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