The Philippine Islands, 1493-1898 — Volume 25 of 55 / 1635-36 / 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

Laws Regarding Navigation and Commerce

[The first installment of these laws is given in Vol. XVII, pp. 27–50. The laws in the present installment date from 1611 to 1635. The method of treatment is the same as in the laws of the above volume.]

Law XXX

The viceroy of Nueva España shall not allow any married man to pass thence to Filipinas unless he take his wife with him, or unless he have permission to leave the country for a limited time, after giving bonds that he will return within the time set; and provided he leave his wife what is necessary for her support. In no other way [shall he be allowed to go]. [Felipe III—Guadarrama, November 12. 1611.]

Law XXXIII

Many religious and laymen come to these kingdoms from the Filipinas Islands by way of Eastern India, abandoning their ministries and employments. We order the governor and captain-general to be very careful about applying the remedy, and that he give notice of this to the bishops and to the superiors of the orders in what pertains to them; and the said governor shall maintain especial watch over the laymen so that they may not go by that route. [Felipe III—Valladolid, November 4, 1612.]

Law LXXII

We charge the regular prelates that they watch very carefully and give strict commands in all the convents and houses of their orders, that under no consideration shall Chinese merchandise be concealed or hidden therein; and any violation of this rule shall be punished. [Felipe III—Valladolid, August 20, 1615.]

Law XLVI

Our fiscal of the royal Audiencia of Manila shall take part in the allotment of the toneladas that are allowed to be distributed; and it shall be done with his consent and in his presence. In the same way he shall be present at the transaction of business in our royal treasury. Nothing shall be attended to unless he be present, and he shall endeavor to avoid the losses and injuries that may arise in the aforesaid [his absence]. [Felipe III—Mérida, May 4, 1619.]

Law XXXVII

If any foreigners are engaged in the Filipinas Islands in the occupation of sailors, or if they come to Nueva España in the ships, in the line of that trade-route, they shall not be molested, nor shall they be obliged to make agreements. If any trouble result from this, we order the viceroy of Nueva España and the governor of Filipinas to advise us thereof in our Council of the Indias, so that suitable measures may be taken. [Felipe III—Santaren, October 13, 1619.]

Law VII

It may be necessary and advisable to send a fleet from these kingdoms to the Filipinas Islands by the cape of Buena Esperanza or the straits of Magallanes and San Vicente. Those who shall sail to serve us may happen to carry in the fleet investments of merchandise, wines, oils, and other things, and with that object undertake that voyage, and be the cause of delay or loss to the fleet by their making a pretext of difficulties, from which might result great inconveniences. In order that such may be prevented, we order that when any such fleet shall be sent, no person, of whatever rank or condition he be, shall lade or allow to be laded in it any of the aforesaid goods, under penalty of losing his life and of the confiscation of his property. If such a thing happens [i.e., that a fleet be despatched], this law shall be proclaimed in the port whence the said fleet sails, so that it may be obeyed and observed. [Felipe III—Madrid, December 12, 1619.]

Law VIII

In the fleets that shall sail from these kingdoms to Filipinas in order to succor them, or for matters of our service, married pilots may embark, even though they leave their wives in these kingdoms. And because when they shall have reached the said islands, they will wish to return to their families, and it is right that no obstructions be placed in their way, and in that of others, we order the governors to allow them to return and perform their voyage, and to give them the necessary despatches. [Felipe III—Madrid, December 12, 1619.]

Law XXVI

There is sufficient flour in the Filipinas for the supplies that are provided there on our account. Inasmuch as that taken from Nueva España is not so good, we order that provision of this product be not made from Nueva España, in consideration of the fact that it is advisable to benefit our royal treasury as far as possible. [Felipe III—Madrid, May 23, 1620.]

Law XLV

In the permission conceded to the inhabitants of Filipinas of the lading-space in the ships that sail to Nueva España, it is ordered that this be distributed according to their rank and wealth. Notwithstanding, the governors do not make the allotment in accordance with this order. Sometimes they give it, under pretext of gratuities, to officers on half-pay, thus obliging the inhabitants to buy space at excessive prices. Sometimes they allot many toneladas for charitable purposes, in order that these may be sold, and the price [obtained for them] be used therefor, to the prejudice of the general welfare; this results from causing them to be sold to those who will pay the best price for them, and merchants who have companies in Méjico buying them—to whom a great part of the merchandise generally belongs, to the prejudice of the citizens to whom is conceded the permission by which favor is shown them. We order and command the governors to observe the ordinance; and if they violate it, it will be placed as a clause in their residencia. [Felipe III—Madrid, May 23, 1620.]

Law XIX

The ships which shall be built for the trade between Filipinas and Nueva España shall have and shall without fail carry their hearths under the forecastle, and in no other part. In no case shall they be carried above deck. [Felipe III—Madrid, May 29, 1620.]

Law XLIX

The accommodations distributed to the officers in the ships of Filipinas shall be moderate, and shall conform to the capacity of the ships. The governor shall assign to each one the space which he may occupy and fill, and he shall not exceed it. [Felipe III—Madrid, May 29, 1620.]

Law LI

In the enrollments of seamen which are made in Filipinas, it occurs that a ship admits and carries sixty sailors, not thirty of whom are of use, and in time of need there is no one to work; and there is signal danger in so long and difficult a voyage. We order the governor and captain-general always to provide and order that the sailors and common seamen be effective. If our officials do not comply with this, it shall be placed as a clause in their residencias. [Felipe III—Madrid, May 29, 1620.]

Law LIII

The Indian deck-hands on the ships of Filipinas shall all be from that coast; and shall be clothed, in order to protect themselves from the cold of the voyage. Our fiscal of the Audiencia of Manila shall enroll, and take a memorandum of, the Indian deckhands who shall be embarked. On the return from the voyage, he shall take account from the ship’s officers of the payments and treatment that shall have been given the Indians. If any of them shall have died from the causes above mentioned, complaint shall be lodged against the guilty, until they are punished as a warning and example; and it shall be a charge in their residencia against the said officers, who must be obliged to give account of those Indians. If any Indian die from sickness or accident, a report must be made of it in the same vessel, as soon as it happens; and if they do not do that, and the Indian dies, they shall be considered as confessed criminals, guilty of the crime. [Felipe III—Madrid, May 29, 1620.]

Law LV

Inasmuch as many slaves are usually carried in the ships from Filipinas, who consume the provisions, we order and command that no passenger or sailor shall take more than one slave, except persons of rank, and that for good cause, and with careful restriction. And inasmuch as the duties are paid in Acapulco on those who are sold there, because of the inconvenience of paying them in Manila, we order that the president and auditors of our royal Audiencia of Filipinas provide that it be so observed and executed. [Felipe III—Madrid, May 29, 1620.]

Law LVII

We order that our royal Audiencia of Manila rate the amount of what the mates on the ships shall exact in the port of Acapulco for the guard of boxes, barrels, and other articles of merchandise. If this be exceeded, claims may be made against them in their residencias at the end of their voyages. [Felipe III—Madrid, May 29, 1620.]

Law LXXVII

Some ships sail from the ports of Callao and Guayaquil to Nicaragua and Guatemala, under pretext of going for pitch and other things, and then often go from there to the port of Acapulco to lade Chinese cloth, in return for a great sum of silver which they carry, practicing many efforts and frauds. We order that under no consideration may any ships or other vessels from the said ports or provinces of Perú go to that of Acapulco; and that the viceroys shall order and take what measures may be necessary so that this be obeyed and observed. They shall impose what penalties they choose; and they shall execute those penalties on the transgressors in a severe and exemplary manner. [Felipe IV—San Lorenzo, October 20, 1621.]

Law XXXVIII

We order and command the governors of Filipinas not to permit private persons of those islands to despatch ships to Macan, Malaca, Siam, Camboja, and other parts of that archipelago, or to take seamen or soldiers in them; for it is advisable to have ships and a fleet ready for the defense of Manila, which can be defended or garrisoned in no other way; and they shall attend to the correction of this as a thing so important, and shall give such orders as are most expedient. [Felipe IV—Madrid, December 31, 1622.]

Law LXIII

By reason of haste in the despatch [of the ships], the clerks of the register are usually left, through forgetfulness, with some registers which have been made of the merchandise; and, as the registers do not appear, the judges condemn the goods as confiscated. We order the viceroy and auditors of our royal Audiencia of Méjico that, when this happens, they shall enact justice[1] so that the parties’ right to collect it shall remain free. [Felipe IV—Madrid, October 9, 1623.]

Law XXII

The governors and captains-general of the Filipinas Islands and Maluco, and our other judges and justices, shall observe and shall cause to be observed all the privileges, immunities, and exemptions of the artillerymen on that route and commerce, and of those who live at the ports, forts, and fortifications, which for that reason belong to them, in respect to the trade of the Indias from these kingdoms to those islands, in accordance with título 22 of this book.[2] [Felipe IV—Madrid, December 6, 1624.]

Law LXXIX

We permit the viceroys, auditors, governors, royal officials, and government agents who shall have been appointed, and who have to go by way of the South Sea from Nueva España to Petú, and from there to Nueva España, to take their property registered, if they swear that it is their own and not another’s under penalty of incurring confiscation [of the same]. [Felipe IV—Madrid (?), October 5, 1626.]

Law LXII

We declare and order that the valuation of merchandise taken to Nueva España from Filipinas shall be made in Méjico by an accountant of the bureau of accounts, an officer of our royal treasury of the said city, and one of the members of the consulate of the said city. The viceroy shall appoint them every year, one fortnight before the said valuations are to be made, and he shall have special care in the making such appointment. In case that there shall be any discord between the three said persons, the viceroy shall appoint another accountant and royal official other than the first, so that these may meet with them. That measure which has two votes shall be adopted, even though they be but two who are in complete harmony. And if they should not be in harmony, and should be two to two of different opinions, they shall have recourse to the viceroy; and the decision of that side with which he shall agree shall be put into execution, without reply or contradiction.[3] [Felipe IV—Madrid, June 4, 1627.]

Law LXVII

We order all the judges and justices before whom Chinese cloth shall be denounced as being contraband, not to condemn it as confiscated; but to send it to these kingdoms in a separate account directed to the president and official judges of the House of Trade of Sevilla, so that it may be sent from there to the treasurer of our Council of the Indias. Thus shall it be done on all the occasions that arise.[4] [Felipe III—Madrid, April 18, 1617; Felipe IV—Madrid, March 3, 1629.]

Law L

The commander and officers whom the governor of Filipinas appoints for the ships sailing to Nueva España, shall not be aided with pay for more than four months, both in Méjico and Filipinas. At the termination of the trip, their accounts shall be balanced, and the remainder for the time while they shall have served, and no more, shall be paid them. [Felipe IV—Madrid, December 14, 1630.]

Law XIII

Our fiscal of the Audiencia of Filipinas shall, according to the settled custom, be present at the inspection of ships which is made in the port of Manila, on those ships which come from Nueva España and other parts; and he shall denounce those which carry more than what is permitted. The judges who shall try the cause shall apply the merchandise denounced to our royal exchequer, and shall punish the guilty rigorously. [Felipe III—Madrid, May 4, 1619; Felipe IV—Madrid, March 25, 1633.]

Law LXXIII

In the court trials regarding the seizures of smuggled goods from China which shall be seized in Perú, what shall pertain to the denouncers—namely, their third part—shall be paid to them immediately in money, provided it does not pass or exceed that ordered by laws of título 17, libro 8, which treat of seizures of smuggled goods, irregularities, and confiscations; and provided that the money be not taken from our royal treasury under any consideration, but from expenses of justice or fines forfeited to the treasury, or from the proceeds from merchandise or other articles which generally come with those that are contraband and outside the register, which are not from China, or of those prohibited to be sold or traded in Perú. We charge the viceroys to advise us on all occasions, with specification, of these denunciations, and of the part given to the denouncer, and in what quantity and kind, making us a clear and distinct relation. [Felipe IV—Madrid, March 31, 1633.]

Law XXXI

It was ordered that the ships that go from Nueva España to Filipinas must sail from the port of Acapulco by the end of March, without extending even a day into April. And inasmuch as we are informed that that is inconvenient, we order that the ships be prepared with all that is necessary by December, so that at the end of that month, they may leave the said port of Acapulco, so that they may be able to arrive at the said islands, at the latest, some time in March. It is our will that this be executed inviolably, and it will be made a charge of omission in the residencia of the viceroys of Nueva España; and, if they do not so do, we shall consider ourselves disserved. [Felipe IV—Madrid, August 26, 1633.]

Law XXV

We order the viceroys of Nueva España to give the necessary orders, and to take suitable precautions, that the provision which is made annually for the departure of the ships which sail from the port of Acapulco to Filipinas be made there very seasonably, so that the ships may not be detained, or those who are to embark suffer because of the short time allowed for departure or the inadequate provision of food. [Felipe IV—Madrid, September 30, 1633.]

Law LXI

Inasmuch as it has come to our notice that the agents and officials of our royal treasury at the port of Acapulco maltreat the sailors and others who come from the Filipinas Islands, and cause them much trouble and vexation, by obliging them to give up what they carry, obtained through so long and arduous a voyage: we order the viceroys of Nueva España to have the matter examined, and the guilty punished. They shall establish what remedy seems to them most effective, so that like offenses may be avoided. [Felipe IV—Madrid, September 30, 1633.]

Law III

It is usual for the governor and captain-general of Filipinas to appoint a person for the inspection of the Chinese ships when they come with their merchandise to the city of Manila. That person is usually one of his household, and from it follow certain injuries, and no one dares to demand satisfaction. We order the said governor and the royal Audiencia of Manila to meet to discuss this matter, and to choose a suitable person for this office. They shall endeavor to select one fitted for this task, and acceptable to the natives and foreigners. They shall take in this regard the measures which are expedient, and shall always advise us through our Council of the Indias of the person whom they shall elect, and of all else necessary for the good of that community. [Felipe III—San Lorenzo, August 25, 1620; Felipe IV—Madrid, November 10, 1634.]

Law XIV

We order that money from Nueva España shall not be sent to Filipinas in excess of what is permitted; and all that is found en route from Acapulco without a written permit, beyond the apportionment made of the five hundred thousand pesos permitted, shall be confiscated and applied to our treasury and exchequer. The driver who shall carry such money shall incur the confiscation of his beasts of burden and slaves, and a fine of two thousand Castilian ducados, applied in the same way [as the above], and the stewards in charge of the illegal funds shall be punished with ten years’ service in Terrenate. [Felipe IV—Madrid, January 30, 1635.]

Law XLIII

The governors of Filipinas appoint commander, admiral, and officers for the ships which sail to Nueva España; and in case of the death or absence of these, they make appointments of other persons, in accordance with the usual procedure. And inasmuch as it is advisable to do this, we order our viceroys of Nueva España to observe and cause to be observed what is ordained in this regard, and the custom which has always been observed, without making any innovation. [Felipe IV—Madrid, February 5, 1635.]

Law XXXVI

We charge and order the governors of Filipinas to be very careful to see that the shipyards do not lack lumber for the repair of ships, rigging, war-stores, and food; and that they provide throughout a sufficient supply of these articles and of all else necessary, with careful precaution. [Felipe IV—Madrid, February 21, 1635.]

[Although the final dates of the two following laws are later than 1635, they are here included in order to keep the laws of this título together.]

Law XXXII

The ships which are to be despatched and to sail from the Filipinas Islands for Nueva España shall depart in the month of June; for there is great danger of their having to put back or of being wrecked if they sail later. We order the governor and captain-general of those islands to have it observed and executed accordingly. But this must be after holding a council of persons experienced in that navigation—so that, having heard and weighed their opinions, the most advisable measures may be enacted. [Felipe IV—Madrid, December 31, 1622; January 27, 1631; February 14, 1660.]

Law XLI

The overseer and accountant of these voyages shall have everything in charge, and they shall set down and keep in their books an account of what is laden in merchandise, and what is carried on the return trip of the ships. They shall be chosen from persons who are well approved, who have given satisfaction, and are trustworthy, and they shall be given the proper and sufficient salary, which shall not exceed two thousand ducados apiece for the voyage; for they shall not lade any quantity of merchandise, under penalty of the fines imposed by law 48 of this título.[5] We order that they sail going and coming, one in the flagship and the other in the almiranta, alternating in all the voyages. The governor shall give them the instructions which they are to observe during the voyage. Their residencia must be taken as soon as the voyage is finished, as is done with the other officers of that fleet, before they can sail on another voyage. [Felipe III—Madrid, May 23, 1620; Cárlos II (in this Recopilación).]

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[1] A note to this law in the Recopilación says that the prohibition of reciprocal commerce between Perú and Nueva España for natural products, and with various limitations, was raised by a decree of January 20, 1774.

[2] Título xxii is entitled: “Of the captain-general of artillery, the artillerymen-in-chief, and others of the war and trading fleets; the artillery, arms, and ammunition.” It consists of forty-eight laws.

[3] The above law refers to lib. viii, tit. xvi, ley xvii, which reads as follows: “We order that the valuation of Chinese merchandise be made in Nueva España, in the same way as the merchandise which is sent from these kingdoms, observing in it the ordinances that have been established. After it has been made, it shall be remitted to the bureau of accounts of Méjico, so that it may make the account, and give certifications of what must be collected, and from what persons.” The law is dated Madrid, December 6, 1624.

[4] See VOL. xvii. p. 34, law lxxi.

[5] See VOL. XVII, pp. 39, 40.