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THE PHILIPPINE ISLANDS, 1493-1898
Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century,
Volume XI, 1599-1602
Edited and annotated by Emma Helen Blair and James Alexander Robertson with historical introduction and additional notes by Edward Gaylord Bourne.
Contents of Volume XI
Preface 9 Documents of 1599
Ordinances enacted by the Audiencia of Manila (concluded). Francisco Tello, and others; Manila, June, 1598-July, 1599 21 The hospital for Indians at Manila. Domingo de Santiago and Antonio Valerio; Manila, July 3 82 Letters from the royal fiscal to the king. Hieronimo de Salazar y Salcedo; Manila, July 21 86 Letter from the king of Borneo to Governor Tello. Soltan Adil Sula; [June?] translated July 27 120 Letters to the king. Francisco Tello; Manila, July 14 and August 7 123 Letters to Tello. Felipe III; Denia, August 16 129
Documents of 1600
The pacification of Mindanao. [Unsigned and undated; 1600?] 135 Oliver van Noordt's attack on Luzon. Francisco Tello, and others; Manila, October-December 140
Documents of 1601
Report to the governor, on the battle with the Dutch. Antonio de Morga; Manila, January 5. 173 Annual letters from the Philippine Islands. Francisco Vaez, S.J.; [Manila?], June 10. 191 Letter to Felipe III. Diego Garcia, S.J.; Manila, July 8. 223 Letter from the fiscal to Felipe III. Hieronimo de Salazar y Salcedo; Manila, July 16. 228 Complaint of the cabildo of Manila against Morga. Gonzalo Ronquillo de Vallesteros, and others; Manila, July 20. 235 Letter to Felipe III. Antonio de Morga; Manila, July 30. 251 Grant to Jesuit school in Cebu. Council of Indias; Valladolid, December 11. 257
Documents of 1602
Instructions to Pedro de Acuna. Felipe III; Zamora, February 16. 263 Two royal decrees. Felipe III; Zamora, February 16. 289 Pintados menaced by Mindanao pirates. Juan Juarez Gallinato, and others; off Mindanao, May 29-June 4. 292 Letters to Felipe III. L. P. Dasmarinas, and others; Manila, June 8-July 10. 302
Bibliographical Data. 317
Illustrations
Title-page of De rebus Iaponicis, compiled by John Hay, S J. (Antverpiae, M. DC. V); photographic facsimile, from copy in Library of Congress. 187 Title-page of Relatione breve, by Diego de Torres (Milano, MDCIII); photographic facsimile, from copy in library of Harvard University. 189
Preface
During the three years or more covered in this volume (1599-1602), the most notable occurrence is the coming to the archipelago (in 1600) of the fleet commanded by the Dutch adventurer Oliver van Noordt, bent on plunder and the damage of the Spanish settlements there: but he is defeated and driven away, although with heavy loss to the Spaniards. This event, with the quarrels which it arouses in Manila, and fears of like danger in the future, disturb the colony for several years. The people, both Spaniards and Indians, are also in constant dread of the Moro pirates, who ravage the coasts of the Pintados (Visayas) Islands, encouraged to commit these depredations by the late withdrawal of Spanish troops from Mindanao. In the face of all these difficulties, the government is also embarrassed by the poverty of the local treasury; its funds are wasted by unnecessary expenses and salaries, and lessened by frauds in the customs duties, and by other violations of the laws regarding trade. There are too many officials, both secular and religious; and the former are often incompetent or corrupt. The Indians are demoralized by having learned the use of the white men's money; their native industries are neglected, which causes scarcity and high prices of goods and supplies. New impulse and wider scope are given to the missions conducted by the Jesuits, who begin the task of gathering the scattered Indian converts into mission villages, thus more easily to civilize and christianize the natives. A new governor for the islands is appointed, Pedro de Acuna.
In this volume is completed the document begun in Vol. X, "Ordinances of the Audiencia enacted in 1598-99;" here are presented those for the first half of the year 1599. The alcaldes-mayor must, in collecting the taxes, observe the royal tariffs. To remedy the exorbitant charges for fees in the inferior courts, all suits appealed to the Audiencia must be accompanied by a sworn statement of the fees thus paid. The bonds accepted in law-suits must be more reliable. Auditors are given special powers in expediting the cases of persons imprisoned. Interpreters are not allowed to trade with the natives, except in the presence of a magistrate. The accounts of guardians of minors shall be examined by the probate judge. Attorneys are restricted in bringing new suits between Indians. Goods sold at auction for the benefit of the royal treasury must be knocked down to the highest bidder, and for cash only. Lawyers are ordered to follow the customs of the natives, where these are involved in lawsuits. Collection of tributes shall not be made by the alcaldes-mayor; and appointments for the post of collector must be approved by the Audiencia. Various acts prescribe the duties of officials of the Audiencia, and its procedures in certain cases; also limits of action by attorneys. The officials of the Audiencia shall give bonds each year. Cases involving twenty pesos or less shall not be brought to trial. Directions are given for the trial of suits between Indians. The alguazils-mayor must make the rounds of the city at night. All accounts due to or from the royal treasury shall be closed up and balanced within the next four months. Officials of the Audiencia shall not go outside of the city without permission. Certain punishments are prescribed for the Chinese inhabitants—for vicious practices, for making or clipping coin, and for buying stolen goods from Indians. All natives residing in Manila who have not some employment are ordered to leave the city at three days' notice. The duties of the late Alvaro Cambrano, deceased, are to be assumed by others of the auditors. Provision is made for due inspection, appraisal, and sale of merchandise brought from China. All Indians belonging to the royal encomiendas must pay their tributes, even when they reside in Manila. The sum of three hundred pesos is appropriated to furnish and adorn the chapel of the Audiencia. The Chinese are forbidden to have godchildren, a practice which has led to many evils; and the Christians are ordered to follow the occupations which they had exercised before their conversion. Officials whose terms of office expire must furnish residencia before receiving any further appointment.
On July 3, 1599, one of the Franciscans in charge of the hospital for the Indians at Manila writes to the king, asking further grants of aid for its work. The governor and bishop are directed by the king to advise him as to the needs of the hospital. A letter from the royal fiscal to the king (July 21) displays the needs of the royal exchequer in the islands, and suggests means for supplying these. He complains of the burden imposed on the colony by the support of an archbishop and three bishops. Much is wasted in salaries, for useless or nominal services. Salazar y Salzedo advises that the offices and their salaries be both reduced. Especial loss and injury to the royal income arises from the frauds and violations of law which are practiced in the Mexican trade. The payment of tributes by the Indians in money is demoralizing them; they no longer pursue their former usual labors, and their products are now scarce and high-priced. They ought to be compelled to work, at agriculture, stock-raising, and mining. The treasury needs more money, and more Indians should be assigned to the crown. Encomiendas are fraudulently assigned by the governors. The erection of wooden churches in the encomiendas is another source of useless expense; these should be built of stone or brick. Certain offices should be taken from their present incumbents, and conferred on men of character and standing. The fiscal complains of lax management of the treasury by its officials, and calls for an investigation; and the same with the cabildo of Manila. Other charges where public moneys are involved should be inspected by the crown, and the waste of those funds should be checked. Even all these reforms will not provide all the funds for necessary expenses; the fiscal therefore proposes that the crown monopolize the trade in spices and raw silk, which would bring immense profits to the royal treasury. Another letter from the fiscal to the king, of the same date, makes recommendations as to certain affairs of government. He urges that the auditors should make regular official inspection of the administration of justice throughout the islands. He complains that the profits of trade are absorbed by the officials and their dependents, leaving the citizens poor. Offices and other sources of profit must not be bestowed on those dependents, but on the citizens; and the officers of the ships that carry goods to Nueva Espana should not be appointed there, but in the islands. The ships should be more strictly inspected.
The ruler of Borneo sends (June. 1599) to Governor Tello a gift, accompanied by a letter in which he expresses firm friendship for the Spaniards. In a letter dated July 14, Tello complains that Morga is hostile to him, and even writes anonymous letters against the governor; the latter defends himself against these attacks. On August 7 he reports to the king the arrival of English ships at Maluco, and his intention of sending reenforcements to the Spanish fort there, and to that in Cebu. He is asking aid from the viceroy of Nueva Espana, and is trying to manufacture more artillery at Manila. Two letters from Felipe III to Tello are dated August 16, 1599. The king commends his proceedings in certain matters, and orders the viceroy of Nueva Espana to send hereafter only useful colonists to the Philippines. He also desires Tello to advise him whether the duties on Chinese goods can be increased.
A brief account of the pacification of Mindanao (1600?) furnishes some additional information as to events there, up to 1600. The troops have been withdrawn from this island, owing to an alarm of danger from English pirates; but these prove to be peaceable Dutch merchants. In October of that year, certain foreign vessels (thought to be English) enter the bay of Albay, and Antonio de Morga is ordered by the Audiencia to fortify the port of Cavite and pursue the enemy. Instructions for this latter proceeding are furnished to him by the governor (December 10). He in turn gives instructions to his admiral, Joan de Alcega. Then follows an account not only of the battle between the Spanish and the Dutch fleets, but also of Van Noordt's entire voyage to the Philippines. The battle ends, on the whole, disastrously for Van Noordt. Among the plunder found on the Dutch ships is a commission granted to Esaias de Lende as a privateer against the Spaniards in the Indias. Suit being brought against the admiral Alcega for deserting the flagship in the battle with Van Noordt, Morga presents therein his version of the affair (January 5, 1601)—throwing the blame for the loss of the flagship on Alcega's disobedience to the orders previously given him by Morga.
Francisco Vaez reports (June 10, 1601) to the general of the Jesuit order the status of Jesuit missions in the islands. He relates the deaths of certain priests and brethren while engaged in the performance of their duties, and proceeds to a detailed report of each mission station. The Jesuit church at Manila has been ruined by earthquakes. The fathers of the college there are accomplishing much good by their labors, especially among those in prison, the soldiers, and the children. Several instances of the devotion and piety of converts are related. The losses and calamities which have befallen the people have made them more inclined to religion. The sodalities introduced among the natives arouse their devotion and enthusiasm. At Antipolo a hospital has been begun, as well as a school for boys. At Cebu also a school has been opened; and the labors of the Jesuits are highly acceptable to the people, and commended by the bishop. Many Indians are being converted by them. Connected with the residence at Cebu is that of Bohol. Here Father Valerio Ledesma has persuaded the savages to leave the mountains and settle near the river, under the care of the missionaries; they have built a church, and are fast becoming converted. Other missionaries in Bohol report many hundreds of baptisms. Various miraculous cures of illness are related. Good news comes from Samar also; nearly four thousand have been baptized, nearly all adults. In Dulac a boys' school has been established, and many conversions have occurred. At Alangala there are three Indian chapels. Vaez asks for more missionaries in this so promising field. A few days later (July 8) the official visitor of the Jesuit missions, Diego Garcia, writes to Felipe III. He recommends that seminaries for the instruction of heathen boys be stablished as a means for hastening the conversion of the natives; and that the Indians be gathered into settlements. Garcia asks that the Jesuit college at Manila be authorized to graduate students from its classes; and closes by recommending to the king's favor Morga and other officials.
The fiscal, Salazar y Salcedo, declares (July 16, 1601) that Tello is shielding Morga, and despatches to the king a full report of the investigation which he has made of the conflict with the Dutch. A memorial to the king is sent (July 20, 1601) by the cabildo of Manila, making various complaints in regard to the conduct of Doctor de Morga. The order given by him and Tello for the abandonment of Mindanao has caused the natives of that region to commit piracies in the islands under Spanish rule. Morga has obtained official positions for his relatives and friends, contrary to the royal ordinances. One of these men, being utterly incompetent, has failed to drive back the Mindanao pirates, who have consequently inflicted much damage. Through various machinations, Morga succeeded in depriving Ronquillo of the command of the fleet, in the battle with Van Noordt; but in the conflict he showed himself incompetent to command the troops, and a coward at the approach of danger; and, in consequence, his flagship was wrecked, with the loss of many Spaniards and of valuable military supplies. Moreover, the enemy being allowed to escape, the islands are more exposed to future attacks from them. The writers of this letter are sending documents to prove their charges; they also accuse Morga of writing anonymous letters. A letter from Morga to the king (July 30) relates his services in the naval battle, and the unfaithfulness of Joan de Alcega to his trust in that and other instances. Morga asks to be relieved from his post in the Philippines, and sent to some other country. On December 11, 1601, the Jesuit school at Cebu is aided by a royal grant for the erection of buildings.
Governor Tello is superseded by Pedro de Acuna, and the latter is provided with instructions (February 16, 1602) by the king. He must consult with the viceroy of Nueva Espana regarding the measures to be taken for the settlement of the islands; and the viceroy has been ordered to aid the governor therein. Acuna is directed to look after the defense of the coasts, and the maintenance of a garrison in Mindanao. He must do what he can to dispense with offices and salaries which are superfluous, for which the king makes various recommendations. The frauds which have been committed in the shipment of goods to Nueva Espana, and in the payment of duties thereon, must be stopped. Irregularities and frauds in the assignment of encomiendas must also cease. These and various other matters are discussed by the king, in pursuance of the recommendations made by the royal fiscal in July, 1599. Official inspection of affairs in the islands must be made by the auditors; and the royal officials must put a stop to the importation from America of money for investment in the China trade. The cathedral at Manila must be completed, and the hospitals aided; and nuns will be sent for Santa Potenciana. The Jesuit seminary for Indian boys should be cared for; and Acuna is to ascertain its condition and needs. He must investigate the question of abolishing the Parian, and see that religious teachers are provided for the natives of the Ladrones Islands. Agriculture must be encouraged in the Philippines. Two royal decrees (dated February 16) command the viceroy of Nueva Espana to send to the Philippines more colonists, who shall be persons of good character; and two nuns, to take charge of the seminary of Santa Potenciana at Manila. Captain Gallinato sends to the governor at Manila (June 4, 1602) warning of a large plundering expedition which is about to sail from Mindanao to ravage the Pintados Islands. The Joloans are also hostile, and ready to attack the Spaniards; and the natives of Terrenate are aiding the Mindanaos.
Luis de Dasmarinas writes to Felipe III (June 8, 1602), urging that the Spaniards reconquer the fortress of Maluco, to protect the Philippines from attack by "those demons of English and Dutch heretics." Doctor de Morga again informs the king (June 30) of his services in the conflict with Van Noordt, and in still another letter (July 8) of the attacks which his enemies are making upon him in regard to that affair. The Augustinian officials at Manila notify the king (July 4) of the election of Pedro Arce as provincial of their order in the islands; and explain their refusal to receive a visitor recently sent to the islands from Nueva Espana. A letter from the fiscal details (July 10) the measures taken to compel payment by Governor Tello of the debts owed by him in Sevilla; he has property in Nueva Espana, but none in the islands.
The Editors
December, 1903.
Documents of 1599
Ordinances enacted by the Audiencia of Manila (concluded.) Francisco Tello, and others; January-July, 1599. The hospital for Indians at Manila. Domingo de Santiago and Antonio Valerio; July 3. Letters from the royal fiscal to the king. Hieronimo de Salazar y Salcedo; July 21. Letter from the king of Borneo to Governor Tello. Soltan Adil Sula; [June?] translated July 27. Letters to the king. Francisco Tello; July 14 and August 7. Letters to Tello. Felipe III; August 16.
Sources: All these documents save one are obtained from MSS. in the Archivo general de Indias, Sevilla; the second of the king's letters (August 16) is from the "Cedulario Indico" in the Archivo Historico Nacional, Madrid.
Translations: The first of these documents is translated by Arthur B. Myrick, of Harvard University; the second, by Emma Helen Blair; the third, and part of the sixth, by Robert W. Haight; the fourth, by James A. Robertson; the fifth, by Norman F. Hall, of Harvard University, and Jose M. and Clara M. Asensio; the first letter in the sixth, by Alfonso de Salvio, of Harvard University.
Ordinances Enacted by the Audiencia of Manila (concluded)
An act ordering the alcaldes-mayor and their officials to observe the royal tariff.
In the city of Manila, on the 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, in the collection of taxes by the alcaldes-mayor of the provinces of these islands, and by their notaries and officials, there is great excess and disorder, from failing to observe his Majesty's royal tariffs, whence arise many difficulties and obstacles to the service of God our Lord, and of his Majesty: therefore, to remedy these evils, they ordered, and they did so order, that all the alcaldes-mayor, both now and henceforth, in all of the provinces of these said islands, shall observe and cause to be observed the royal tariff of his Majesty and his royal Audiencia; and, in conformity with it, shall levy and cause to be levied the taxes to them appertaining, as also shall their notaries and officials—levying on the natives a third less than on the Spaniards, according to the declaration thereof in the said tariff; and that each one of them shall have a copy of this tariff. They shall neither use nor levy the said taxes by any other tariffs, under penalty of a fine of one hundred pesos for the treasury of his Majesty and the expenses of justice. By this act they so provided, ordered, and decreed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez de Almazan The licentiate Zambrano
Before me:
Pedro Hurtado Desquibel
Proclamation: In the city of Manila, on the twenty-second of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands, who signed their names to the above act, declared and proclaimed it in public session.
Pedro Hurtado Desquibel
An act decreeing that there shall be no suits without the filing of a sworn memorandum of the fees that the parties have paid.
In the city of Manila, on the seventh of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia, Court, and Chancilleria of these Philipinas Islands declared that, whereas it has come to their knowledge that certain persons—not only Spaniards, but Indians and Sangleys—who bring suits in this royal Audiencia and outside of it, in the provincial and ordinary tribunals, complain of the large sums that are charged by the courts, in great excess of what they are ordered to charge by the royal tariffs; and that the notaries of the said tribunals, contrary to orders, send the appealed suits to this royal Audiencia, without placing at the end of them the fees they have paid; therefore, in order to remedy the aforesaid evil, and to put an end to complaints of similar acts of injustice, they ordered, and they did so order, both the officials of this royal Audiencia and the others in the provincial and the ordinary tribunals, and those outside of this city, now and henceforth, not to bring or send any suit to be reviewed in the court of this royal Audiencia, unaccompanied by a memorandum, signed and sworn to by the parties to the suit, of what they have spent thereon, and to what persons they have given the money; and not to bring any suit for revision in any other manner, under penalty of a fine, for each time when they shall disobey this order, of ten pesos for his Majesty's treasury, to be equally divided between the treasury and the court—to which, from that moment, they are considered as condemned. By this act they so provided and ordered, and they signed the same.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almazan The licentiate Alvaro Zambrano
Before me:
Pedro Hurtado Desquibel
Proclamation: In the city of Manila, on the twenty-second day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands, who signed their names to the above act, declared and proclaimed it in public session.
Pedro Hurtado Desquibel
An act decreeing that the clerk of court who receives the bonds of suitors shall accept only reliable bonds, and at his own risk; and that his residencia in regard to the said office shall be taken.
In the city of Manila, on the 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 in the suits that are brought and considered in this royal Audiencia it is sometimes necessary to order the parties to give bonds, which are accepted by the clerk of court of this royal Audiencia, without his knowing whether they are good or not: therefore as some trouble and annoyance might result from this, and it is expedient to avoid this, and, where bonds are concerned, to require the residencia, they ordered, and they did so order, that now and henceforth the said clerk, in all suits in which bonds are ordered to be given, shall accept only honest, reliable, and valuable bonds, under the penalty of having them charged to his own account and risk if they are not so. He shall give reliable bonds therefor, and shall likewise undergo the residencia of his said office; and shall pay whatever is adjudged and decided against him, and any public demands which shall be lodged against him, as he is obliged to do by law. Thus it was provided, ordered, and decreed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almazan The licentiate Albaro Cambrano
Before me:
Pedro Hurtado Desquibel
Proclamation: In the city of Manila, on the twenty-second day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands, who signed their names to the above act, declared and proclaimed it in public session.
Pedro Hurtado Desquibel
An act decreeing that the auditors who regularly review the charges against prisoners may make what decisions shall be necessary in the suits of prisoners por sala, until their sentences shall be pronounced.
In the city of Manila, on the seventh of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas, in despatching suits of the prisoners in the royal prison of this court, there might be some delay on account of there being many persons imprisoned por sala who are never released during the review of cases made, from which they receive great harm by protracting their release: therefore, the president and auditors agreed, and they did so resolve, that, now and henceforth, when they shall review the cases in the royal prison of this court, on the Saturdays appointed therefor, they may release those who were arrested por sala, if arrested therein by alcaldes of the court; and that, likewise, they may issue the acts which shall seem fitting to them concerning the regulation of criminal cases, until they are definitely concluded by sentence, so that the cases of the said prisoners may be despatched with the greater celerity.
By this act they so ordered, provided, and decreed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almazan The licentiate Alvaro Cambrano
Before me:
Pedro Hurtado Desquibel
Proclamation: In the city of Manila, on the twenty-second day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these islands, who signed their names to the above act, declared and proclaimed it in public session.
Pedro Hurtado Desquibel
An act decreeing that the interpreters shall not trade or traffic with the natives.
In the city of Manila, on the seventh of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas it has come to their knowledge that the interpreters, as a result of their occupation as interpreters, and being for the most part friendly to the natives, seek and attempt to acquire, with trinkets and other illegal means, jewels, slaves, and other things, at lower prices than they are valued by the said natives: therefore, in order to put a stop to the aforesaid evil by applying a remedy for it, they resolved, ordered, and decreed, that now and henceforth, no interpreter shall buy from the said natives any jewels, slaves, or other valuables, except in the presence of the magistrate, under penalty of confiscation of what shall have been bought by the interpreter violating this law, half of which is immediately to be applied to his Majesty's treasury, and the other half to the expenses of justice; and furthermore, he shall not be allowed to exercise the said office any longer. By this act they so provided, ordered, and decreed.
Don Francisco Tello Doctor Antonio Morga The licentiate Tellez Almazan The licentiate Cambrano
Before me:
Pedro Hurtado Desquibel
In the city of Manila, on the twenty-second day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands, who signed their names to the above act, declared and proclaimed it in public session. Diego de Mercado and Juan Garcia, interpreters, were present and were notified.
Pedro Hurtado Desquibel
An act decreeing that the probate judge shall examine the accounts of guardians of minors in this court.
In the city of Manila, on the seventh of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas in this court there are many minors—encomenderos, and others—whose property and effects are in charge of guardians and curators; and because the said property might be spent and dissipated without these guardians being able afterward to give an account thereof to their said minors, which would result to the great harm and prejudice of the latter: therefore, to remedy the aforesaid, they resolved, and they did so resolve and decree, that the common probate judge, now or hereafter, in these islands be empowered to examine, not only in trust but on the party's petition, the accounts of all the guardianships and curatorships of minors in this court, and of the administration and conservation of the same; and he may proceed against those of whom he may be suspicious, or who administer and manage dishonestly, or waste, the goods and effects of the said minors; and may make in the case all the inquiries suitable and necessary, until he shall hand down a definite decision in such cases—for which, and for everything annexed to and pertaining to it, they gave him the requisite power and authority, in the sufficiency required by law. By this act they so voted, ordered, and decreed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almazan The licentiate Cambrano
Before me:
Pedro Hurtado Desquibel
An act decreeing that no one shall keep on his hat or sit down, while the auditor is taking his deposition.
In the city of Manila, in the Philipinas Islands, on the seventh of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the said islands declared that, whereas certain persons have been imprisoned in the royal prison of this court, for criminal cases, who, when their depositions were being taken, sat down and remained with their heads covered, which is in disrespect of royal justice; and as it is fitting to apply a remedy to the aforesaid, now and henceforth, therefore, they ordered, and they did so order, that each and every one, of whatever rank and condition, who may be imprisoned on criminal charges, shall, when his deposition is being taken before any auditor of this royal Audiencia, stand and bare his head, until such time as his deposition is ended. And, in order that this may come to the knowledge of everyone, it shall be made known to the commissioners and attorneys of this royal Audiencia, who shall give notice of the provisions of this act to such persons, whenever occasion shall arise, so that it may be observed. By this act they so provided, ordered, and decreed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almazan The licentiate Cambrano
Before me:
Pedro Hurtado Desquibel
An act decreeing that no attorney shall enter a petition in a new suit between Indians, without first communicating it to the auditor for that week.
In the city of Manila, on the 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 in this royal Audiencia there are brought and considered suits and causes for small amounts among the natives of these islands, in which they incur heavy costs, whereby they receive great injury and vexation: therefore, they ordered, and they did so order, that no prosecuting attorney of this royal Audiencia shall bring therein a new suit or petition for an Indian, without first and foremost bringing it before this royal Audiencia, or before the auditor for the week, in order that the latter may determine whether the suit be a proper one—under a penalty of a fine of six pesos of common gold, immediately upon the conviction of anyone who may disobey this decree; one-third to go to the receiver of fines, another third to the royal hospital, and the other third to the poor in the prison. By this act they so declared ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that the royal officials, in the sale of gold and other goods, from the royal exchequer, see that it be done for cash, and not auctioned to creditors of the exchequer, in order that the latter may receive their money.
In the city of Manila, on the 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 on account of his Majesty's royal exchequer of these islands being, as it now is, embarrassed with many debts, it cannot succeed in paying its creditors what it thus owes them—which results from the fact that some of the said creditors, in order to have their accounts paid to them, present themselves at the royal auctions which are held for the sale of gold, cotton cloth, and other goods collected from the tributes pertaining to the royal crown, and bid on such articles, at higher prices than would be given if they were paying in cash, in order to receive what the royal exchequer owes them; and that if such things as this were allowed to continue, the said royal exchequer would not be able to meet certain necessary matters which continually occur in the service of the king, our sovereign, and of which consideration should be taken: therefore, they declared that they ordered, and they did so order, the official judges of the royal exchequer of the king our sovereign in these islands, that now and henceforth, in the auctions and sales which may be made of any royal property, it shall be made over to the person or persons who bid the highest, being knocked down to them and paid for immediately. They shall admit or receive in no other way any other bid which may be made by the said creditors. By this act they so declared and ordered, and signed the same.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almazan The licentiate Albaro Cambrano
Before me:
Pedro Hurtado Desquibel
An act decreeing that the advocates and attorneys of this royal Audiencia shall follow the customs of the natives.
In the city of Manila, on the 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 in suits brought by natives of these islands, wherein they consider in this royal Audiencia questions of slavery, divisions of inheritances, slaves, marriage-dowries, and other things, it is fitting that the advocates and attorneys of this royal Audiencia follow the customs of the said natives, observed formerly and now in the said suits: therefore, in order that they may be observed as his Majesty orders, and that to that end they may keep a copy in their possession, in order that they may know and observe them, they ordered, and they did so order, that the said advocates and attorneys in all suits at present pending in this royal Audiencia, as in those which shall be brought and continued henceforth, touching the said natives, shall approve and adhere to the said customs which the Indians were thus accustomed to follow and do follow; and they shall take a copy of the said customs which are set down in the books [1] of the royal Audiencia resident in these islands. They ordered that all the aforesaid persons should be notified of this act, in order that they may observe and execute it, under penalty of the loss to the parties; and, besides that, their consciences were charged with it, and it was declared that they would be judged guilty for any laxity or neglect which should thus occur. By this act it was so decreed, and they ordered it to be registered.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almazan The licentiate Albaro Cambrano
Before me:
Pedro Hurtado Desquibel
An act declaring that no use shall be made of the tariff made by this royal Audiencia.
In the city of Manila, on the 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 been provided and ordered that the court clerk and other officials of the Audiencia and ordinary courts shall collect their fees in conformity with the tariff of the royal Audiencia of the City of Mexico in Nueva Espana: therefore, they ordered, and they did so order, that this be observed and executed exactly as the king, our sovereign, commands; and that the said officials may not use the tariff which the Audiencia made concerning the said fees, which is to be withdrawn. No one of the persons herein mentioned shall collect fees in conformity with it, under the penalties imposed upon those who collect excessive fees. This act shall be made known to all the officials whom it concerns. So they declared, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that the alcaldes-mayor shall not make collections, nor shall they be given to the official judges; and that the collectors appointed must be approved by this royal Audiencia.
In the city of Manila, on the 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, on account of the alcaldes-mayor of the provinces of these islands collecting, personally or by their agents, the tributes from the natives in their jurisdiction who pertain to the royal crown, by commission granted therefor by the officials of the royal exchequer, there have resulted many injuries and inconveniences, both to the said natives and the said royal exchequer: therefore, because it is necessary to avoid the said injuries, and apply a remedy to the aforesaid evil, they ordered, and they did so order, that the officials of the royal exchequer of the king our sovereign should be notified, so that in no way or manner, now and henceforth, shall they grant the collections, directly or indirectly, to the said alcaldes-mayor, nor shall the latter have any part of that which is granted to the collectors. Therefore, the said collectors shall take oath in due legal form, that they will make the said collection, taking it for themselves alone, without granting any part to the said alcaldes-mayor. The latter shall not collect the tribute under penalty of deprivation of their offices. The said collectors shall deliver in kind to the royal exchequer the tributes that they shall collect from the said natives, unless the said officials shall order otherwise, for the augmentation of the royal exchequer. And in order that the collectors sent may be fit and proper persons, it is ordered that those appointed to the office by the said royal officials shall present themselves before this royal Audiencia, in order that they may be there approved. The said royal officials shall cause this to be done, under a penalty of a third part of their salary for that year, which must be paid immediately upon conviction of disobedience to this decree. The said collectors shall be vested with the authority of justice. By this act it was so declared, ordered, and decreed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Albaro De Cambrano The licentiate Tellez Almacan
Before me:
Pedro Hurtado Desquibel
An act decreeing that the attorney for minors shall not bring a suit, without first communicating it to the judge for minors.
In the city of Manila, on the 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 in this court there are many minors, whose goods and property are in the charge of their guardians, who might spend and dissipate the said goods beyond the use and profit of the said minors, which would be to their great injury: therefore, because by the attorney and defender of the said minors entering any suits and petitions with regard to the aforesaid minors without giving notice thereof, or communicating with the judge for minors, many inconveniences may result, as a remedy for this, they resolved and ordered that the said attorney for minors shall bring no suit for a minor against his guardian, without first communicating it to the judge who sits or shall sit for minors, that the latter may order what he deems advisable. By this act it was so ordered, ordained, and decreed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almacan The licentiate Albaro Cambrano
Before me: Pedro Hurtado Desquibel
An act decreeing that all the officials, both of this royal Audiencia and the ordinary courts, shall be present at the review of charges against prisoners.
In the city of Manila, on the seventh day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands, declared that, whereas by the absence of the alcaldes-in-ordinary of this city, and of the clerk, reporter, alguazils-mayor, attorneys, commissioners, notaries-public, and other officials, not only of this royal Audiencia but of the lower court of this city, from the review of charges against prisoners, many prisoners are not at liberty—from which it follows that they are vexed and annoyed by long imprisonments and other great injuries and inconveniences; besides the fact that, in many suits, they are unable to administer and provide justice on account of not being present at the said review: therefore, because it is advisable to institute a reform in this matter, they ordered, and they did so order, that now and henceforth, every week on the days set apart for the review of prison charges, the said alcaldes-in-ordinary, the alguazils-mayor of the court and the city, the clerk and reporter of this royal Audiencia, the attorneys and commissioners thereof, the solicitors of the royal offices, the native interpreters, and the notaries-public, bailiffs, alguazils, and other officials of this royal Audiencia and the ordinary court, shall be present at the said review with all punctuality—except the reporter of this royal Audiencia, who is not obliged to be present at the said review, unless he has no suit to attend to—under a penalty of a fine of one peso for every offense, for each one of the aforesaid officials, as soon as they declared him convicted and did convict him. They ordered that the receiver of fines of this royal Audiencia shall observe the aforesaid most carefully for the proper execution and fulfilment of this act—which, in order that no one may pretend ignorance of it, shall be made known to all the persons whom it concerns. By this act it was so provided, ordered, and affirmed.
Don Francisco Tello Doctor Antonio de Morga The licentiate Tellez Almacan The licentiate Albaro Cambrano
Before me:
Pedro Hurtado Desquibel
An act decreeing that the royal official judges in the fulfilment of their duties shall observe the instructions, decrees, and ordinances of his Majesty.
In the city of Manila, on the nineteenth of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas by the ordinances, decrees, and instructions of his Majesty, orders have been given to the official judges of the royal exchequer of these islands, regarding their obligations in the exercise and discharge of their duties, and, because it is fitting that his Majesty's orders in those decrees be observed and fulfilled, they ordered, and they did so order, that the said royal officials should be notified that in the exercise of their offices they should observe the said royal ordinances, decrees, and instructions of the king our sovereign, who has given them, as they are held, exercised, and observed, and as they must be exercised and observed, by the royal official judges of the City of Mexico in Nueva Espana, especially section seventeen of the said royal ordinance. By this act they so provided, ordered, and decreed.
Before me: Pedro Hurtado Desquibel
An act ordering the commissioners to be present at all sessions of the Audiencia.
In the city of Manila, on the twenty-first of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Filipinas Islands declared that, whereas, although by the royal ordinances the commissioners of this royal Audiencia are obliged to be present at the assemblies, they are not there; and thus many cases that come up, both civil and criminal, are delayed in settlement, so that considerable harm and annoyance result to the parties concerned; and furthermore, that official and fiscal cases are delayed, because the said commissioners to all appearances do not employ therein the necessary diligence: therefore, to remedy this condition of affairs, they decreed and ordered that, now and henceforth, all the said commissioners, unless they have legitimate occupation or obstacle, shall be present without fail in the hall at all the sessions of the Audiencia with the greatest punctuality, so that in all matters there may be the prompt action which is desirable, under penalty of a fine of one peso from him who shall disobey this decree, the fine to be applied immediately upon condemnation, in this manner—six reals to the poor in the prisons, and two for the bailiff who has to execute the decree. By this act they so provided, ordered, and decreed.
Before me: Pedro Hurtado Desquibel
An act decreeing that orders shall be given regarding the sworn memoranda of the collector of fines.
In the city of Manila, on the twenty-first of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas Pedro Fernandez de Sanctofimia, attorney in the cases of the Audiencia, is appointed by this royal Audiencia to collect its fines, and ordered to assess the fines imposed upon its officials and other persons who do not observe the royal ordinances, and all other ordinances, decrees, and provisions, to the amount that must be levied for each fine—for, by not executing the penalties thereof daily, there are many oversights and no little remissness in the fulfilment of each one's obligations: therefore, in order that the requisite system be observed in everything, they decreed that, by giving the said Pedro Fernandez de Sanctofimia the present sworn memorandum of fines to be imposed upon everyone, he shall immediately receive his orders thereby regarding what he is commanded to levy for each fine. The latter he shall do immediately, as the said memorandum shall indicate, without any investigation or mandate preceding. The orders that he shall so give shall be executed by the bailiff or alguazil of this royal Audiencia, whenever they shall be issued. Whatever the latter shall collect he shall deliver to the said collector of fines, who shall take charge of it, and enter it carefully in a book, that he may give strict and clear account of each fine collected. And they charged each other's consciences with the fulfilment of all the above. By this act they so provided, ordered, and decreed.
Before me: Pedro Hurtado Desquibel
An act decreeing the making of a book in which shall be entered the decrees sent and to be sent by his Majesty to these islands, in order that they may be observed and executed.
In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas the king our sovereign, by his royal ordinances, ordains and orders a book to be made, in which to inscribe the decrees that he has sent, and shall send, to these islands, and that it contain an account of their execution: therefore, they thereupon ordered, and they did so order, the said book to be made, and entrusted it to the clerk of the court. He shall inscribe therein all the decrees that the king our sovereign has sent and will send to these islands, so that henceforth a detailed account of their observation and execution shall be kept, as his Majesty orders. By this act they so provided, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
That interlocutory decisions shall be concluded at one demand from each party.
In the city of Manila, on the twenty-first 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 his Majesty ordains and commands by one of the royal ordinances for this royal Audiencia, that interlocutory decisions shall be concluded, in trial and review, at one demand from each of the parties, and that the clerk of court receive [no] other demands: therefore, in order that the aforesaid be exactly executed, they ordained and decreed that the attorneys of this royal Audiencia shall conclude the said interlocutory decisions in trial and review, at one demand from each party, without giving or presenting more demands, with the warning that any others presented shall not be admitted. The clerk of court is warned in the present that he shall not receive them under penalty of a fine of two pesos, to be employed as it shall seem proper, and delivered into the charge of the collector of fines of this royal Audiencia, upon whom the execution of the above shall be most carefully charged. And they ordered it to be proclaimed, and especially to the said attorneys. So they provided, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act providing that no proceedings shall be conducted in suits between Indians, without a decree from this royal Audiencia.
On the twenty-first 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 one of his royal ordinances, the king, our sovereign, commands the aforesaid president and auditors that, in suits and civil and criminal cases between Indians, the usual proceedings shall not be conducted or issued, except in cases decreed and ordered by an act of this royal Audiencia: therefore, in order that the aforesaid shall be exactly fulfilled, they ordained and decreed that it should be communicated to the said attorneys of this royal Audiencia, that when, in the name of any natives, they shall bring suits against other natives, before bringing these suits they shall notify this royal Audiencia—in order that, if thought best, they may be docketed, and if not, that the cost and expense may be avoided. Those which shall be prosecuted shall be docketed by formal decree of this royal Audiencia, and in no other manner. They must strive to be brief and precise in everything. The notaries both of this royal Audiencia and the other jurisdictions thereof are ordered, in the collection of fees from said natives, to employ great moderation, and to despatch their business promptly, in order that all his Majesty's orders and decrees may be observed and fulfilled. Moreover, they commanded that the aforesaid notaries be notified of this act. So they provided, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that the attorneys shall go, within three days, to the office of the clerk of court, to settle suits that are concluded.
In the city of Manila, on the twenty-first of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas, on account of the non-appearance of the attorneys of this royal Audiencia at the office of the clerk of court for this royal Audiencia, to settle and otherwise regulate suits and cases which are concluded, in order that they may be reviewed and decided, there is great delay in their revision and decision, so that the interested parties are subjected to great harm and annoyance: therefore, to remedy this, they ordered, and they did so order, that all the attorneys of this royal Audiencia shall be notified that, whenever the said suits are concluded, wherever they shall be brought, within the three days first following they shall appear at the office of the above-mentioned clerk of court, and there settle and dispose of them, so that there shall be nothing wanting, and that they may have the necessary despatch—being warned that, if they do not thus come within the said term, the said clerk can settle the said processes, and send them to the reporter for him to review them in court. And if, by the said attorneys' negligence, the parties suffer any harm, the said attorneys shall pay them for it in their persons and goods. By this act they so declared, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that the notaries shall not collect their fees entirely from each of the parties, but that each one shall pay the part he owes.
In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas it has come to their knowledge that both the notaries and the reporter [relator] [2] of this royal Audiencia and of the other jurisdictions of this court, collect fees for the trial of suits and other acts thereof in entirety from each of the parties at whose petition they may take action, saying that they should pay them entirely: therefore, because the aforesaid proceeding is to the great harm and damage of the parties, to make them thus pay what they do not owe, and since the aforesaid evil should be remedied, they ordered, and they did so order, now and henceforth, that the said notaries and reporter, or either of them, shall not collect in any way, or in any case, the fees owed by one of the said parties from the others, but that each one shall pay what he owes. On account of not paying the total fees, the party who would wish his suit to be tried, shall not have it delayed; but, as soon as he has paid his share, his suit shall be despatched with all celerity. And they declared that they charged, and they did so charge, their consciences with this; and furthermore, that whoever shall disobey this decree shall be convicted and sentenced to pay a fine four times as great as the sum thus exacted, for his Majesty's treasury, in addition to the fines which those who exact excessive fees incur. By this act they so declared, ordered, and decreed; and that this act shall apply to any person whom it concerns.
Before me:
Pedro Hurtado Desquibel
An act decreeing that the attorneys shall not speak in suits wherein they shall not have been authorized to do so.
In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas the attorneys of this royal Audiencia often take it upon themselves to speak and make allegations in suits in which they have no authority, and in which they have not appeared as parties to the said case, certain nullifications can be created—for which reason the said case may be brought again, and the parties thereto subjected to considerable injury and expense: therefore, to obviate the said injuries and other inconveniences of reconsideration, they ordered, and they did so order, that, now and henceforth, neither the said attorneys nor any one of them shall take it upon himself to speak, nor shall they speak in any suit or case, unless authorized therefor by the party in whose favor they shall speak, or unless he has proved himself to be a party to the suit—under penalty that he who shall disobey this decree shall incur a fine of four pesos of common gold, as soon as he shall be judged guilty thereof; three of them to be given to the royal hospital for Spaniards, and one to the bailiff in charge thereof. And under the said penalty, the clerk of court is ordered not to give any one of the said attorneys any suits or petitions, unless empowered thereto by the parties concerned. By this act they so ordered, declared, and decreed.
Before me: Pedro Hurtado Desquibel
An act decreeing that the evidence that the clerk of court cannot take be entrusted by commission of this royal Audiencia, and assigned by the members thereof, to the notarial commissioner of examinations.
In the city of Manila, on the twenty-first day of the month 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, conformably to the royal ordinances, all the evidences in suits and cases pending in this royal Audiencia, are committed to the clerk of court; and whereas, on account of the volume of business incumbent upon his said office, he cannot receive them all, and commits them to the notaries: therefore, because the aforesaid taking of evidence cannot be done unless authorized by this royal Audiencia, under the direction of its members, they ordered, and they did so order, that in regard to evidence which the said clerk of court cannot take immediately in interrogatories and petitions, by virtue of which such evidence must be taken, an act be passed by which his duty may be committed by this royal Audiencia and assigned by its members to a commissioner of examinations, the latter to receive and examine the said evidence, and to take the oaths of witnesses thereto. The said commissioner shall give a receipt to the parties for the fees which he shall collect from them for said evidence, and at the foot of the evidence he shall in like manner sign his name. The clerk of court shall not receive any fees for such evidence; and under no circumstances whatever shall the said evidence be taken in any other way, except as herein stated, under penalty that evidence given in any other way shall be null and void; and the commissioner receiving it shall incur a penalty of one hundred pesos of common gold, as soon as he shall have been judged guilty, the fine to be applied in equal parts to the royal treasury and court-rooms of this royal Audiencia. By this act they so declared, ordered, and decreed.
Before me: Pedro Hurtado Desquibel
An act decreeing that the officials of this royal Audiencia shall give bonds at the beginning of every year, and that likewise, they shall give them for the time during which they have already held office.
In the city of Manila, on the twenty-first day of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands declared that, whereas, in order to conform to the decrees and provisions of his Majesty, and to be just with the parties entering suits, the officials of this royal Audiencia are under obligation to give bonds that they will undergo residencia for the right exercise and discharge of their duties, at the beginning of each year: therefore, because hitherto they have not given bonds for the time while they have exercised their said offices, and because they should give them, both for the aforesaid time and for the future, they resolved and ordered that the commissioners of examination, attorneys, assessor of taxes, collector of fines, deputies of the alguazil-mayor, and the prison warden of this court, shall each one of them, within fifteen days after being notified of this act, give safe and reliable bonds, before the undersigned clerk of court, that they will undergo residencia for the use and exercise of their offices, and pay everything which may be adjudged against them in the matter, and also in the suits which may be instituted against them. They are also warned that after the said term of office has expired, they shall exercise the said offices no longer, which shall be immediately declared vacant, and other persons appointed thereto. Likewise, within the said term and under the said penalty, they shall give bonds for all the time during which they have already exercised the said offices in the royal Audiencia, for which they have not given them. In the future, they shall be notified and ordered to renew the said bonds at the beginning of every year, under the said penalty. By this act they so provided, enacted, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that cases of twenty pesos or less shall not be brought to trial; and that the notary shall not take a larger fee than one-half peso from each party.
In the city of Manila, on the twenty-first day of the month 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 so many suits involving twenty pesos or less are wont to be begun, and as much time is consumed therein as if they were affairs of greater magnitude, whence there results to the parties concerned great harm and damage by reason of the great cost and expense wasted therein, beside the long and tedious delays in the collection of their debts: therefore, to remedy that, they agreed and ordered that, now and henceforth, no trial shall be made of cases amounting to twenty pesos or less, unless they are briefly and summarily disposed of; and that the notary before whom they are brought shall not take for his fee more than four reals only from each party, even if they make many investigations in the matter—under penalty that all that they take above that sum they shall return to the parties concerned, together with four times as much for his Majesty's treasury. By this act they so provided, ordered, and decreed; and the notaries whom its fulfilment concerns shall be notified.
Before me:
Pedro Hurtado Desquibel
An act concerning the order that the alcaldes-mayor are to follow in trying Indian suits.
In the city of Manila, on the twenty-first of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of these Philipinas Islands declared that, whereas his Majesty has ordered, in his royal decrees and ordinances, that the suits of the Indians shall be treated summarily, and that processes issued within the limit of the law shall not be so conducted that the said Indians waste their substance by incurring too heavy costs: therefore, in order that the royal will of the king our sovereign might be exactly fulfilled, they resolved and ordered that the alcaldes-in-ordinary and the alcaldes-mayor and other magistrates and notaries, in suits of the Indians, shall observe their instructions and the following articles.
First, when any Indian—whether man or woman—shall enter suit for liberty, or any other matter, against another Indian without giving a traslado, [3] the said magistrate shall order the Indian sued to appear before him and take oath as to the truth of the demands of the plaintiff. If he shall confess it, justice shall be done by settling the case; and if he deny it, the case shall be reserved for evidence within a short time, with obligation for publication and conclusion. The said magistrates shall order that, as soon as both parties name their witnesses, the latter shall be brought into court, and an oath taken from them to tell the truth, and they shall cause them to tell by word of mouth what they know. After they have thus testified, the substance of their depositions shall be recorded, in this form: "So and so of such an age, capable or incapable as a witness, said so and so under oath;" and the same shall be done with the other witnesses in the same order. The evidences of both parties being taken, and the time-limit having expired, a just finding shall be determined. If either of the parties appeal, the alcaldes-mayor shall hear them in the court of appeals; and the witnesses named by either party shall be subpoenaed, and shall give their evidence in the same form as set forth above, the case being admitted to trial within a short time, with obligation for publication and conclusion—at the expiration of which the process shall be sent to this royal Audiencia to be settled, the original parties being summoned for all trials, the time and place being appointed by the court.
Second. Item: If the suit be a criminal suit, the complaint and charge shall be received. If there is guilt, the person shall be arrested, and the prisoner's declaration taken. The charge shall be formulated against him, and the case admitted to trial within a short period, with obligation for publication and conclusion; and within the probatory limit the testimonies given in the preliminary process shall be verified, other new ones received, if there be any, and the defendant's plea taken. The time having expired, the case shall be decided. If any of the parties shall appeal, the original process shall be sent to the Audiencia; because in this way the said natives will avoid heavy expense and cost, and the cases will be more quickly decided. In criminal cases, no other form of process shall be used than that which is appointed for civil cases.
Third. Item: If the suit be to the amount of three pesos, or less, the judgment shall be so summary that only the substance of the whole matter is to be written, together with the decision, in a report. The original shall be retained by the notary, and if either of the parties shall desire an authenticated copy, it shall be given them as a safeguard of their rights. And in suits for the said amount, only one real, and no more, may be collected between judge and notary.
Fourth. Item: That if the judge shall attest the testimonies in any civil or criminal suit by flourishes and signatures that he may make, he cannot collect any fees; since there are none due him except for the acts that he shall draw up and sign.
Fifth. In order that the said instructions be exactly observed and fulfilled, they declared that they order, and they did so order, the alcaldes-in-ordinary and the notaries-public to be informed thereof, and testimony thereof to be sent to all the alcaldes-mayor, whose consciences they declared they charged, and they did so charge, with the fulfilment thereof. Furthermore, in the residencias which shall be taken from them, he who shall not have fulfilled this decree, or caused it to be fulfilled, shall be punished and with great rigor. So they provided, ordered, and decreed.
Before me: Pedro Hurtado Desquibel
An act decreeing that the alguazils-mayor and their deputies shall make the rounds every night.
In the city of Manila, on the twenty-first day of the month 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 it has come to their knowledge that neither do the alguazils-mayor of this court and city, nor their deputies, make their rounds throughout the city, as they are under obligation to do—as a result of which, murders, robberies, and other lawless acts and crimes occur daily, to the great injury of the citizens: therefore, to remedy this state of affairs and provide this community with the necessary guard and order, they ordered, and they did so order, the said alguazils-mayor and their deputies to be notified that they must make their rounds during the night, as they are under obligation to do in this city, without fail, under penalty of a fine of ten pesos of common gold—to be applied, as soon as anyone shall be condemned for disobeying this decree, in equal shares to the two royal hospitals of this city—for the Spaniards and for the natives—in addition to the loss and interest to any parties which may result and occur. By this act, they so provided, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that there shall be in the courtroom, a list of the charges fixed by the royal tariff, and that each notary shall keep one in his house.
In the city of Manila, on the twenty-first day 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 king our sovereign, in his royal ordinances, decrees and orders that a list of the charges fixed by the royal tariff be placed in the court-room, and that likewise each notary whom it shall concern shall keep a copy in his house, for its better observation and execution: therefore, in order that the aforesaid may be exactly fulfilled, they ordered, and they did so order, a complete copy of the said royal tariff to be made by this royal Audiencia. It shall be set forth in a list, and placed in the court-room; and all the notaries and persons mentioned therein, and those whom it may concern, shall make a copy, and keep the same in their houses and affixed to a tablet in some public place, where it may be seen by those transacting business. This they shall do and fulfil within one week after this act shall have been made known to them, under penalty of a fine of six pesos of common gold; and anyone incurring this penalty shall pay this sum immediately—half of which shall be set aside for the poor in the prisons, and the other half for the Spanish hospital in this city—beside incurring and undergoing the penalties contained in the said royal ordinances. By this act they so provided, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that within four months the royal officials shall close up the accounts held by the royal treasury.
In the city of Manila, on the twenty-first day of the month 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 in the royal accountancy of the king our sovereign there are, at this very day, many accounts to be balanced and closed of individuals who owe the royal treasury a large sum of gold pesos, and others to whom money is due—whence has resulted, and results, the lack therein of the system and management which should be observed in the said royal exchequer: therefore, in order that on this account no losses may result, and that the matter may receive its due consideration, they ordered, and they did so order, that the official judges of the royal treasury of the king our sovereign, in these islands, within the four months first following the day on which they shall have been notified of this act, shall balance and close each and every account that the royal treasury holds with any individuals of these islands. They are warned that whoever shall not so fulfil and execute his orders, after the expiration of said time, will be charged with everything, and ordered to pay all accounts not balanced and liquidated. By this act they so declared, ordered and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that all the officials of the royal Audiencia shall take copies of the royal ordinances.
In the city of Manila, on the twenty-first day of the month 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 one of the royal ordinances, it is ordered that all the officials of this royal Audiencia, and other persons whom they concern, shall keep in their possession a copy of the said ordinances; therefore they ordered, and they did so order, that within thirty days after the publication of this act, each of the said officials shall take a copy of the said royal ordinances and keep it in his possession; and each one, so far as he is concerned, shall observe and execute them, as his Majesty orders therein, under the penalties therein contained—under the penalty that if, after the expiration of said time, the said copy has not been made, they shall be immediately convicted and fined in the sum of six pesos of common gold, the latter being applied to the court-rooms of this royal Audiencia. By this act they so declared, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel
An act decreeing that no alcalde-in-ordinary, notary, commissioner, attorney, or any other official of this royal Audiencia, or of the ordinary court, shall go outside this city without license.
In the city of Manila, on the twenty-first day of the month 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 alcaldes-in-ordinary of this city, notaries, commissioners, attorneys, and other officials, both of this royal Audiencia and of the ordinary court, whenever they see fit, leave the city without license—whence results much harm to the litigants, on account of the delay and unsatisfactory conduct of their business, beside many other inconveniences resulting therefrom: therefore, to remedy this evil, they decreed and ordered that, now and henceforth, no alcalde-in-ordinary, commissioner, attorney, notary-public, or other official of this royal Audiencia or of the ordinary court, shall go anywhere outside of this city, without the express permission of this royal Audiencia, under a penalty of a fine of six pesos of common gold, in which sum anyone adjudged guilty of the contrary shall be immediately fined—one-half for the poor in the prison, and the other half for the poor in the Spanish hospital—beside the loss and interest which may result to the parties concerned on account of the delay in justice. By this act they so proclaimed, ordered and decreed.
Before me:
Pedro Hurtado Desquibel
Ordinances and laws for the Sangleys.
We, the president and auditors of the royal Audiencia and Chancilleria of these Philipinas Islands. Whereas it has been learned by experience in this city that the Sangleys residing in the islands and their neighborhood have had and maintain among them a custom of practicing, and they do practice an abominable sin against nature, not only with the Chinese, but with the Moro and Indian boys of these islands, by which God, our Lord, is greatly disserved; and, whereas, the said Chinese have had and have the habit and custom of bringing from China, or making in this city, money of base metal, and they pare and clip the royal money, to the great fraud and injury of the royal exchequer; and although they have seen that some are punished for this, they have not taken warning; and whereas, the said Sangleys, who are infidels, ally themselves with the Christian Indian women, and have lawless carnal intercourse with them; and whereas, besides the aforesaid crimes, the said Sangleys are wont to buy from slaves and Indians golden jewels, trinkets, clothes, and other articles which are stolen: therefore, to supply a remedy for all that, and in order that such crimes and disorders shall cease, now and henceforth, we command the following orders to be observed in everything.
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. |
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