The Philippine Islands, 1493-1898; Volume 50 / 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

43. [Similar to ordinance 14 of the old ordinances (q.v., ante, p. 199).]

44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of the Recopilación.]

45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]

46. [This ordinance cites ordinance 41 of the old ordinances (q.v., ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought—as, under the system of collection by the priests, confession is often denied until payment is made—it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]

47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v., ante, pp. 210, 211).]

48. [Inquiry shall be made as to whether any Bilitaos and Casonos are exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry, maganitos [i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]

49. [Ordinance 43 of the old ordinances (q.v., ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses for gambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month’s imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]

50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]

51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, another ten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated.[14]]

52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga,[15] under penalty of paying a fine four times as large.]