The Philippine Islands, 1493-1898, Volume 29 of 55, 1638–40 / 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

Jurisdiction over seamen

The King. To Don Sebastian Hurtado de Corcuera, knight of the Order of Alcantara, my governor and captain-general of the Philipinas Islands, or to the person or persons in whose charge that government shall be: in a letter which I wrote to you on the second of last September, on various matters, there is a section of the following tenor: “I have considered the arguments that you bring forward for its being so expedient that the commander and the admiral of the ships shall have authority and jurisdiction in the port of Acapulco, when he is not on shore, to punish his sailors and soldiers; and that the warder of the fort there shall not interfere with them by undertaking to punish them on shore (regarding them as his subordinates, as hitherto they have been) as they are persons of ability and good qualifications—since from the time when the ships cast anchor, during all the time while they remain in port, the men do not respect or obey, as it is right they should, the said commander or admiral. Desiring to avoid this difficulty, so that those officers may punish the culprits in such cases, I have decided that what you propose may be done, with the conditions that you mention; and, by a decree of the same date as this letter, I am sending to the viceroy of Nueva España advices to that effect. [I have told him] that as this seems to be a general complaint, to judge from the instances [reported] here, he must give the necessary orders for the execution of this decree, unless some difficulty shall arise that may oblige him to defer it; for when those men commit any disorderly acts on shore complaint can be made against them, and the matter referred to the said commander and admiral.” And now a report has been made to me, on the part of Don Juan Grao Monfalcon, procurator-general of that city of Manila, that it is very advisable that the said commander and admiral of the ships possess all necessary jurisdiction for punishing the men aboard them—as is done at Cartagena, Portovelo, and other places; and he entreats that I be pleased to command that this be accordingly done. The matter having been considered in my royal Council of the Indias, I have thought it best to issue the present, for such is my will, that the usage which I have mentioned be put in practice in the islands, as well as in Nueva España, since that is advisable for my service. [Madrid, December 8, 1638.]

I the King

By command of the king our sovereign:

Don Gabriel de Ocaña y Alarcon