The Philippine Islands, 1493-1898. Volume 25 of 55. Unknown
so that the ships may not be detained, or those who are to embark suffer because of the short time allowed for departure or the inadequate provision of food. [Felipe IV—Madrid, September 30, 1633.]
Law LXI
Inasmuch as it has come to our notice that the agents and officials of our royal treasury at the port of Acapulco maltreat the sailors and others who come from the Filipinas Islands, and cause them much trouble and vexation, by obliging them to give up what they carry, obtained through so long and arduous a voyage: we order the viceroys of Nueva España to have the matter examined, and the guilty punished. They shall establish what remedy seems to them most effective, so that like offenses may be avoided. [Felipe IV—Madrid, September 30, 1633.]
Law III
It is usual for the governor and captain-general of Filipinas to appoint a person for the inspection of the Chinese ships when they come with their merchandise to the city of Manila. That person is usually one of his household, and from it follow certain injuries, and no one dares to demand satisfaction. We order the said governor and the royal Audiencia of Manila to meet to discuss this matter, and to choose a suitable person for this office. They shall endeavor to select one fitted for this task, and acceptable to the natives and foreigners. They shall take in this regard the measures which are expedient, and shall always advise us through our Council of the Indias of the person whom they shall elect, and of all else necessary for the good of that community. [Felipe III—San Lorenzo, August 25, 1620; Felipe IV—Madrid, November 10, 1634.]
Law XIV
We order that money from Nueva España shall not be sent to Filipinas in excess of what is permitted; and all that is found en route from Acapulco without a written permit, beyond the apportionment made of the five hundred thousand pesos permitted, shall be confiscated and applied to our treasury and exchequer. The driver who shall carry such money shall incur the confiscation of his beasts of burden and slaves, and a fine of two thousand Castilian ducados, applied in the same way [as the above], and the stewards in charge of the illegal funds shall be punished with ten years’ service in Terrenate. [Felipe IV—Madrid, January 30, 1635.]
Law XLIII
The governors of Filipinas appoint commander, admiral, and officers for the ships which sail to Nueva España; and in case of the death or absence of these, they make appointments of other persons, in accordance with the usual procedure. And inasmuch as it is advisable to do this, we order our viceroys of Nueva España to observe and cause to be observed what is ordained in this regard, and the custom which has always been observed, without making any innovation. [Felipe IV—Madrid, February 5, 1635.]
Law XXXVI
We charge and order the governors of Filipinas to be very careful to see that the shipyards do not lack lumber for the repair of ships, rigging, war-stores, and food; and that they provide throughout a sufficient supply of these articles and of all else necessary, with careful precaution. [Felipe IV—Madrid, February 21, 1635.]
[Although the final dates of the two following laws are later than 1635, they are here included in order to keep the laws of this título together.]
Law XXXII
The ships which are to be despatched and to sail from the Filipinas Islands for Nueva España shall depart in the month of June; for there is great danger of their having to put back or of being wrecked if they sail later. We order the governor and captain-general of those islands to have it observed and executed accordingly. But this must be after holding a council of persons experienced in that navigation—so that, having heard and weighed their opinions, the most advisable measures may be enacted. [Felipe IV—Madrid, December 31, 1622; January 27, 1631; February 14, 1660.]
Law XLI
The overseer and accountant of these voyages shall have everything in charge, and they shall set down and keep in their books an account of what is laden in merchandise, and what is carried on the return trip of the ships. They shall be chosen from persons who are well approved, who have given satisfaction, and are trustworthy, and they shall be given the proper and sufficient salary, which shall not exceed two thousand ducados apiece for the voyage; for they shall not lade any quantity of merchandise, under penalty of the fines imposed by law 48 of this título.5 We order that they sail going and coming, one in the flagship and the other in the almiranta, alternating in all the voyages. The governor shall give them the instructions which they are to observe during the voyage. Their residencia must be taken as soon as the voyage is finished, as is done with the other officers of that fleet, before they can sail on another voyage. [Felipe III—Madrid, May 23, 1620; Cárlos II (in this Recopilación).]
Royal Decrees, 1633–35
The King. To the Marqués de Cerralvo, my relative, member of my Council of War, my viceroy, governor, and captain-general of those provinces of Nueva España, and president of my royal treasury therein; or the person or persons to whose charge the government of them may be entrusted: the king my sovereign and father (whom may holy paradise keep!) ordered to be issued, and did issue, a decree (which is found at folio 163 verso, of this same volume, number 144).6 And now Don Juan Grau Monfalcon, procurator-general of the city of Manila of the Filipinas Islands, has related to me that, as is well known, there is great need of sailors and seamen in the navigation of the said Filipinas Islands, and that, for the islands to obtain these men it is advisable that good treatment and [an opportunity for] passage be given to them in the seaports; and that they be granted some means of gain, so that they might, by reason of that self-interest, be encouraged and induced to serve in the voyages—shielding them from the annoyances inflicted upon them by the officials at the said ports. He has petitioned me that I be pleased so to order, and that their chests be not opened; that permission be granted them so that each seaman may carry up to seven thousand pesos of investments in that voyage, in which is to be included the quantity which they have hitherto been permitted to carry; and that the castellan and my other employees at the port of Acapulco shall cause them neither vexations nor injuries. The matter having been examined in my royal Council of the Yndias, I have considered it fitting to issue the present, by which I order you to observe and fulfil, and to cause to be observed and fulfilled, the decree herein incorporated, in toto and exactly as is therein contained, and that you do not violate it or pass beyond its tenor and form.7 In its fulfilment, you shall give what orders may be necessary, so that care may be taken of those men at the port of Acapulco and so that all proper facilities and despatch may be accorded them. Madrid, September 30, 1633.
The King. To my governor and captain-general of the Filipinas islands, and president of my royal Audiencia therein. Don Juan Grau y Monfalcon, procurator-general of that city, has informed me that I ordered, by a decree of May 23, 1620, that the cargo of the ships be distributed to the inhabitants with all fairness; but that, contrary to the orders therein contained the governors have introduced the custom of giving a part of the cargoes to the sailors and seamen, and to the soldiers, hospitals, works of charity, clerics, and their own servants, as also to the auditors, fiscals, and officials of my royal treasury, whereby the favor that had been shown the inhabitants has been diminished. He also states that Don Juan Niño de Tavora tried to make the said allotment, although it belonged to the city; and that the people most needy, and those to whom there are greater obligations, did not enjoy the benefit of this favor. He petitioned me to be pleased to order that those decrees which have been given be observed, since that city has served me, and always serves me with the love and zeal which has been experienced—and lately, notwithstanding the losses that they suffered in the flagship which sank in that port, they gave me an offering of four thousand ducados; and that, whenever that allotment be made, it be with the consent of my governor and the approval of the city. By that means the complaints and dissatisfaction among them will be avoided. The matter having been examined in my royal Council of the Yndias, I have deemed it best to order and command you, as I do order and command
See VOL. XVII, pp. 39, 40.
The parenthetical clause is evidently the work of one of the clerks who copied the decrees in the “Cedulario Indico.” The decree mentioned, whose general tenor can easily be seen from the present decree, is not given, probably owing to an oversight of the transcriber, too late to rectify.
The decree whose location is above given.