That the royal decrees prohibiting trade with the Filipinas are not observed, chiefly on account of the opinion of Doctor Sacedo, a citizen of Mexico, that the violation of royal decrees involves the penalty thereof, but is not a mortal sin. Thus the citizens of Mexico may carry on commerce in the Filipinas, and those of the Filipinas may invest money which is sent to them, without burdening their consciences, or being obliged to make restitution.
The opinion of Doctor Juan de Sacedo, a citizen of Mexico, replying to the decree of January 11, 93, states that this decree does not show clearly, and with the explicit statement necessary, that it was his Majesty's intention to bind strictly to an eternal punishment those on whom he imposes a pecuniary penalty; or that by its transgression are obligations to make restitution laid, in conscience, ipso jure non expectata judicis sententia, upon the people of Mexico who trade with the islands, or consign their property to citizens of Manila—either goods sent in exchange for the merchandise of the latter, or money which they remit to these—although both of these are prohibited. If these things are conceded, they make a profit and have the means of support. The reply thereto is incumbent upon his Majesty, from whom the decree emanated. Until his Majesty shall make further declaration, the decree is purely a penal ordinance, and nothing more. It involves only the penalty and condemnation to which the transgressor is exposed, and does not burden the conscience with mortal sin or restitution. For that, it is necessary that there be an explicit declaration—one conforming to the most lenient interpretation, which avoids fetters on men's consciences, and constraining transgressors by only a temporary penalty, and not by restitution or eternal punishment.
The religious Orders of St. Dominic and St. Francis at Manila, and the cabildo of the metropolitan church of that city, ask that this matter be adjusted. The religious assert an opinion contrary to the above, saying that a mortal sin is involved. They beg that his Majesty declare his royal will, and provide a person who shall enforce obedience to the royal decrees and punish the transgressors.
The cabildo of the church declares that no one in the islands will be sufficiently powerful to enforce the decrees, unless his Holiness would undertake to decide what the faith teaches, regarding the authority which the mandatory as well as the penal laws possess in this matter. They request, therefore, that effective measures be taken by his Holiness in declaring and deciding the Catholic truth in this particular; and whether it will be a mortal sin to transgress the laws of the kingdom when that which is decreed is something very useful to the commonwealth. [7]
Tenth Point
His Majesty has granted favor to the citizens of the islands, by permitting two ships, each of three hundred toneladas, to sail annually from Nueva España to the Filipinas; and they may carry therein from the Filipinas such property as is to be transported. There shall be three ships, in order that one may remain in dry dock at the port of Acapulco. They shall sail on his Majesty's account, paying the expenses thus incurred from their own earnings.
The viceroy and Don Pedro de Acuña, governor of the Filipinas, are of the opinion that this tonnage should all be utilized, so that each ship may carry three hundred toneladas of lading, six hundred toneladas between the two ships; and these should be the toneladas of the Southern Sea, which are larger than those of the Northern Sea. There should be three ships, all alike and of the same model, each containing four hundred short toneladas of the Northern Sea, which amount to three hundred. The citizens of Manila shall lade on each ship two hundred toneladas and no more, which consequently will amount to six hundred toneladas in all the ships, in order that the goods may be distributed to better advantage, and the ships may carry more mariners.
Under this arrangement the expenses are greater, as there is one ship more, as well as the increased cost of the escorts of soldiers, and the artillery for the protection of the ships. Therefore the viceroy orders that henceforth in the Southern Sea, instead of paying thirty-two pesos on every tonelada, there shall be paid thirty-two ducados on every tonelada of stuffs coming from the Filipinas. This increase will amount to 12,000 pesos, more or less, with which may be defrayed the expenses of the infantry who return as guard of the ships and property which come from the Filipinas Islands, thereby assuring greater safety.
Eleventh Point
That ships be bought on his Majesty's account; and those which have already been bought.