[206] A later law in Recopilación de leyes (lib. vi, tit. viii, ley xi) regulates the encomienda—giving power as follows: "The governor and captain-general of Filipinas shall apportion the encomiendas, in accordance with the regulations to worthy persons, without having other respect than to the service of God our Lord, and our service, the welfare of the public cause, and the remuneration of the most deserving. Within sixty days, reckoned from the time that he shall have heard of the vacancy, he shall be obliged to apportion them. If he does not do so, the right to apportion them shall devolve upon and pertain to our royal Audiencia of those islands, and we order the Audiencia to apportion them, paying heed to the laws, within six days, and to avail itself of the edicts and diligences issued by the governor without other new ones. In case the governor shall not have issued edicts and diligences, the Audiencia shall issue them and make the provision within twenty days." Felipe III, Madrid, June 4, 1620.
[207] The rapidity with which many of these encomenderos amassed great wealth in a few years is known, and that they left colossal fortunes at their death. Some were not satisfied with the tributes and with what they demanded, but made false measures, and balances that weighed twice as much as was indicated. They often exacted the tributes in certain products only, and appraised the same at what value they wished.—Rizal.
[208] A law in Recopilación de leyes (lib. vi, tit. v, ley lxv) cites the above provision and confirms it anew: "In order to provide instruction for certain villages of the Filipinas Islands, which did not enjoy it, or if they had it, it was not sufficient, it was resolved to increase the tribute, which was formerly eight reals, or its value, per peso, to the proportion of ten Castilian reals apiece. It was ordered that the increased amount be placed in our royal treasury, and one-half real of it be applied to paying the obligations which had to be met in regard to the tithes, while the one and one-half reals would remain to pay those soldiers there and for other purposes; in consideration of the fact that the funds necessary to send out religious, who are employed in the preaching of the holy gospel, are supplied from our royal treasury, and that the encomenderos were obliged to pay for the ordinary instruction from the eight reals, and the part of the building of churches that fell to their share, while the Indians had the choice of paying all the tribute in money or in products, or in both. Thus was it enacted and voted. We order no innovation to be made in this regard, in consideration of the welfare and conservation of those provinces and their natives, and so that the choice of paying in money shall not occasion any lack of products and cause sterility." Felipe II, San Lorenzo, August 1589; Felipe III, Zamora, February 16, 1602.
[209] The following law regulates supervision of the accounts of this fund: "Inasmuch as, when any encomienda of the Filipinas Islands happens to be without instruction, the fourth part of the tribute collected by the encomendero is deposited in a box with three keys, in order that it may be converted into benefices for the Indians; and as it is advisable that that ordinance be executed sensibly and properly, and that we should know the amount of it and how it is apportioned: therefore, we order our presidents, the governors of the Filipinas Islands, that whenever they deem it advisable to examine the account, they shall appoint for that purpose one of the officials of our royal treasury of those islands—the one most suitable for it—who shall examine them. The fiscal of our royal Audiencia shall investigate them before they are finished; and shall ask and see that they are executed with the care that the matter requires in regard to their items, charges, articles, and balances, and whatever else is advisable. He shall advise our president and governor of it all, so that he may assist him in what may be necessary, and advise us of the result." Felipe III, Madrid, June 4, 1620, in Recopilación de leyes, lib. i, tit. xiii, ley xiv.
[210] The bull here referred to was issued by Gregory XIV, and dated April 18, 1591. The seventh section reads as follows: "Finally, since, as we have learned, our very dear son in Christ, Philip, Catholic King of the Spains, on account of the many deceits wont to be practised therein, has forbidden any Spaniard in the aforesaid Philippine Islands to dare to take, or have, or hold any slaves, or servants, even by right of just and unjust war, or of purchase, or by whatsoever other title, or pretext; although some, despite the edict, or mandate, of King Philip himself, still keep the same slaves in their power: therefore in order that, as is befitting to reason and equity, the Indians themselves may freely and safely without any fear of bondage come and go to their Christian doctrinas, and to their own homes and possessions, we order and command all and singular the persons living in the same islands, of whatsoever state, degree, condition, order, and rank they may be, in virtue of holy obedience and under pain of excommunication, on the publication of these presents, in accordance with the edict, or mandate of the said King Philip, to release wholly free, without deceit and guile, whatsoever Indian slaves and servants they may have, or hold; nor ever for the future in any manner to take or keep captives, or servants."—[Translated from the original by Rev. T. C. Middleton, O.S.A.]
[211] This [1890] has disappeared from legislation, although the personal services for España are still continued, and are fifteen days.—Rizal.
[212] Recopilación de leyes, lib. vi, tit. xii, ley xii, treating of personal services, reads as follows: "The religious and the ministers of the instruction, and the alcaldes-mayor of the Filipinas Islands have a weekly repartimiento of Indians which they call tanores, so that the Indians may serve them without pay; and besides the villages contribute to them the fish necessary to them on Fridays, which is against reason and justice. We order the governor and captain-general, the Audiencia, and any other of our justices, to stop and not allow this personal service and contribution, so that the villages shall in no manner perform it, and we declare the villages free from any obligation that they have or may have." This law is dated Madrid, March 17, 1608.
[213] Taal was one of the villages where the most rigging was made for the royal ships.—Rizal.
[214] This word reales is omitted in the Rizal edition.
[215] A comparatively early law (Recopilación de leyes, lib. vi, tit. i, ley xv), prohibits the forcible removal of the natives for expeditions of conquest from one island to another. It is as follows: "We order that the Indians in the Filipinas Islands be not taken from one island to another forcibly in order to make incursions, and against their will, unless it be under very necessary circumstances, and paying them for their work and trouble. They shall be well treated and receive no injury." Felipe II, Madrid, November 7, 1574.