kingdoms; and a final decision of the viceroy, Conde de Chinchon,8 having preceded, and a vote of the treasury to suppress absolutely any opportunity for this trade: therefore we order and command the viceroys of Perú and Nueva España to prohibit and suppress, without fail, this commerce and trade between both kingdoms,9 by all the ways and means possible; and that it be not carried on by any other regions, for we by this present prohibit it. This prohibition shall be kept strictly and shall continue to be so kept. [Felipe III—Valladolid, December 31, 1604; San Lorenzo, June 20, 1609; Madrid, March 28, 1620, clause 1. Felipe IV—Madrid, November 25, 1634; Madrid, March 29, 1636, a clause of a letter to the Conde de Chinchon.]

      Law XXIV

      The inspection of ships sailing from Nueva España to Filipinas shall be made by our royal officials, according to custom. They shall examine in great detail the lists of soldiers and sailors of the ships, in order to abolish the places that shall be found without justification; and they may proceed by law, when they discover any infraction or fraud in this. Such shall be visited on the person causing it, with the greatest severity. [Felipe III—Valladolid, January 25, 1605. Felipe IV—Madrid, October 16, 1626.]

      Law LXV

      We order that the duties and freight customs collected in the port of Acapulco on the Filipinas merchandise, shall not be placed in the royal treasury of Méjico, but shall be expended in things necessary to those islands; and the sum lacking [for those necessities] shall be sent from the treasury of Méjico. The viceroy and the governor of Filipinas shall send us a particular report for each voyage of the amount of the duties and freight customs and what must be sent. [Felipe III—Valladolid, February 19, 1606.]

      Law IX

      We declare that in the five hundred thousand pesos granted by permission [to be sent] from Nueva España to Filipinas, must and shall be entered the amounts of legacies, bequests, and charities [obras pias], with the wrought silver and all other things carried thither; and nothing shall be reserved, except the pay of the sailors, as is ordered by the following law.10 [Felipe III—San Lorenzo, August 19, 1606.]

      Law X

      We grant permission to the sailors serving on the trading ships between Nueva España and Filipinas to carry in money the actual and exact sum of their pay, in addition to the general permission. Thus shall the viceroys of Nueva España provide, unless they perceive some considerable objection. They shall see to it that the said sailors or other persons shall not be allowed to exceed the amount permitted by this law. [Felipe III—San Lorenzo, August 19, 1606.]

      Law XI

      No wrought silver can be taken to Filipinas, even when for the service of those who shall go thither, or for any other purpose, unless bonds are first given to return it, or unless it shall have been included in the permission. [Felipe III—San Lorenzo, August 19, 1606.]

      Law XLVII

      The governor of Filipinas shall send the viceroy of Nueva España a report of the apportionment of toneladas that he shall make, and what is to be laden in the ships of that commerce. The viceroy shall send the former a report of the money that shall be sent in accordance with the ordinance. The latter shall pay consideration and attention to the reports sent him by the said governor, so that he may adjust more equitably and circumspectly the licenses of this kind that he shall give. [Felipe III—San Lorenzo, August 19, 1606; Madrid, June 4, 1620.]

      Law IV

      Inasmuch as it is advisable for the security and conservation of the Filipinas Islands that great care and vigilance be taken there regarding the foreign nations and Sangleys who live in Manila; and inasmuch as there should be a trustworthy, influential, and disinterested person in the said city, who should have charge of purifying the country and giving license to those who must remain there: therefore we order the governor to take charge of his appointment and to appoint for the said commission the person most suitable for it in that community, of whose zeal for our royal service and the common welfare, and of whose trustworthiness and care, he has the greatest assurance. The governor shall not appoint for this office and employment any of his servants, inasmuch as we expressly prohibit that. [Felipe III—San Lorenzo, March 6, 1608.]

      Law XVIII

      The cargo of the ships of the line, on both outward and return trips between Nueva España and Filipinas, shall be stowed in the fore-hold; and only the sea stores, the sailors’ and mess chests, the rigging, sails, and all the necessities, between decks. Likewise rigging shall be taken to the port of Acapulco, in consideration of the fact that the city of Manila has it at cheaper rates than the port of Acapulco—whither it is carried from San Juan de Ulua11 at very great cost and expense. We order this to be so executed, providing there is no inconvenience; and if there should be any, we shall be advised in order to provide the advisable measures. [Felipe III—San Lorenzo, April

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<p>7</p>

The Recopilación is not clear as to the date of this law and the one immediately following. Law lix bears both dates (as also does law lx), and is designated as clause 11. Laws lxix and lxx bear no date (probably through error of the compiler or printer), but are designated as clauses 16 and 17, and clause 18, of a decree by Felipe III. Hence the above dates with queries have been assigned to these laws.

<p>8</p>

Luis Geronimo de Cabrera, fourth Conde de Chinchon, became viceroy of Peru in 1628, holding that office until 1639. During his term there was made known the efficacy of a medicine—previously in use among the Indians—the so-called “Jesuit’s bark,” or “Peruvian bark,” obtained from a tree found only in Peru and adjoining countries, named Chinchona by Linnæus, in honor of the viceroy’s wife (who, having been cured by this medicine, introduced its use into Spain). From this bark is obtained the drug known at quinine.

<p>9</p>

Whenever any ships sail from the port of Acapulco and other ports of Nueva España to make the voyage to Perú on the opportunities permitted, it is our will and we order our officials of those ports to visit and inspect those ships with complete faithfulness and the advisable rigor. They shall endeavor to ascertain whether such ships are carrying any Chinese silks or merchandise, or any from the Filipinas Islands. They shall seize such, and declare those found as smuggled goods. They shall divide them, and apply them as is contained in the laws of this titulo. [Felipe IV—Madrid, April 9, 1641. In Recopilación de leyes, lib. viii, tit. xvii, ley xv.]

<p>10</p>

See note to law lxviii, p. 33.

<p>11</p>

See Vol. XIV, note 12, p. 99.