Various - The Philippine Islands, 1493 to 1898: Volume XXII, 1625 to 29
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Various >> The Philippine Islands, 1493 to 1898: Volume XXII, 1625 to 29
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Law XIII
We order the governor and captain-general not to allow the citizens
and residents of Manila to keep Sangleys in their houses; and to
prohibit them from sleeping inside the city. He shall, if necessary,
order the judge of the foreigners to punish him who does not observe
this, severely and with heavy fines. [Felipe III--Madrid, May 6, 1608.]
Law VI
Inasmuch as the alcaldes-mayor of Manila have claimed the right
to try the suits and causes of the Chinese who live in the Parian,
jointly with its governor, we consider it fitting to order the ruling
of ley xxiv, titulo iii, libro v, which concedes the first instance
exclusively to the governor [of the Parian], with appeals to the
Audiencia. [35] Now it is our will, and we order the president,
governor, and captain-general, and the Audiencia, not to allow any
ordinary judge or one who has received a commission, to try civil or
criminal suits or causes of the Sangleys in the first instance, even
if they be auditors of that Audiencia, who shall be performing the
duties of criminal alcaldes; neither shall they try cases regarding
the locations or inspection of shops or their trade (for it pertains
exclusively to the governor of the Parian to try such), except it be
a case so extraordinary, necessary, and requisite that it becomes
advisable to limit this rule. [Felipe III--Ventosilla, October 15,
1603; El Pardo, June 12, 1614.]
Law XI
In the city of Manila the custom was established that a certain
number of fowls be given to the president, auditors, and officials of
the Audiencia annually at a price lower than the current rate. The
governor of the Chinese was ordered to make the assessment among
all the Chinese, obliging them to give weekly so many fowls at a
fixed and lower price, and to punish and fine him who did not obey
it. That has caused the Chinese considerable injury. The governor
of the Chinese got as many others at the same price. We order that
no such assessment be made or asked from the Chinese, and that it be
left to each person's own will to buy those fowls that are necessary
to him, and to the Chinese to sell them at the price that they can
and that is current. [Felipe III--Madrid, May 29, 1619.]
Law VIII
Many Sangleys are converted to our holy Catholic faith in the Filipinas
Islands, who are married to native Indian women of those islands,
and live in the environs of the city. If a site be given them in the
unfilled lands where they can assemble and form a village, in order to
cultivate and sow the land, in which they are very skillful, they would
become very useful to the community, and would not occupy themselves in
retailing and hawking food; while they would become more domestic and
peaceful, and the city more secure, even should the Sangleys increase
in number. We order the governor and captain-general to enact thus,
and to endeavor to preserve them and to look out for them with the
care that is advisable. [Felipe III--San Lorenzo, August 25, 1620.]
Law IV
The governor shall have particular care not to impose personal
services on the Sangleys, outside of their [usual] employment and
rules; and he shall endeavor to give them good treatment, in order
to induce and incite others to go thither, to be converted to our
holy Catholic faith. [Felipe III--San Lorenzo, September 5, 1620.]
Law I
It is advisable for the security of the city of Manila, the island
of Luzon, and all the other islands of that government, that the
number of the Chinese be very moderate, and that it do not exceed
six thousand, since that number is sufficient for the service of
the country; and, if that number be increased, the troubles that
have been experienced may result, notwithstanding the permission
that was conceded by ley lv, titulo xv, libro ii, [36] which is
to be understood until this limitation is reached. Likewise it is
advisable that there should not be so many Japanese in that city,
for they already exceed three thousand, because there has been
neglect and carelessness in driving them away from there; while the
number of the Chinese has been increased through greed for the eight
pesos that each one pays for his license. In regard to the above, we
order our governor and captain-general to apply the fitting remedy,
taking note that the licenses are not to be given for money, or for
any other interest, either in their own behalf, or for that of other
government employees. They shall only consider what is most advisable
to the welfare of the public cause, the security of the land, trade and
commerce, and the friendly reception of the foreigners and surrounding
peoples, and the other nations with whom there shall be peace. That
commerce and relationship shall be continued, and all care and caution
shall always be taken so that the Chinese and Japanese shall not be
so numerous, and that those who shall be there may live in quietness,
fear, and submission. But that shall not be any reason for not treating
them well. [Felipe III--Ventosilla, November 4, 1606; Madrid, May 29,
1620. Felipe IV--Madrid, December 31, 1622.]
Law II
The licenses that the governor of Filipinas shall issue so that some
Sangley Chinese may remain in the islands, shall be with the consent of
our royal officials, and account shall be rendered of all. The money
resulting therefrom (eight pesos for each license) shall be placed in
our royal treasury. A separate book shall be kept there, and names
and marks [of identification?] shall be entered in it distinctly,
so that there may be no concealment. [37] [Felipe III--Madrid,
January 12, 1614. Felipe IV--Madrid, November 21, 1625.]
Law VII
The Sangleys converted to our holy Catholic faith shall not pay tribute
for the first ten years after their conversion; after that time it
shall be collected from them as from the natives of Filipinas. [38]
[Felipe IV--Madrid, June 14, 1627.]
Law XII
The Sangley Chinese of Filipinas have a box with three keys, in
which each Sangley deposits twelve reals per year in order to meet
their obligations to our royal service with that fund. We order
that if there be any balance in any year, it be not withdrawn; and
that the Sangleys be assessed so much less the following year. [39]
[Felipe IV--Madrid, September 10, 1627.]
DECREES REGARDING THE RELIGIOUS
_Concerning lawlessness of Augustinian religious_
The King. To the president and auditors of my royal Audiencia of
the city of Manila of the Philipinas Islands: In a letter written
to me by Don Francisco de Caravajal Campo Frio, dated August two
of the former year six hundred and twenty-five, he declares that
while alcalde-mayor of the province of Balayan, he heard that Diego
Larias Maldonado had arrived there, who had run away with the wife
of a certain man. He had them arrested in the town of Batangas, a
mission of Augustinian friars. He declares that Fray Antonio Muxica,
prior of the said order, at the head of his fiscal and choristers,
broke open the gates of the prison, and loosed the prisoners,
after maltreating the government agents. And although he drew up a
report about this action, and informed their superior of it--sending
the latter a copy of the report, while he kept the original, in
order to give you an account of it--the superior did not inflict
punishment, but on the contrary exerted himself to get hold of the
original report. But as he did not succeed in this, two religious,
accompanied by over one hundred natives, went to Caravajal's house,
surrounded it, went up stairs where he was, and took away the said
[original] report from him, after having bound him and maltreated
him by word and deed. Although he informed you of it, that crime has
not yet been punished. Inasmuch as it is not right that such a crime
remain without punishment, I have considered it fitting to send you
a copy of the said letter, so that if the relation made by the said
Don Francisco de Caravajal Campo Frio be true, you may enact justice,
in order that, in the future, it may serve as a warding. For this
you shall have recourse to the provincial of the said order. Given
in Madrid, May twenty-one, one thousand six hundred and twenty-seven.
_I The King_
Countersigned by Don Juan Fernando Ruiz de Contreras, and signed by
the members of the Council.
[_Endorsed_: "To the Manila Audiencia, sending it a copy of a letter
written to your Majesty by Don Francisco Caravajal Campo Frio in
regard to the outrage committed against him by certain religious of
St. Augustine, so that, if his report be true, justice may be done."]
_Granting alms to the Augustinians_
The King. To the officials of my royal treasury of the Philipinas
Islands: You know already that it was ordered by a decree of the king
my father (who is in glory), dated August seven, of the former year
six hundred and one, that a ration for two additional religious be
given for four years longer to the convent of St. Augustine, of that
city of Manila, in the manner that it is given to four religious in
that convent; and that he prolonged the said time for another four
years by another decree of six hundred and sixteen, and for another
four years (which are completed) by another decree of May nine, six
hundred and twenty. Now Fray Hernando Guerrero, of the said order,
bishop-elect of the city of Nueva Segovia in those islands, has
reported to me in the name of the said convent, that the religious
of his order from the other convents are entertained and treated
there in their sicknesses; and that it is in a college and seminary
of grammar, the arts, and theology, whence subjects go out to preach
the holy gospel. In consideration of that, he petitions me to order
that the said ration continue to be given to the said two religious
for such time as I may choose.
The matter having been examined by the members of my royal Council of
the Indias, I have considered it advisable to order that it be given
to them for another four years, that time to run and be counted from
the day on which the said last four years were completed. Accordingly,
I order you to pay to the said monastery of the Order of St. Augustine
in that city, from any revenue that may be in that my treasury, the
said ration for the said two additional religious, during the said
four years of this prolongation, in the same form and manner as it
is given to the other four religious; for such is my will.
Given in Madrid, June eleven, one thousand six hundred and
twenty-seven.
_I The King_
Countersigned by Fernando Ruiz de Contreras.
_Recommendation of the Council of the Indias regarding the Recollects_
Sire:
Fray Pedro de la Madre de Dios, procurator of the order of discalced
Augustinians in the Philipinas Islands, has represented that the
poverty of the religious of that order is very great, as they have no
income; and inasmuch as medicines are dear, they cannot get the money
in order to buy those necessary for the sick, whence it follows that
they cannot maintain the health necessary for their attending to the
ministry of preaching and instruction among the Indians, and the relief
of the royal conscience. He petitions your Majesty, in consideration
of the above, to grant alms to the said religious, so that they be
given the medicines urgently necessary to treat themselves, as these
are given to the religious of St. Dominic and St. Francis. He says
that what they can use would amount to one hundred and fifty pesos
annually. The matter having been examined in the Council, and the
poverty of the said order appearing, and seeing that they have no
income, and having considered how well they serve our Lord in the
conversion of the natives under their charge; it seems best that
your Majesty grant favor to the said religious, for six years, of the
medicines that may be necessary in order to cure the sick, provided
that it do not exceed in any year the stated sum of one hundred and
fifty pesos above mentioned. Your Majesty will show them such favor
as is in accord with your royal will. Madrid, November 4, 1627.
[Signed by the members of the Council.]
[_Endorsed_: "Council of the Indias. November 4, 1627." "+That your
Majesty might grant concession for six years to the discalced friars
of the Order of St. Augustine, of the medicines necessary for the
treatment of their sick." _In a different hand, evidently that of
the king_: "+It is well."]
DECREES REGARDING THE CHINESE
The King. To Don Juan Nino de Tavora, my governor and captain-general
of the Filipinas Islands, and president of my royal Audiencia
resident therein: Fray Melchor de Manzano, of the Order of Preachers,
has reported to me, in the name of the Sangley Chinese who live
in those islands, that the said Chinese, in order to avoid the
wrongs that they received from the [government] ministers who were
exacting daily assessments that were levied on them for my royal
service, established a chest with three keys, in which each one was
to deposit annually twelve reals in silver, in order to aid in the
despatches of the warships, galleys, and trading-vessels for Nueva
Espana, the powder-house, the artillery, the building of ships and
other undertakings. Among other conditions that they required, in
order that this assessment might be made among them, was one that
they were to have no protector; but that in case one were assigned
them, he be not the fiscal of that Audiencia, as such office was
incompatible with his duties, and because of the experience of long
years that it was rather a damage than an advantage to him--and that,
for that reason, the said office of protector had been made separate
in the beginning from that of fiscal, until Don Juan de Albarado
Bracamonte, when fiscal, had so negotiated that the said occupation
be assigned to him. The father petitioned me that since the said
Sangley Chinese spend so much in aiding my service and pay so fully
the salaries to their alcalde, and chief of guard, lesser protector,
and to the ministers of instruction, without any expense therein to
my royal treasury, it be ordered that the said fund cannot be altered
or suppressed, unless the said Chinese should voluntarily wish to
do away with it or to make some alteration, or change certain of the
conditions which they established when the fund was established; and
that the said office of protector be distinct from that of fiscal,
and that the office be given to a person who will protect and defend
them. If there remain any balance in the said fund at the end of each
year, he petitions that the Chinese be allowed to spend it, without
the permission of any person, for the welfare and benefit of their
village or church. By that means they will be spared new expenses
that must necessarily be made for that purpose. After examination by
the members of my Council of the Indias, of this request and of the
statements regarding it by my fiscal of the Council, Licentiate Juan
Pardo, it was voted that I should order this my decree to be given,
by which I command you to provide and order that the said office of
protector be not held by the fiscal of that Audiencia. From now and
henceforth, you shall appoint to it a satisfactory person, giving him
the salary that is assigned. You shall charge him to look after the
said Sangley Chinese very carefully, so that they may not be annoyed
or vexed, and that no ill treatment be accorded them. You shall order
that the balance remaining each year in the said fund be left there,
and that the Chinese be assessed so much less the following year,
After the accomplishment and execution of the aforesaid, you and the
said Audiencia shall inform me of the status of matters, and what
are the facts in regard to what is mentioned by the said Fray Melchor
de Manzano, and the advantages or disadvantages, present and future,
of what he asks for; so that, after my said Council has examined it,
the advisable measures may be taken. Madrid, September 10, 1627.
_I The King_
By order of the king, our sovereign:
_Don Fernando Ruiz de Contreras_
The King. Fray Melchor Manzano, of the Order of St. Dominic, has
reported to me, in behalf of the Sangley Chinese living in the Parian
outside the walls of the city of Manila, that they experience much
extortion and injury, on account of not only what pertains to the
Christianity that they profess, but their liberty, possessions, and
honor, by making them cut their hair when they become Christians--a
thing regarded as ignominious by their nation, and which is an obstacle
to their conversion, and contrary to the orders of the decree of
the king our sovereign and grandfather, who is in glory; as also
that they pay annually sixty-four reals in silver, in addition to
the ordinary tribute, or that they return to their own country,
which means that they are forced to abandon the faith which they
received with baptism. He declares that that tribute was never paid
by the Christians until it was imposed by Don Alonso de Faxardo, my
former governor of the Filipinas Islands, contrary to the advice of
my Audiencia resident therein. Fray Melchor has petitioned me that,
attentive to the above, I be pleased to order that those converted to
our holy Catholic faith be not obliged to cut their hair, or pay the
said tribute, or anything else besides the ordinary tribute paid by
the natives of the said islands; or that it be moderated so that their
conversion may not thereby be made difficult, and that those who once
receive the faith be not obliged to abandon it by returning to their
country because of their inability to pay so large a tribute--since
the majority of those converted are poor laborers, who cannot earn
that tribute. Having examined the matter in my royal Council of the
Indias, I have considered it expedient to order this my decree to
be issued. By it I order that for the first ten years after their
conversion the said Sangley Chinese pay no tribute, and that none
be collected from them, as I have commanded shall be done in regard
to the other pagan Indians who are converted. After the ten years,
the tribute shall be collected from them, as from the natives of
the said islands. I order my governor and captain-general of the
islands to see that the above is strictly obeyed and observed, and
not to allow their hair to be cut, in observance of the decree that
has been issued concerning this matter. Madrid, November 19, 1627.
_I The King_
By order of the king, our sovereign:
_Don Fernando Ruiz De Contreras_
INADVISABILITY OF A SPANISH POST ON THE ISLAND OF FORMOSA
I would consider it a very important fact that the Spaniards of
Filipinas have seized and fortified a site on the island of Hermosa,
if that would be the efficacious means of driving out the Dutch from
their fort and from that island by force of arms, but otherwise not.
In order to discuss this proposition reasonably, it will be necessary
first to investigate the objects that the Dutch may have had in order
to have fortified, as they have done for the last three or four years,
the island of Hermosa.
Some have thought that the purpose of the Dutch must be to destroy
commerce between China and Filipinas, by plundering more at their
ease the Chinese ships, because they are there near China, and in a
place where the fleets from Manila which have sometimes defeated them,
cannot attack them. But in my judgment, this is not their purpose,
although it is a fact that they are very near the coasts of China in
the island of Hermosa. For that reason, even the Chinese, before they
set sail, ascertain by means of oared craft whether Dutch vessels are
waiting in that place. Consequently, they either do not leave their
ports, or if they leave, accomplish their voyage, since they can do so
easily by sailing so as not to go within sight of the island. But it
is impossible to escape the Dutch ships when they await the Chinese
on the coasts of Filipinas, as they have done since the year 609,
when they began that practice, until that of 625. During that time
scarcely any ship escaped them; for the Dutch generally go to the
coasts of Filipinas when there is no time to advise the Chinese not
to leave their country. The latter, having sailed, necessarily fall
into the hands of the Dutch. However, it is true that when the Dutch
await the Chinese on the coasts of Manila, they need a larger fleet;
and that they risk its loss by fighting with that of Manila. Here
the capture of the Chinese is assured, while for the above reasons
(of which the Dutch are not ignorant) that is almost impossible in
the island of Hermosa.
In my opinion, then, the purpose of the Dutch is to establish a
factory in the island of Hermosa, in order to trade with the Chinese
by buying silks from them, and to sail with these to Japon (although
taking some of them to Europa also, as well as other goods), just as
the Portuguese of Macan do. I am persuaded of this, for, while I was
sailing from Filipinas to Nueva Espana as captain and master of the
ship "San Francisco," which was wrecked in Japon in the year 609--the
first time when the Dutch went to that kingdom--the Dutch petitioned
for a factory from him whom we style emperor of Japon, offering to take
him silks from China. Thereupon it was given to them, notwithstanding
that the emperor was informed by the Spaniards, and by one Guillermo
Adan [40]--an Englishman who had been living married in Japon for many
years, to whom the emperor turned for information--that the Dutch were
rebel vassals [of the Spaniards] and pirates; and that they could not
get the silks if they did not plunder them from the Chinese. Thus did
they establish their factory in the port of Firando, where they have
maintained themselves to this very day, taking the silks that they
have pillaged from the Chinese, and certain cloth stuffs from Europa,
and buying food and supplies for their forces in the Malucas and other
islands of those regions. Governor Don Juan de Silva, having conquered
on the coasts of Filipinas the fleet of the Dutch who were robbing the
Chinese in the year 610, it was learned from the instructions of Count
Mauricio that they were forbidden to plunder the Chinese and other
nations, and that they were only permitted to trade with them. Thus,
although they robbed the Chinese, it was on their own responsibility,
and incited by greed; and even that they palliated by making a price
on the silks, by weighing them, and settling the account for that
amount. Paying for the goods partly in reals--although only a small
part--they gave to the Chinese due-bills on the factory of La Sunda. I
saw those papers in their own flagship, as I was captured by the Dutch
in the said year 610, when I was returning from the wreck at Japon to
the Filipinas. Nor does it contradict this that since then they have
continued to plunder the Chinese, since they have given out that they
do it because the silks were bought for silver which the Spaniards
of Manila are sending to China; and because even supposing that the
silks be some belonging to the Chinese, they do not wish the latter
to trade with the Spaniards, their enemies. Consequently, although
the Dutch have pillaged them, it has been by affecting this pretext,
and giving them to understand that the Dutch were not their enemies.
But what most persuades me to believe that this is the object of
the Dutch is because they are not ignorant of the great advantage to
them of buying silks from the Chinese and taking their investments
to Japon; for it is evident to them from the high profits made by the
Portuguese of Macan. That profit will be greater for them because of
the greater ease of making the investment, and their nearer and easier
navigation. Whenever any other nation wishes to trade with the Chinese,
that trading must be done entirely with silver; and as the Dutch can
take so little silver from Europa, and have no opportunity to get it
from Japon unless in exchange for Chinese merchandise, it is certain
that, both because of the high profits of this trade and in order to
maintain themselves in their factory at Japon--whence they furnish the
forts of the Malucas, Ambueno, and other places with supplies and some
food--they will procure the trade with the Chinese by all possible
means, by maintaining a factory in the island of Hermosa. Thus,
becoming wealthy, they will utterly destroy Macan and deprive the
Filipinas of the trade of Chinese silks which they had in Japon,
which was formerly of so great profit that the investment generally
yielded one hundred per cent in eight or nine months.
It is to be noted that this trade of Macan and Filipinas with Japon
is the principal thing that should be aided by Espana, for it does
not involve the danger of having the silver of the Indias wasted in
China, if voyages are made to Macan from Lisboa by way of India,
because it comes from China to Portugal, and from Nueva Espana to
the Filipinas in return for what is taken to Nueva Espana. As for
the investments made in Macan and Filipinas for Japon, the return
for these is silver from the mines of Japon itself.
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