The Philippine Islands, 1493-1898 — Volume 13 of 55 / 1604-1605 / 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

by Unknown

DECREE REGULATING COMMERCE WITH NUEVA ESPAÑA

The King: The king my lord and father (may he rest in peace!) by various decrees prohibited trade and commerce of the Western Indias with the Philipinas Islands and China generally, to obviate the loss that resulted therefrom to these kingdoms and to their trade and commerce; and he ordered and commanded that no vessel whatsoever should go from the provinces of Peru, Tierra Firme, Guatimala, or any other part of the Western Indias, to the said kingdoms of China and the Philipinas Islands, under the penalties which were for that purpose imposed. But further, considering the importance of the preservation of the parts of those lands that are reduced to our obedience and to the Christian faith (which had been established there), and likewise for the greater extension of the gospel and of our holy Catholic faith, he allowed and gave permission for two ships to go each year from Nueva España to the said Philipinas Islands, each of three hundred toneladas, in which were to be conveyed reënforcements of troops and other things necessary, and the goods for trade which were to come thence to Nueva España, and which were shipped on account of the royal exchequer; the cost of sending these ships was to be taken from the freight-moneys for the goods, and the quantity and value of the goods freighted each year was not to exceed two hundred and fifty thousand pesos of eight reals, nor the return in money five hundred thousand for principal and profit, this trade being restricted to the citizens of the said Philipinas Islands. All the said goods must be consumed in the said Nueva España, or brought to these kingdoms; and in no case might they be taken to Peru nor to any other part of the Indias, [35] under the penalties imposed for such violation, as more fully explained in the decrees cited, to which we refer. Although it has been ordered by other decrees at various times that these should be observed and complied with, I have been informed that this has nut been done, and that the quantity allowed has been and is being greatly exceeded in the amount taken each year, with the knowledge and permission of my viceroys, audiencias, and governors—goods to the extent of more than two millions of ducats being registered and openly sent, besides what is secretly shipped. All this money finally makes it way into infidel kingdoms, whereby their power is increased; and from this have resulted great losses to our exchequer and to the commerce of these kingdoms with the Western Indias. Those chiefly interested in this trade are the citizens of Nueva España, Peru, and other provinces; they have taken the said merchandise there against the provisions and commands of the said decrees, and the warnings sent to the said viceroys, audiencias, and governors, and the measures that have been and are now being taken are not sufficient to prevent these violations. As the correction of these lawless acts and a remedy for the greater injuries that may be expected, are of so great importance and moment (all these difficulties having been represented to me), and as I have been petitioned by the prior and consuls of the mercantile corporation of Sevilla, and other persons who are zealous in behalf of my service that, in order to stop this, I should command the entire prohibition also of the trade of the said Nueva España with the said Philipinas Islands: Having discussed and considered this in my royal Council of the Indias, and consultations being held on all that should be considered in this matter, as it appears that they desire to prevent and avert future losses, and likewise aim to secure the preservation and growth of the Christian religion in the said islands, and the neighboring kingdoms, wherein the service of our Lord is so greatly concerned, I have decided that for the present the trade and commerce of the said Philipinas Islands with Nueva España should be maintained according to the ordinances; that the quantity of merchandise which may be carried each year from the Philipinas Islands to Nueva España is by no means to exceed two hundred and fifty thousand pesos of eight reals, as is provided; and the return of principal and profit in money is not to exceed five hundred thousand pesos, which I have permitted. For no pretext, cause, or reason to be alleged therefore is this to be exceeded, and the traders in every case must be citizens of the said Philipinas Islands, and none others whatsoever, as is likewise ordered by the royal decrees of the king my lord, and under the penalties therein provided. These I command to be executed without fail against the trangressors, without there being any exemption or excuse.

Further, in order that this may be better accomplished, and to remove the opportunities for shipping a great deal of merchandise, and likewise that the crews may go and come in safety, it is my will and I permit that there be four ships in this trade, each of two hundred toneladas burden, and no more; and they shall be my vessels, and shall sail on my account, two each year; and the others shall remain in port making ready for the voyage of the succeeding year, as is ordered—for in this way they will sail at the proper time, without waiting for one another; nor shall they exceed this number and capacity. These ships shall be built expressly for that route, of the said size and of the required strength, on account of the inconveniences that have heretofore resulted from the ships being large and having been navigated on the account of private persons, in whose charge they were placed—which last must without fail cease.

Furthermore, in order to avoid such large expenses as have hitherto been incurred on that route, owing to the large number of agents and officials who have gone in the ships thereon, it is my will and command that from now on there shall be only one commander of the two ships, and one lieutenant, who shall be admiral. Each vessel shall take not more than one captain of war, besides the ship-master, and there may be as many as fifty effective soldiers in each ship, drawing pay; and the sailors who shall be necessary to go and return. These shall be kept under discipline, that they may be effective and practiced. There shall be two examined pilots and one assistant pilot for each vessel, of the necessary qualifications. For the present, and until further orders, I desire, and it is my will, that since the property to be traded will be that of the citizens of those Philipinas Islands, all these officials—commander, lieutenant, captains, masters, and pilots—shall be appointed by my governor and captain-general of the said Philipinas Islands and the archbishop of Manila, the present or the future incumbents of those offices, notwithstanding that they have heretofore been appointed and furnished by my viceroy of Nueva España; and him I command to cease doing this from now on. If the said governor and archbishop do not agree in this selection, I command that they shall join with them the senior auditor of the Audiencia, and the decision of the majority of these shall be carried into effect. The persons appointed for these offices shall be chosen among the principal and honored citizens of the said islands, and the fittest to be found for the duties that they must perform. They shall give securities in the form and amount that may seem best to the said governor and archbishop, for the greater security of what may be in their charge. Their residencias shall be taken for each voyage by the auditors of my said Audiencia of Manila; and I command that they shall not be allowed to make a second voyage until they shall have given the said residencia, and account satisfactorily for what was in their charge.

As I have been informed that there have been many infractions and irregularities during past years on the part of the commanders, admirals, and officers of the said ships, in the matter of carrying money and bringing back great quantities of merchandise on their own behalf; and that they have caused serious grievances to the traders, especially to the citizens of the said islands: for the present I forbid and prohibit them in any case to trade or traffic, or to occupy or lade the said ships during the voyage made in their charge, in small or great quantity, under their own or any other name, in any article whatsoever; nor shall a single tonelada be assigned to them, as to the other citizens; nor can they buy or take from others any space for freight—under penalty of a perpetual deprivation of the said offices on the trade-route, and confiscation of the goods which they may have laded, carried, or taken, which on investigation may be found to be theirs.

I consider it well, and so decree, that, in order that the said officials may be maintained according to their station and the obligations of their offices, there shall be give to the said commander a salary of four thousand ducats, and to the admiral three thousand, for each voyage out and back. And I permit and allow the said governor and archbishop to give to the captains, soldiers, sailors, and artillerymen who shall go in the said ships for each voyage, the wages that they may assign as their earnings, and as just, for the said voyage; for to these no more [than to their superiors] shall permission be given to lade, or cause to be laded, merchandise in quantities small or great, under the said penalties.

And as it has been understood that in the past more commanders than necessary have been appointed for the ships on the said route, and they have carried in the posts of artillerymen and sailors many who were not such, it is my will that this should cease and be corrected henceforth; and that for each piece of artillery that the ships carry, there shall go one artilleryman, and no more, nor shall wages be paid to superfluous men.

And in order that there may be the fitting account and regularity in all things, all proceedings shall be conducted equitably and with great precision in the matters ordered. It is my will and command that there shall be in the said vessels, and sail with them, an inspector and an accountant, to keep account and system in everything. And they shall inspect the articles laded as merchandise, and carried back on return in the said ships, and account for them in their books. The said inspector and accountant shall be appointed by the governor and archbishop in the same maner as they select the commander, admiral and other officers, and with the same intervention of the senior auditor of the Audiencia in case they do not agree. They shall take care that these be persons of approved qualifications, satisfactory, and worthy of confidence; and shall assign them such salary as may appear sufficient and just, provided that it does not exceed two thousand ducats a year to each man for each voyage, for they must not ship goods [for themselves] either little or much, under the penalties provided for the commander and admiral. And the said inspector and accountant must sail, one in the commander's ship and the other in the admiral's ship, alternating each voyage. The said governor and archbishop shall give them the instructions and plan which they must follow on the voyage, and they must give residencia like the other officers of the said fleet, before they embark again for another voyage; and the consciences of the said governor and archbishop are charged with the selection and appointment of all the said ministers and officials.

And since, on account of the overloading of the vessels which thus far have plied on the said Philipinas route, we have seen that many have been wrecked, with the men and goods which they contained, and as it is fitting that this be remedied and prevented, we command that in future care be taken that the tonnage to be carried in the said ships shall be conformable to their capacity, leaving the space necessary for the men who sail in them, and the supplies they take—which must be sufficient so that in case of the lengthening of the voyage, for any cause which may arise, the men may not perish for lack of them. Great care should be taken that they be not overloaded or encumbered, so as to put them in danger of wreck or some misfortune; on the contrary, they should be lightly laden, and in such manner as will secure their safety against storms or enemies that may be encountered. The tonnage which, as aforesaid, is to be laden in them shall be allotted by my governor, the archbishop of Manila, the senior auditor and the fiscal of my said Audiencia, and two regidora of the cabildo of the said city of Manila, among the citizens of the said islands who may have property to invest. This allotment shall be made in the most equitable manner, and without aggrieving anyone (as we are confident they will do), for it is just that all should enjoy this benefit and convenience for their maintenance and benefit; and their object should likewise be that the country be peopled with useful colonists, such as will remain there.

I also command that my viceroy of Nueva España and the governor of the said Philipinas Islands, each so far as this concerns him, shall moderate and regulate the freight charges to be paid on what is laded in the said ships on their voyages to and fro, according to the expenses thereof—conformably to the reduction that is made in the tonnage of the said ships and the number of men who are to sail in them, and the other expenses incurred—in such manner that no superfluous or unnecessary expenses shall be incurred (but not so that necessaries or conveniences shall be lacking), and that it shall not be necessary to supply anything from my exchequer for the expenditures for the said fleet. For this reason the duties now levied and collected on the merchandise shall be raised two per cent, and that on silver another two per cent, by way of avería [36] as is done on that carried from the Indias via the Northern Sea in the fleets and armed vessels; for this is conformable to the profits of those that trade in the said Philipinas route. The proceeds of this shall be a special fund, with a separate account carefully kept, in the said city of Manila, to be used for the expenses contracted for the said ships and their crews; with this shall be placed the freight charges which may be collected conformably to the order which will be given, as has hitherto been done; and in all things the necessary order and system must be maintained by the said accountant and inspector, and by my royal officials of the said Philipinas Islands.

I charge and command my viceroys of Nueva España, both present and future, to take especial care in the accomplishment and execution of all the foregoing; and to station in the port of Acapulco, besides the royal officials who are now there, a person of great integrity, trustworthiness, and competence, with a commission as alcalde-mayor, so that this decree may be suitably enforced in all respects; and no more money may be carried [in the ships] than the amount permitted, whether with or without license. In the said port the registers of all that is brought from the said Philipinas Islands shall be opened by the person to whom that duty is entrusted by my viceroy and by the officials of my royal exchequer at the said port of Acapulco. They shall also together inspect and check off the bales and chests, with the scrutiny and care necessary to ascertain what has come without registry and contrary to permission. The said registers are to be sent to Mexico, as usual, with the results of the investigations made in the said port of Acapulco, by a person of integrity or by one of my said officials. In Mexico everything shall be again checked off, and appraised; and the duties that belong to me shall be collected and proper measures shall be taken to ascertain and learn what has come registered, and whatever shall be found to have come without registry, and whatever is carried contrary to the said prohibition, shall be confiscated: but no permission or opportunity shall be given for committing, in this procedure, or under pretext or occasion thus afforded, any injury or act of injustice against the owners of the said property.

And I command that the same care be taken at the port of Acapulco in examining the royal silver and other articles which may be embarked and carried to the said Philipinas Islands. The royal officials of the said port shall take account of them, and shall inform my governor thereof and the royal officials of the said islands, sending them the registers, and giving them all necessary information. As the majority of the persons who go every year from Nueva España to the said islands do not remain there, but return immediately, investing what money they possess, I command my viceroy of Nueva España to give permission to no one to go to the Philipinas Islands, unless such person shall give securities that he will become a citizen and resident there for more than eight years, or unless he shall go as a soldier, sent to the governor; and against those who violate this decree, and their bondsmen, he shall execute the necessary penalties without fail.

And as it is my will that all the aforesaid should be complied with, observed and executed inviolably, as also the decrees which were ordered to be despatched by the king my lord, which are hereinbefore mentioned, concerning the said trade, in so far as they are not contrary to what is decreed and ordered, I command my viceroy of the said Nueva Spaña and my governor and captain-general of the said Philipinas Islands, and my audiencias there, and my other judges and magistrates, and all private persons whomsoever—each in so far as concerns him—to observe and comply with, and cause to be observed and complied with this decree, with exactness, and to execute the said penalties without any exemption or remission. And in all cases of remissness or carelessness which these my ministers shall display in the fulfilment and execution of the said orders, I command that the penalties be executed against them, and the example which the affair demands shall be made; for this reason I command that, when the residencias of their offices shall be taken, they shall be made responsible for such matters. And that these commands may come to the notice of all, and none may pretend ignorance of them, I command that this my decree be publicly proclaimed. Issued at Valladolid, on the last of December of the year one thousand six hundred and four.

I The King

Countersigned by Pedro de Ledesma; signed by the Council.

[Note at beginning of MS.: "Your Majesty's decision and mandates concerning the trade of the Philipinas Islands with Nueva España. Corrected.">[

DOCUMENTS OF 1605

Complaints against the Chinese. Miguel de Benavides, and others;
February 3-9.
Letter from a Chinese official to Acuña. March.
Letters from Augustinian friars to Felipe III. Estevan Carrillo,
and others; May 4-June 20.
Letter to Felipe III. Antonio de Ribera Maldonado; June 28.

Source: All of these documents are obtained from MSS. in the Archivo general de Indias, Sevilla.

Translations: The first and fourth are translated by Robert W. Haight; the second and third, by Henry B. Lathrop, of the University of Wisconsin.