Ordinances of good government (the original ones) by Governor-general Don Sebastian Hurtado de Corcuera in 1642. Revised by Governor-general Don Fausto Cruzat y Góngora in 1696. Enlarged later.1Don Fausto Cruzat y Góngora, knight of the Order of Santiago, member of his Majesty’s Council, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia and Chancillería resident therein, etc.:Inasmuch as I have recognized that there has been considerable change in regard to the ordinances made by Don Sebastian Hurtado y Corcuera when he was governing these islands in the former year 1642, for the direction and good government of the alcaldes-mayor and corregidors of the provinces of the islands, both in those occasioned by time and becauseof some2… having been seen in the observance of … sections which then … in harmony with reason … some have been abolished and others added at different times; and since on account of the many numbers that are found to have been revised at present, confusion might be caused to the ministers who are to observe them, as has been experienced on some occasions; and desiring to avoid these inconveniences, and that everything may be clearer; and since I believe that it will be greatly to the pleasure of God our Lord, and the service of his Majesty (whom may God preserve), to reduce them to a less number, which the times render necessary, for their good direction according to the present condition of affairs: I order and command you, the said alcaldes-mayor and corregidors who are at present and shall be in the future in the provinces of the district of this government, that during the term of your offices, each one of you in your jurisdiction and district, shall observe the following order, sections, and instruction.1. [On taking office, they must swear before the chief notary of the government to execute the laws according to justice; not to take bribes and excessive fees; and to abide by the laws of the kingdom, and any ordinances, and the present instructions.]2. [Since the officials will serve as an example to the natives under them, they must see that their behavior morally and religiously is above reproach. They are also to watch carefully over the morals of those under them, and especially to see to it that blasphemy is punished.]3. [The Indians must be well treated, and mustbe molested by no person, whatever his rank. The rich must not oppress the poor in any way, “and if anything should arise in this that you cannot remedy in person, you shall advise me very minutely of it so that I may correct it and have it remedied in the most advisable manner. You shall not permit any encomendero or his collectors, or any other person, to borrow or get credit from the Indians in gold, reals, or any other …; nor that the tribute be collected from them before it is … the year when they are to pay it; and the collection, … according to the last appraisal at the ages ordered; nor that, as a ransom or as a recompense for anything, or under cover of anything else, more be collected from the Indians than is due according to the said appraisal, namely, one toston in kind, and the hen at the price declared in the appraisal, and the rest in reals; nor that any collection be made from him who sowed and did not harvest; nor from anyone who was sick or occupied in the service of his Majesty, and was unable to sow, nor from old men of sixty years, who are by reason of that age reserved by this government [from the tribute]. You shall not consent under any consideration to the contrary of all the above; nor that the said encomenderos or their collectors live among the Indians of their encomiendas longer than the duration of the time of the collection, which at the longest must not be more than three months.” Likewise the encomenderos and their collectors are to promptly pay what they owe to the Indians, both for personal services and for provisions and other supplies furnished at thetime of the collection of the tribute, and these shall be paid at the current rates. Great care is to be exercised in the election of newcabezas de barangay, who are to be in the line of succession, and have the necessary qualifications therefor, and are to pay the media-anata before a legal title can be issued to them by the governor. When at death or for any other just reason it becomes necessary to elect other cabezas, “you shall send me the nomination of three chief persons suitable and capable for each barangay, and shall inform me of the reasons and causes for the removal, so that after I have examined them I may choose whom I please.” The non-observance of this method of election will bring its punishment. Each barangay must consist of forty-five to fifty tributes, and no more.3Barangays with less shall be united.]4. [The Indians must not be harassed with injurious taxes and assessments (as is so often the case). If such become necessary, the governor is to be informed thereof, the necessity therefor, and the sum to be assessed. A list of the citizens is also to be sent, “with mention of those who possess property, so that allowance may be given by this government to make the assessment, so that an equal charge may not rest upon those who have money and those who are destitute of it, but that each one contribute according to his several ability.” The imposition of a tax or assessment without the permission of the governor carries with it deprivation of office and satisfaction from the property of the one dismissed of theentire sum contributed, to those assessed, and a fine of 500 pesos for the treasury and fortification expenses.]5. [In the management and disbursements of funds from the communal treasuries, there is much graft among the officials. An order sent to all the provinces the preceding year at the request of the fiscal ordering the alcaldes-mayor and corregidors to oversee and manage the communal treasuries is to be strictly obeyed. All disbursements are to be by express order of the superior government. Disbursements made without such order shall be made good from the property of the one allowing them, or their bondsmen.]6. [Alcaldes-mayor and corregidors are not to accept any presents, even of food, during the term of their office, as their hands will be bound thereby. They must pay a just price for what they purchase. During the term of their office they are not to purchase a ranch or any lands in the territory of their jurisdiction; neither are their secretaries or alguacils-mayor to buy them: for many evils follow therefrom. They are to build no sailing craft under any consideration, “under penalty of loss thereof and two hundred pesos, applied half to fines for the treasury and fortifications, because of the great harm caused to the natives by such constructions. For when you need any vessel, you can charter one.” Likewise they are forbidden to engage in any trade with the natives and citizens of their jurisdiction, either directly or through agents. They are not to take a portion of the fees and salaries of their notaries, interpreters, and other persons, “because of the harm resulting from the judges having such shares. Nor shall youallow your officials to take them; nor shall you make an agreement with anyone in regard to the abovesaid.”]7. You shall visit your jurisdiction once each year, remaining twelve days in each large village of the chiefs, and six days in the small villages, visiting them and trying with justice the natives in whatever they plead, remedying all that you may find necessary and clearing away whatever injuries or injustices may have been committed. [During the visit or rather, during all their term, they are not to hale anyone into court to justify any slavery, but justice is to be meted to those who appear to plead of their own accord. They, their clerks, or other officials, shall not take fees from any fifths of gold paid them in their jurisdictions; neither shall fees be exacted for the visit. They must pay their own expenses during that period and not exact them from the Indians. Contravention of this last means restoration of the amount exacted to the Indians, and four times as much as a fine.]8. [This regulates the manner of trials and the fees for the same. No process is to be made in cases involving sums up to twenty pesos, but such cases are to be briefly despatched, and the notary cannot receive a fee in excess of four reals from each party to the suit, under penalty of returning it, and a sum four times as large as a fine to the Manila court. If one Indian causes the arrest of another Indian, and the one arrested confesses his guilt, sentence is to be passed by virtue of the confession. Otherwise witnesses shall be called, and after their depositions are taken, the case shall be judged. If there is any appeal, the case is to be tried in second instance, andafter examining the witnesses the records are to be sent to the Manila Audiencia. Criminal cases must be tried as soon as possible. Those involving sums not in excess of five pesos shall be tried summarily, and nothing more than a mere record of them shall be made for the archives of the notary. No fees are to be received for depositions of witnesses, and only the fee adjudged by the tariff can be accepted for giving written records of the case to the parties involved. The tariff of fees is to be posted in a public place in the court, both in the Spanish and native language, in order that all may know the amount to be paid. Notaries are to record the amounts accepted as fees, which must not exceed the tariff. This method of trial was ordered for the purpose of saving time, expense, and trouble to the Indians.]9. [Tariffs according to which food can be supplied to travelers are to be posted in all the villages along the line of travel; as well as of all aid furnished in sailing craft, men, and horses. “For which you shall unite with the father minister of the doctrina, and between you two, you shall make said tariff. In it you shall write that in Tondo and all along the coast of Manila, two reals must be paid for one hen, one real for adumalaga,4and one-half real for a chick; in Pangasinan, Ilocos, and Cagayan, one real shall be paid for a hen, one-half real for a dumalaga, and one cuartillo (four to the real) for a chick; in Tayabas, the tariff made and confirmed by this superior governor shall be kept, until otherwise commanded by it; in Pintados, Leyte, Cebú, Camarines, Catanduanes, Calamianes, and the other jurisdictions and provinces, each hen at one-halfreal, and in proportion each dumalaga and chick. The other food and other things necessary for travel, on the basis of such tariff shall conform to the usage of the country.” The fees to be collected by them and their notaries for making the tariff shall not exceed one real, and a copy of the same is to be sent to the governor for his examination and confirmation. Contravention of this order carries a fine of fifty pesos, to be applied in halves to the treasury and the fortifications.]10. [Bridges are to be built and repaired, and rivers kept clean, especially those flowing from Laguna to Manila through Pasig and Taguig. All undergrowth, enclosures, and obstacles to the natural current are to be removed, in order that the waters may be confined to their beds, thus avoiding overflows and damage to crops. This must be done with the least possible trouble to the Indians, and all must share alike in the work.]11. [In villages along the line of travel, the natives must not be made to act as porters (a prolific source of evil), even with light burdens. Each village must purchase immediately horses and cows, so that they may be available for travelers.]12. [Natives must not become vagabonds, but must cultivate their land, both for their own good and that of the community. In some provinces, underbrush has sprung up and food is scarce because of the nomadic habits of the Indians, and their laziness. An edict is to be published to the effect that if all those who own lands do not cultivate and sow them within two years, such lands will be sold to the highest bidder. The official not obeying this law shall be fined fifty pesos, to be applied in halves to the treasury and the fortifications.]13. [The rearing of fowls and swine is obligatory on the inhabitants. Each Indian is to have at least six hens and one cock, and one sow. Each Sangley is to have a dozen hens, one cock, and two sows. This will avoid scarcity and dearness in price. Close inspection is to be made by the alcaldes-mayor and corregidors, under penalty of suspension from their office. For such inspection, no fees are to be charged by any person connected therewith, under penalty of returning said fee, and a sum four times as great for the treasury.]14. [Great harm results from Spaniards, Sangleys, and Indians giving money to other Indians for their trading. No sum must be so given in excess of five pesos, not even under pretext that it is advance pay for rice or other products. If more is given, it shall be lost, and the Indian receiving it cannot be made to pay it. The prices current at the time of the harvest shall be paid to the Indians by all purchasers other than the king, who has a special rate. No purchases can be made by individual persons until those for the royal warehouses have been made, and the tributes paid. Notaries and Indian governors are forbidden to draw up any contract at the fixed rate or at the price paid by the king.]15. [Inasmuch as Indian slavery is forbidden; and since the transfer of those called slaves by custom is also forbidden; as is also that their descendants born after August 18, 1692 (the date of the publication in Manila of the act of the royal Audiencia of Mexico, in accordance with the royal decree of Buen Retiro, May 1, 1686), should be slaves: the officials are to carefully carry this law into effect, and prevent such slavery.]16. [Careful regulations are made concerningthe Chinese. Because of the spiritually demoralizing effect of the Sangleys on the Indians, and the harm resulting from the wasting of the substance of the latter which is given in exchange for things of little value offered them by the wily celestials, great care is to be exercised in regard to both Christian and heathen Sangleys. None of the latter are to have residence among the Indians, and if any such are found in any village, they are to be immediately sent to the Parian in Manila, the penalty in case of non-compliance with this order being two hundred lashes and four years’ service in the Cavite harbor. The married Christian Sangleys who prove detrimental to the Indians are to be sent to the villages of Santa Cruz and Binondo, and the single men to the Parian (these facts to be ascertained from the priests in charge of the various villages), in accordance with the laws of December 12, 1695, and January 16, 1696. Sangley traders may go to their trade in the jurisdictions of Tondo, Bulacan, Pampanga, Laguna de Bay, and the port of Cavite, provided they have the government license therefor, not being allowed to sleep in any village or house of the Indians, but in their own boats. Trade in any village is limited to twelve days. Any Sangley who shall be found sleeping in any village shall be sent to the governor, who may impose at will upon him the penalty of two years’ service in the harbor of Cavite. Christian Sangleys shall not be allowed to reside in any village in excess of the number required for the service of the convents and the village, and unless married to Indian women. Close lists of all such, with the necessary statistics, must be kept, and they must have the government license to remain in such villages. Anyalcalde-mayor or corregidor allowing any Sangley to live in any village or to trade without the government license shall pay a fine of 200 pesos, and must pay besides the amount of the license for the period during which the Sangley has been without it.]Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767[From original MS. map (in colors) inArchivo general de Indias, Sevilla]17. [Commerce is to be free to all Indians of whatever jurisdiction they be, throughout the Philippines; and no license is required, nor can any fee be charged them. This will ensure a good supply of provisions and other necessities, and promote the cultivation of the land. Good treatment must be shown to them, and their passage from one place to another facilitated, under penalty of a fine of 100 pesos, and a charge in the residencia of the one who transcends this order.]18. [Large and small weights and measures are to be uniform in all the islands with those used in Manila, and shall have been sealed and marked in that city. All others shall be collected, and used under no consideration. Those using others shall restore all things sold with them, and a sum four times as great as a fine to the treasury.]19. [This law lessens and defines those exempt from tribute, polos, and personal services. On account of so many reservations from these, the burden has fallen on the weakest of all the natives, namely, the timauas [i.e., freedmen]. Those exempt shall include all sixty years old and above; the cabezas de barangay, and their eldest sons and successors; cantors, sacristans, porters, and cooks [of the church and convents], who have been exempted in accordance with the act of Governor Santiago de Vera; all officers of justice for the time they serve only; the Pampangos who serve as soldiers and in other capacitiesfor the royal pay in Manila, Cavite, and other presidios, for the time they serve, and their wives in case that they are married. The due honors are to be reserved always for all ex-officials of justice, and they shall be given a special bench in the Audiencia, so that they need not stand, but exemption from all dues shall be only for the length of their actual service. All other reservations than those named above are null and void, among them those of men having more than six children, a practice that has been introduced in some parts, and which was ordered suspended, by request of the fiscal, by an order of December 24, 1695. Alcaldes-mayor and corregidors violating this law shall pay the amount of all injuries resulting therefrom, and a sum four times as great, as a fine.]20. [This law concerns the matter of repartimientos among the natives for supplies for the royal magazines, and for the galleons and vessels despatched annually to Nueva España and the Marianas. Many injuries result because the repartimiento is divided among the Indians, and the Spanish and Chinese mestizos without regard to their material conditions, which gives rise to much suffering. Often “those who have nothing to give, are compelled to get the products elsewhere, and at times to buy them at a higher price than that paid them on his Majesty’s account.” The repartimiento is to be made among all who have had a harvest, according to their several ability, and after sufficient has been reserved for the support of their families, the next year’s sowing, and for the tribute. Those who have not been able to harvest, either through the inclemency of the weather, or because they have been unableto sow because of being absent or busied in the royal service, and the poor, shall be exempt from furnishing supplies. A sworn statement given before the priest of the village shall be necessary to secure exemption. Those furnishing supplies shall be paid immediately, the money being given to each seller in person, and not to the cabezas de barangay or the notables. If the royal funds of any district are insufficient to pay for the supplies furnished, the surplus will be sent on from Manila. Under no consideration shall any debt be left standing. The alcalde-mayor who shall violate this shall be deprived of any political office forever, and shall be compelled to pay all such debt from his own property and a sum three times as great, as a fine, and he may become exempt from this penalty under no consideration. No repartimiento shall be made except at express order of the superior government, under penalty of a fine of 1,000 Castilian ducados.]21. [A law of the kingdom prohibits repartimientos of Indiantanores5for the service of the alcaldes-mayor, priests, or any other persons; or that contributions of fish be asked for the support of anyone, for vigils, or for Fridays and Saturdays. This law must be strictly enforced, and must be proclaimed in all the villages so that the Indians may be fully aware of it. If the alcalde-mayor is unable to prevent any person from violating this law, the governor shall be informed and he will take the proper measures. Any neglect in this shall be made a charge in the residencia. The alcalde-mayor who violates the law shall pay the just value of such services or fish, and a fine three times as great, and bedeprived of all political office perpetually. Indians used as rowers by the alcaldes-mayor or priests in their official capacity shall not be paid, but at all other times they shall be paid as follows: between Mariveles and Manila, at the rate of one-half real per day and food; from Mariveles and beyond, at the current rate of the various districts.]22. [Alcaldes-mayor, corregidors, priests, and other officials shall not be supported at any other than their own expense. Provisions shall be purchased at the prices current, and cash must be paid for them. The natives, however, are compelled to sell provisions to such persons for their support, but such purchases are not to exceed the amount needed. Violation of this law means loss of office.]23. [Alcaldes-mayor and corregidors on assuming office shall receive from their predecessors an inventory of all papers in the archives (if there are no notaries in charge of them), and shall pass on the same with all that have accumulated during their term of office to their successors. This shall be a charge in their residencias, and they must present testimony that they have so done. No person is to be condemned to the galleys or to undergo any bodily mutilation, except with the advice of an assessor enrolled in the royal Audiencia. In case there is no assessor in any district, all cases involving such condemnation must be concluded, all except the sentence, and then prisoner and records sent to Manila for sentence in the royal Audiencia.]24. [In prisons, women and men must be kept separate. If the complaint against women is slight, they shall not be confined in prison, but kept in the house of some relative. No prison fees shall be acceptedby any official from the Indians imprisoned, under penalty of repaying them, and a fine four times as large.]25. [No office can be resigned without governmental permission, under penalty of a fine of 100 pesos. Record books shall be delivered to the alcaldes-mayor and corregidors by the government secretary, in which shall be kept an account of the fines, expenses of justice, and fifths of gold. At the conclusion of anyone’s term, this book shall be delivered to the royal accountancy, and the amount of the fines and fifths to the royal treasury.]26. [This law concerns the appointment of inferior officials by alcaldes-mayor and corregidors. No Spanish alguacil is to be appointed without government title. If any serious case demands such an officer, he shall be appointed only for the time necessary and when the immediate duty is concluded he shall be dismissed. Appointments as lieutenants, masters-of-camp, sargentos-mayor, captains, alferezes, sergeants and adjutants of native military companies, governors for the Sangleys and natives, and all other appointments to military and political posts (whether paid or not), shall not be made without government title. Appointments shall be made only when vacancies occur, and when necessary, three names shall be sent to the governor at Manila, who shall make the appointment therefrom. Without the government title, no one shall exercise any official duty, under penalty to that alcalde-mayor or corregidor who shall violate this law, of a fine of 500 pesos, the payment of the fees of media-anata and such title, while the violation shall become a charge in his residencia, and he shall be subject to all other penaltiesimposed for such violation. Notaries are prohibited under like penalties from drawing up such titles or countersigning the same, and shall not allow possession of any post to be taken without government title. All notaries shall be required to make full testimony of the observance of this law, and in districts having no notary, a certification must be made by the priest.]27. [Methods of election for various jurisdictions are prescribed by this law. In the four jurisdictions of Tondo, Laguna de Bay, Bulacan, and Pampanga, considerable trouble has been experienced at the annual election of the district governor, which has resulted in much ill-feeling among the Indians, and lawsuits because of factions among them, as the elections have been participated in by all in common. Henceforth, the elections are to be held on the day assigned, by all the cabezas de barangay of each village (if there are twelve of them; if less than that number, notables of the village are to be appointed to that number), who with the retiring governor and with the intervention of the alcalde-mayor and priest of the village, shall proceed to the election. Having chosen three persons, their names shall be forwarded to the governor at Manila, in a sealed paper bearing the following title: “Election of such and such a village, which is sent to the governor and captain-general of these islands, through his government secretary.” In accordance with the governor’s choice from these three names the title of the new village governor will be expedited. In the jurisdictions of Calilaya, Balayan, Mariveles, and Cavite, elections shall be held as heretofore, and those elected shall go to, or send to,the governor in Manila for confirmation of their office. Elections shall occur between January 1 and February 28, and for each one the alcalde-mayor and the notary shall receive only three pesos. In all other jurisdictions, elections shall be held in the usual manner, and the appointment made by the alcalde-mayor, but no office shall be enjoyed without the government title. These titles shall be sent to each district, in accordance with the order of September 23, 1693, made out by the government secretary, and signed by the governor and countersigned by the secretary; and on them shall be entered the names of the successful candidates. The names of those elected shall be sent for entry in the government books, and all media-anatas shall be paid, as well as title fees and cost of sealed paper. No newly-elected official shall hold office until he has received the government title, and the old official shall hold over until such time. Violation of this law shall incur the penalties of the preceding law, and it shall be made a matter of residencia.]28. [No encomienda shall be granted nor any acts made in regard to them without the express command of the superior government. Any claims to encomiendas must be satisfied through the proper channels. Claims to any encomiendas obtained otherwise are null and void.]29. [No Spaniards may live in any Indian village, except by permission of the governor at Manila, and where such permission is given, they must live decently and quietly. This includes both married and single men, and is to be enforced especially in the province of Pampanga, although all Spaniards married at present to Pampangas may remain.All other men married to Spanish women or to Indian women of Pampanga [in the future], and all single men must leave the province immediately, and may not return without permission. If Spaniards wish in the future to marry Pampangas, they cannot live among the natives, under penalty of a fine of fifty pesos.]30. [A general treasury council held in April, 1696, rules that the Indians shall not be compelled to take the tribute to the capital cities at their own expense. In case they are ordered to take it to any place, they must be paid the proper prices for transportation. If after the stipends of the priests of the villages are met, any residue of the tribute remains from the encomiendas belonging to the royal crown, the alcaldes-mayor shall notify the superior government and the royal officials of the amount in each village, so that it may be ordered taken to the place deemed most advisable. Nothing spent for transportation shall be admitted unless an order has been given for such transportation. Encomenderos and collectors shall observe the same method in order to avoid the injuries suffered by the natives. Violation of this law shall be a matter of residencia, and those violating it shall be condemned to make good all the losses to the Indians in consequence thereof, and four times that amount as a fine.]31. [A government act of March 22, 1657, ordered all the polo funds created in each village to be suppressed, as well as the need of each chief contributing annually one peso and each timaua one toston to them, for the expenses of his Majesty’s service. Alcaldes-mayor and corregidors are ordered not to allow such funds to exist, or any contributions to be made for them, under penalty of suspensionfrom political and military office for four years, service as a soldier, and a fine of 100 pesos.]32. [Great care is to be taken to have the Indians plant cocoanut palms and set out abacá plants: the chiefs, trees to the number of two hundred and plants to the same number; and timauas, each to the number of one hundred. Those dying out are to be renewed, so that the number may always be kept up. This is to be a matter of personal care on the part of the alcaldes-mayor, who are to appoint a representative in each village to register the trees and plants and render account of neglect to observe this law. The palms are useful for the support of the Indians, while from its fruit are obtained oil, wine, and bonote for the furnishing of the galleons and other vessels, and the material for making rigging. For failure to prepare these supplies for the ships, a fine of 1,000 pesos shall be imposed for the purchase of oil and abacá, and the omission shall be made a charge in the residencia. Loss of office shall also be incurred, and for the inferior officials a penalty of two years in the galley without pay.]33. [The Indians, both men and women, and the married Christian Sangleys must be made to destroy the locusts that do so great harm to the crops throughout the islands, especially the young, calledlocton, which are so destructive, and can be killed easily as they have no wings. Each person shall be charged during certain days or weeks to kill so many gantas of this destructive pest, under penalties that shall be imposed for neglect. Neglect by the alcaldes-mayor and corregidors in this law shall mean deposition from office, and a charge in their residencia.]34. [No obstacle shall be placed to the Sangleycraft that have government permission to trade in any province, during the time of said permission. But at the end of the term of their license, they must return to Manila, and the alcaldes-mayor and corregidors may not continue that period. Sangleys found without the government license, or with it, if outside the provinces of Tondo, Bulacan, Pampanga, Laguna de Bay, and the jurisdiction of the port of Cavite, to which the government license extends, shall be arrested and sent with their crafts to Manila, with testimony to that effect, so that they may be punished fittingly. If any license is given or continued unlawfully, a fine of 1,000 Castilian ducados shall be imposed, and perpetual deprivation of office.]35. [A government order of September 13, 1688, in pursuance of a royal order of the ninth of the same month, arranged for “raids into the mountains of the provinces of these islands, for the reduction of the Indians in insurrection and the mountain-dwellers in the provinces of Cagayan, Caraga, Calamianes, the island of Negros, Oton, Camarines, and Leyte; and that in the said provinces of Cagayan, Caraga, Calamianes, and Oton, where Spanish and Pampanga infantry is garrisoned, whenever aid of money and rice is given on the account of his Majesty, the said raids shall be made with that part of the infantry that is deemed advisable, while the remainder shall be left for the usual matters for which it was intended. The alcaldes-mayor of Camarines and Leyte shall give aid from the royal property in their charge, in rice to the amount of one ganta of palay per day for every person taking part in the said raids, for the time of their duration, but he must not forget to send a previous report to this superiorgovernment, with the testimony of the notary of each province and the certification of the father minister of the doctrina of the number of persons to be occupied in said raids, and at the end of said raids he shall send a report of them, and the time they lasted.” Otherwise the alcaldes-mayor will not be credited with the amount of rations they have supplied for such raids. In regard to the island of Negros, the corregidor of that island shall requisition the necessary troops from the alcalde-mayor of Cebú. This order shall be sent to all the provinces and shall be kept in the archives of the courts thereof, so that it may be exactly observed.]36. [Lists of the persons sailing in any royal vessel to points in the islands shall be furnished by the pilot or master; as well as the time for which they are supplied with food. A month’s rations are to be allowed to such persons after supplies are exhausted. If they cannot return to Manila in that time because of some unforeseen event, another month’s ration shall be given them by the alcalde-mayor in whose jurisdiction they may happen to be, and the amount entered in their accounts, so that it may be made good. All repairs to such vessels as have to be made in the provinces, and the cost of the same shall be estimated by experts in the presence of the proper officials and the priest of the village. The alcalde-mayor shall pay the same from the royal funds, and, on the statement of the priest, the expense shall be admitted.]37. Having been informed that the native vassals of his Majesty living in the villages of the provinces of these islands had intercourse and communication with the heathen, apostate, and fugitive Indians who dwell in the mountains and hills, by going to tradewith them and selling them iron for their weapons, wearing apparel, and the other things lacking in said mountains, and necessary to them for the conservation of human life, on account of which their pacification and reduction to our holy Catholic faith and to the obedience of his Majesty is impossible, frustrating, because of the interest of said Christian natives in the gold and wax which they get through said heathens and apostates, the Catholic zeal of his Majesty, who is maintaining these islands at so vast expense to his patrimony, for the sole purpose of the extension of the holy gospel and the conversion of their natives thereto; and considering the only remedy to be the avoidance of such inconvenience: on the seventh of January last of this year, I sent orders generally to all the alcaldes-mayor and corregidors, commanding them to publish an edict in every village of their jurisdiction, forbidding all the natives thereof who are subject and recognize vassalage to his Majesty, to have intercourse, communication, or trade with the heathen, apostate, and fugitive Indians, negroes, and Zambals, who inhabit the mountains and hills, and are not reduced to the royal obedience, under penalty of one hundred lashes and two years’ service in the harbor of Cavite, with only their food. Said alcaldes-mayor and corregidors shall watch, and use great care in avoiding such intercourse, communication, and trade, and shall take all the measures that appear necessary therein. They shall report to this government the results and all that arises therein, in order to see whether it is necessary to enact any other measure. They shall do this inviolably, without any pretense or tolerance, for it is not practicable that said heathens and apostates having been compelled by necessity, will becomereduced to obedience to his Majesty and embrace our holy faith by means of the preaching of the father ministers of instruction. The latter shall for their part aid in a matter so to the service of both Majesties, as I have asked and requested of the reverend fathers provincial of the orders. Said alcaldes-mayor are advised that this prohibition is not to be understood in regard to the heathen Indians who live in the villages and obey and pay tribute to his Majesty; and that those of this kind shall not be prohibited from trading with the Christians, because they are subject to the obedience of the king, our sovereign, and pay him a recognition of vassalage, in the tribute which they give.38. [An order given by Cruzat y Góngora, December 24, 1695, to alcaldes-mayor and corregidors, arranges for the appointment in each village of several notables, whose business it shall be “to seek out Indians who commit offenses against God, our Lord, in order to correct and punish them, and report thereof to the father ministers, so that they may be dissuaded from their errors, and directed along the path of salvation.” Great care is to be exercised in this, and those Indians calledvilitaosandcasonos6are to pay tribute and render personal services. Report must be made as to whether the above classes still exist, and whether they pay anything to any person for exemption from tribute, polos, and personal services, and they shall be punished if of the secular court.7]39. [This law, which was enacted by Cruzat y Góngora, May 14, 1697, and ordered to be included among the government ordinances, commands that the two cooks allowed to priests established in a district having five hundred whole tributes be no longer exempted from tribute, polos, and personal services. The ordinance enacted by Santiago de Vera, by which cantors, sacristans, porters, and cooks, are exempt from the above, shall be revised to read only the first three. This ordinance is made in pursuance with the decision of the royal Audiencia of February 22, 1697, that laws xli, and xlii, título xii, book vi of theRecopilaciónbe obeyed. It was consequently ordered by Cruzat y Góngora’s decree of February 22, 1697, that no village shall against its will furnish any Indiantanoresto the seculars, regulars, or other ecclesiastical persons, or to the alcaldes-mayor. (Seeante, pp. 203, 204, ordinance 19.) Hence, that this order may be executed, the present ordinance follows.]40. [An ordinance enacted by Governor Zabalburu, April 8, 1704, is given because of a communication received by him from Archbishop Camacho, under date of January 26, 1702. The letter asks that law vi, título i, book vi, of theRecopilaciónbe enforced, because of the sins, both against chastity andjustice, arising from natives serving in the houses of their prospective parents-in-law. It happens often, in addition to the sin against chastity that the marriage is not consummated, and the man loses his wages for the service he has rendered. The archbishop has published an edict ordering this practice to cease, but it is wise for both the civil and ecclesiastical power to act in concert in this matter, “for it often happens, on not few occasions, that fear of the royal power is stronger than veneration for the holy laws of the Church.” The governor is asked to add to the penalties of the law, those penalties which he judges advisable. Consequently, he orders that in each native village, no Indian shall receive into his house or service any man who is about to contract marriage with his daughter, during the three festival days of the village, and that he shall not receive any money or products from him because of such matrimonial contract. Timauas violating this ordinance shall receive fifty lashes, be incapacitated from holding any office, and be compelled to restore to the treasury what may have been thus paid. Notables shall lose their rank and become timauas. The due performance of this ordinance shall be a charge in the residencia of alcaldes-mayor and corregidors.]41. [An ordinance enacted by the same governor, April 28, 1704, cites an act of his predecessor, Cruzat y Góngora, April 30, 1697, ordering that when the priests of the villages need Indians for the necessary things of the divine service, the gobernadorcillos are compelled to furnish them, the priests paying such Indians at the rate of one real per week apiece and their food. According to the order of Governor Niño de Tabora, no priest was to have more thanfour Indians, in addition to the cantors, sacristans, and porters. In villages so small that the stipends received by the priests are insufficient to pay for the services of the four Indians, they are not under the necessity of paying them, if their residence there is a necessity, and they reside there at the petition of the Indians, in which case the latter shall pay for the services of the four Indians. Another act of Cruzat y Góngora, of August 31, 1697, rules that the offering to be contributed by the Indians for each of the three religious festivities of the patron of each village, Corpus Christi, and Holy Thursday, be one real for each whole tribute, and one-half real for each single man or woman, this alms being fixed at the request of the procurators-general of the four friar orders and the Society of Jesus. This offering is to be collected in a humane manner, and the gobernadorcillos and cabezas de barangay are not to exact a greater sum under pretense that it is for the church. These two acts Zabalburu orders to be included in the ordinances given to each alcalde-mayor on the assumption of his office. He also orders the observance of an act enacted by himself March 13, 1704, ordering that eightbagontaosbe assigned in each village weekly for the service of divine worship, the church, and the ministry of the sacramental mass; and for the service of the priests when it becomes necessary to leave the village to administer the sacraments. In villages of less than three hundred tributes, there shall be only the eight bagontaos, under penalty of punishment to the gobernadorcillos who shall allow more. This ordinance is to be proclaimed in all the villages by the alcaldes-mayor on the festival days.]42. [In accordance with the request of Archbishop Camacho that curas and missionaries be ordered not to exact larger fees than those allowed by the royal tariffs, and that the alcaldes-mayor enforce this, an order to that effect is issued to the latter. Violations by curas and missionaries are to be reported to the superior government, and alcaldes-mayor are to get careful reports on this head from the native gobernadorcillos and their officials. Any omission in this shall become a charge in the residencia, and the alcalde-mayor shall be obliged to make good the excess fees from his own property, and pay a fine four times as large as the excess. This was ordered to be included in the ordinances, March 8, 1708.]43. [This ordinance has to do with the government monopoly on playing-cards. On December 2, 1707, the governor orders that the department of that monopoly be taken from the control of the royal officials of the treasury and given into the charge of a special judge. Various ordinances enacted by Doctor Don Juan de Gárate y Francia are to be carefully observed. Alcaldes-mayor shall have the direction of this department in their respective jurisdictions, and in accordance therewith this ordinance is to be included among those given to them on assuming office. The special judge may appoint whom he pleases in the department, at salaries approved by the fiscal. Lastly all the packs of cards in the island are to be collected, and those bringing them are to be paid the price for which they are to be bought; and this as well as all other matters shall be done as the special judge deems best.]44. [In consequence of two royal decrees (bothof which are inserted), one dated September 30, 1714, and the other June 15, 1720, which forbid under severe penalties the manufacture and sale of brandy (made from sugarcane) in Perú and Nueva España, because of the many evils arising therefrom, Governor Toribio Joseph Miguel de Cosio y Campo orders the said decrees to be translated into the native languages of the Philippines, and proclaimed by order of the alcaldes-mayor and corregidors in their respective jurisdictions, and the strict enforcement of the same. If an Indian manufacture and sell brandy, for the first offense he shall be arrested, given two hundred lashes, and thrown into the galleys for six years; for the second offense, this shall be doubled; and for the third, tripled, besides exile from the province. The same punishment shall be meted out to the makers of instruments for the manufacture of brandy, if they are Indians. This law is made a part of the ordinances which are to be given to alcaldes-mayor, who are enjoined under severe penalties to break up this nefarious traffic.]45. [The same governor, on May 16, 1724, in view of a report of the alcalde-mayor of Bulacan, of January 5, 1724, the writ of the fiscal, of January 20, and the vote of the royal Audiencia, forbids the alcaldes-mayor and others to exact fees from the natives for appointments, under penalty of a fine of 500 pesos and a sum four times as great as the fee exacted. All other fees are to be regulated according to law xxv, título viii, book v, of theRecopilación, and the government secretary is ordered to send a list of all fees that can be taken to all the provinces, which is to be strictly observed. All exaction of unjust fees by the royal accountancy is to cease. Copiesof this ordinance are to be sent to all the alcaldes-mayor, in order that they may be affixed in the public place so that all may know of it.]46. [On December 10, 1725, the same governor, in view of the report of the Recollect provincial, of September 20, 1723, and the deductions of the fiscal, October 7 and November 6, 1723, and January 14 and November 23, 1724, orders that all bandalas or purchases8of wax, rice, and other products, be distributed among the natives according to the several ability of each one, and with regard to the fact of whether they have been able to reap a harvest, or to care for their crops after planting them (see ordinance 20, which is expressed in almost the same terms). The injuries done to the natives by the bandalas and purchases must cease. Copies of this ordinance are to be sent to all the villages and proclaimed in the native languages, in order that all the natives may be informed of it. It is also to be noted in the books of the royal accountancy, so that all purchases may be made according to the terms expressed therein, and that all exactions may cease.]47. [The governor, after examining the report of Fray Benito de San Pablo, Recollect, formerly of the district of Romblon in the province of Panay, in regard to the exactions of the alcaldes-mayor from the natives, and the remarks of the fiscal, orders the alcaldes-mayor to collect from the Indians tribute only in the products which they possess; and but two gantas of rice, in place of the three which theyhave usually and unlawfully collected. This shall be made a matter in the residencia, and violations will be punished with fines and penalties.]48. [Governor Valdés Tamon under date of July 28, 1730, orders instructions sent to the alcalde-mayor of Laguna de Bay and to all other alcaldes-mayor, commanding them to pay for the services of the natives according to the tariff (see ordinance 21), except in cases of the administration of justice and matters of the common welfare.]49. [An ordinance of the same governor, August 9, 1730, orders the late alcalde-mayor of Ilocos to present himself in Manila within a month after being notified thereof, in order that he may hand in his accounts. He is to do this under penalty of a fine of 1,000 pesos. This ordinance arises from the report of the judge of the residencia that said alcalde-mayor, Captain Bernaldo Roldan, is building a large dwelling house in the capital city of the province, whence will ensue injury to the royal treasury from the detention of his accounts.]50. [In order to remedy the neglect, inexperience, and laziness of alcaldes-mayor, castellans, and other officials of villages, forts, and presidios throughout the Philippines, the governor, Francisco José de Obando y Solis, on August 13, 1751, enacts that all such officials must perform their full duty promptly. Annual reports must be sent to Manila regarding the condition of villages, forts, and presidios, discipline, etc. The original reviews, which are to be made monthly, are also to be sent. All priests are urged to send separate reports concerning the same matters. Thus will the demoralized condition of the Spanish forts and presidios—where thesoldiers are totally undisciplined, and hence unprepared for any sudden call—and the injuries to the royal treasury, be remedied.]51. [The same governor, on October 25, 1751, orders that cabezas de barangay cannot, while serving in that capacity, be proposed or nominated as gobernadorcillos or other officials of justice, for from this practice has arisen considerable harm to the royal treasury, because the collection of the tribute is in charge of the gobernadorcillos and officers of justice, and one man cannot well perform two distinct duties. Ordinance 27, governing the election of gobernadorcillos and officers of justice, must be understood with these limitations and restrictions. Alcaldes-mayor and priests are ordered and urged to watch carefully over this matter in order that all frauds against the royal treasury may cease.]52. [The same governor, in view of the many things that demand immediate remedy, notwithstanding the many government ordinances that have been enacted by his predecessors (because new laws always give rise to new conditions and other abuses), orders governors, corregidors, alcaldes-mayor, and other officers of justice immediately to “issue, and cause to be issued, the most suitable measures, so that in the villages of their districts schools be erected, established, and founded, now and henceforth, where the sons of the natives and other inhabitants of their districts may be educated and taught (in primary letters, in the Castilian or Spanish language). They shall see to it and watch so that the people study, learn, and are taught in this language, and not in that of the country or any other. They shall procure its greatest increase, extension, and knowledge, withoutconsenting to, or permitting any person, of any rank or quality, to violate or disobey this resolution, or schools of any other language to be erected or established, under penalty of five hundred pesos, applied at the discretion of this superior government. But as soon as it is ascertained or learned that any ecclesiastical or secular person is attempting or trying to violate this resolution, his purpose shall be prevented, hindered, and disturbed; and a report of the one disquieting and disturbing, if an ecclesiastic, shall be made, in order that he may be ordered to conclude and not continue [his purpose]; and if a layman, he shall be arrested, and a cause shall be formulated briefly and summarily, his property confiscated, and he shall be sent a prisoner, together with his property, so that the most severe and commensurate penalties may be applied.” Ordinance 29, forbidding Spaniards to live in the villages of the natives, is annulled, in order that this may have better effect; but the alcaldes-mayor and other officials must look after and correct their behavior. Such schools are to be established at the cost of the various villages, being paid out of the communal funds established for schools taught in the native language. These latter shall cease in proportion as Spanish schools are established. Future offices conferred on the natives shall be given to those with the best knowledge of Spanish. This ordinance was issued October 19, 1752, as were also ordinances 53–60, which detail the report to be made to the superior government.]53. [This ordinance commands governors, corregidors, and alcaldes-mayor, now and henceforth, to report to the superior government within a year aftertaking office, concerning the products and manufactures of their provinces.]54. [Also the report shall include “the condition of the province; its fortresses, weapons, and defenses; the number of troops in garrison, and their condition; the amount of artillery mounted; the amounts of war supplies, arms, ammunition, and other utensils;” in whose charge they are, and how they are looked after. Separate reports shall be sent from those in charge of the above. Also the best methods for correcting abuses shall be discussed.]55. [The report shall also give details regarding pay and aid of officers and soldiers, the manner of paying them, their behavior in reviews, how often the latter are held, and by whom.]56. What bodies of militia exist in the villages and hostile frontiers, and whether they are kept in readiness; with what powers and under what rules they have been created; and whether they must be maintained permanently or only on occasion.57. [Whether pay is determined on the total number that ought to be enrolled, or whether the proper discounts are made for death and desertion.]58. [The annual report shall include the census of each village, visita, or mission, the data for which can he secured from the parish priests and missionaries. Also a note must be made of all innovations that occur, and that are worthy of superior notice.]59. What convents, colleges, and houses of shelter, for education and teaching, exist in each village; their size, construction, and building fund; with the number of religious, and those educated or being educated therein, and in the doctrinas and missions which they own.60. [The report shall also contain the location of villages and their accommodations, the inclinations of their inhabitants, and whether any intelligent persons are found in them. A map of the province shall accompany the report for the greater intelligence of the superior government, and its use in dictating laws. This resolution (ordinances 53–60) carries with it a penalty of 500 pesos in case of violation, and others at the governor’s discretion. In the future, officials shall not leave their residences until they have received the approval of the government for the strict fulfilment of their duties.]61. [A royal decree, dated Madrid, April 5, 1765, in view of the controversy that arose [in 1764] between Governor Alfonso Hernandez de Heredia and the Audiencia in regard to the opening of the despatches, orders, and instructions belonging to Joaquin de Aguirre, who died in America before he could take his post as governor of Guatemala, to which he had been appointed; and in order that a fixed rule might be laid down: orders that whenever any appointee dies in any American village before he can assume a post to which he has been appointed, the corregidor, alcalde-mayor, or other justices, collect his papers, despatches, orders, etc., and with the notary make an inventory of them, but without examining them, and send the same sealed to the Audiencia of the district (or the governor of the district, if there is no Audiencia), with the first word of each document, its date, and signature, so that the proper measures may be taken, and the judges of the property of deceased persons shall have no authority to meddle in this. This decree is to be communicated to all the justices of the royal provinces, in orderthat they may so act. Account is taken of this decree in the Manila Audiencia, June 22, 1766. The fiscal, after examining the decree, June 28, 1766, advises that it be observed, and instructions be sent to the judges of the property of deceased persons and to alcaldes-mayor. At a meeting of the Audiencia, July 3, 1766, the advice of the fiscal is acted on fully.]THE SO-CALLED ORDINANCES OF RAONRoyal ordinances formulated by the superior government and royal assembly of these islands, February 26, 1768, for the proper direction of the governors, corregidors, and alcaldes-mayor of their provinces, relief of the natives, and observance of the laws; ordered to be observed and complied with, by royal act of the same date. Ordered to be printed and distributed by his Excellency Don Rafael María de Aguilar, governor-president and captain-general of the islands by the authoritative decree with which they begin.9[Under date of Manila, September 11, 1801, Governor Aguilar orders the printing of one hundred copies of the ordinances formulated February 26, 1768, and the distribution thereof to the alcaldes-mayor, corregidors, and governors of the provinces.10By royal decree of January 17, 1797, anorder was given for the revision, correction, and modification of those ordinances; but it has not been done, and only one copy of them is known to exist, and that is not attested. The ordinances are to be registered in the proper places. Copies are to be sent to the bishops and provincials of the orders, so that they may urge the obedience of the ordinances. Each alcalde-mayor is to pay the cost of the printing of the copy sent him. This decree is to precede the printed ordinances.11][Raón revises the ordinances of Governor Pedro Manuel de Arandía,12in consequence of royal decrees of December 4 and 23, 1760, ordering ordinances for the direction of the alcaldes-mayor. The ordinances follow, mainly in synopsis.]1. [Alcaldes-mayor and other justices are to receive their titles in the usual form, after giving bonds and taking the necessary oath to perform their duties lawfully, to administer justice without self-interest, and impartially, not to take excessive fees or accept bribes, to observe these ordinances and those of theRecopilación, and to promote the welfare of the provinces.]2. [Since the conduct of the superiors furnishes an example to inferiors, alcaldes-mayor and other judicial officers must furnish a good example to the natives, by carefully observing the laws and rites of religion, and by showing the due respect and veneration to all ecclesiastics. Those of evil disposition shall be rigorously punished in accordance with their offenses.]3. [Under no consideration shall the Indians be ill-treated by the judicial officials or anyone else, and the laws of título x, book vi, of theRecopilaciónshall be strictly observed. If the alcaldes-mayor are unable to prevent ill-treatment of the Indians, they shall report the same to the superior government, according to law lxxxiii, título xv, book ii, and law iii, título x, book vi; or to the fiscal of the Audiencia, according to law vi, título xviii, book ii.]4. [The alcaldes, encomenderos, or any other person, shall not collect gold or money, or accept a loan, or present, from the Indians, or collect more than the just amount from them (law xiv, título xxix, book ii, and laws xlviii, xlix, título v, book vi). Personal services must be paid, as well as the food purchased from them, at the prices of the tariff. If the Indians are forced to buy the products that they sell, they shall buy them at suitable prices.]5. [The tribute shall be collected only when due, and to the proper amount, both in kind and in money, according to the instructions given out by the royal accountancy. Especial care shall be taken in the examination of the lists and ages of the Indians (law xxiii, título v, book vi), in order that unlawfulexemptions from the tribute may not occur, thus wronging the royal treasury. Offenses either against Indians or the royal treasury shall incur a fine of four times the amount, besides a special fine of 200 pesos.]6. [Exemptions from polos are more common than from tribute. With good reason some have been conceded to villages which have churches to build or to some private persons for distinguished services especially in times of war.13All such concessions must be examined by the alcaldes-mayor, in order to ascertain whether they are to the prejudice of the rest of the people, and to inform the superior government thereof. No further exemptions must be granted under penalty of a fine four times the amount of the exemption—except to cantors, sacristans, and porters; to governors, lieutenants, and officers of justice, during their term of office; and to cabezas de barangay, their wives, and eldest sons, and all others exempted by the superior government since 1764. All others conceded before that date shall be revoked until confirmed by the government. Exemptions in the provinces of Cavite, Tondo, Laguna, Bulacan, Pampanga, and Bataan, shall be conceded directly by the superior government; in all other provinces through the alcalde-mayor. The Indian claiming exemption from any payment mustpresent himself with his proofs before the alcalde-mayor.]7. [Collection of tribute in kind is often severe upon the Indians, because of epidemics (law xiv, título v, book vi), locusts, failure of crops, and other misfortunes. At such times it is quite proper that the Indians be not molested for what they do not possess (law xxii, título v, book vi). However, since the Indians often sham, when it is to their advantage to sell their crops, the alcalde-mayor shall see to it that neither the Indians nor the royal treasure suffer unjustly. If it is necessary to collect in money what ought to be collected in kind, an additional charge of five per cent must be made, in order to cover the increased cost to the government of the products elsewhere for the storehouses, and in order that the Indians may not avail themselves unjustly of excuses from paying in kind when that is to their advantage (law lxv, título v, book vi; law xvi, título ix, book viii).]8. [This is similar to old ordinance 20 (q.v.,ante, pp. 204, 205). To it is added that the alcaldes shall send to each village an account, authorized by the provincial notary, of the distribution of the purchase or bandala so that this may be presented at the residencia, and compared by the judges with the orders given for that purpose, in order to ascertain whether the two tally, and whether there is any excess.]9. [Whenever it becomes necessary to purchase more productsthanthe amounts regularly fixed, orders to that effect must be issued by the superior government. Extraordinary purchases thus made shall be paid for at the prices current in that particularprovince where they are bought, and not at the regular price established for royal purchases.]10. [By law xliv, título v, book vi of theRecopilación, and by ordinance 30 (q.v.,ante, p. 210) of the old ordinances, it was ordered that the Indians were to pay the tribute in their own villages, while the cost of transportation to the chief cities of the provinces was to be met by the royal treasury. But the above law treats of tributes in general, and hence includes those of private encomiendas, and is contrary to the laws regarding the royal tributes, namely, law x, título ix, book viii, and law lxiii, título v, book vi. These laws declare that tributes shall be paid in the chief cities of the provinces, or if paid elsewhere, cost of transportation shall he paid by the Indians, and not by the royal treasury. This ordinance therefore amends old ordinance 30, which will prevent the frauds committed by the alcaldes under the name of transportation expenses. Besides, this expense, being so moderate, will not be hard on the Indians.]11. [This ordinance was intended for the simplification of the accounts of the alcaldes-mayor, and for the prevention of frauds to the royal treasury. By entering in the accounts the amount of the tribute in both money and kind (it being paid in both), there was a confusion of accounts, many back accounts, and frauds through the loss of vessels or pretended fires, etc. The alcaldes-mayor are ordered to compute all the accounts in money, although the tribute shall be collected as heretofore. No certification that the collections have not been made will be received, as such documents are very suspicious. When alcaldes-mayor take office, they shall sign a contract to send in their accounts, and to store in themagazines the amount of the products necessary for the royal service, the value of which shall be reported in money. The rations that are given to the troops or crews of vessels in the various provinces shall be computed also in money, at the price established in each province. This regulation, in accord with the tenor of ordinances 4 and 5 formulated by Arandia, shall be enforced on the appointment of the new alcaldes-mayor to the various provinces.]12. [The factor of the royal treasury shall make a chart of the products of each province which are needed for the annual provision of the royal magazines, and of the prices in each province, according to the appraisals of the tribute and of the freight that must be paid for transportation, in order to avoid confusion and doubt regarding the same. The freight is charged according to the distances and the risk in transportation. The chart shall also give the amount of the stipend for each province that is paid in kind, computed in money, as well as the prices for the food furnished to the royal vessels, and the rations for the troops. The alcaldes are to take receipts for all that they shall deliver, and place the same in their accounts in money value according to the chart.]13. [Since the products of the royal bandala or purchase are to be brought to the royal magazines, another chart, expressing the prices paid in such purchases, transportation charges between villages, and sea freights to the royal magazines, shall be made for each province, in order to avoid fraud and confusion.]14. The pay of their stipends to the curas and ministers of the missions, as well as the [paymentfor the] other ordinary expenses of each province, shall be made by the alcaldes-mayor, according to the instructions of the royal officials, and the orders of the superior government, and they shall be bound literally by those orders.15. [The payment of the stipends of the curas and missionaries in money and not in kind is advised, in order to avoid all contentions such as are wont to occur between them and the alcaldes-mayor. The former always collect in the method most convenient to themselves, which is often to the prejudice of the royal treasury. Since there is no longer a reason, as at the beginning, for paying the stipends in both money and kind, law xxvi, título xiii, book i, of theRecopilaciónought to be observed, according to which the stipend should be paid in money. The practice of paying the stipends in the villages hitherto practiced, and not compelling the curas and missionaries to have recourse to the royal treasury (according to law xix, of the above título and book), should be continued.]
Ordinances of good government (the original ones) by Governor-general Don Sebastian Hurtado de Corcuera in 1642. Revised by Governor-general Don Fausto Cruzat y Góngora in 1696. Enlarged later.1Don Fausto Cruzat y Góngora, knight of the Order of Santiago, member of his Majesty’s Council, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia and Chancillería resident therein, etc.:Inasmuch as I have recognized that there has been considerable change in regard to the ordinances made by Don Sebastian Hurtado y Corcuera when he was governing these islands in the former year 1642, for the direction and good government of the alcaldes-mayor and corregidors of the provinces of the islands, both in those occasioned by time and becauseof some2… having been seen in the observance of … sections which then … in harmony with reason … some have been abolished and others added at different times; and since on account of the many numbers that are found to have been revised at present, confusion might be caused to the ministers who are to observe them, as has been experienced on some occasions; and desiring to avoid these inconveniences, and that everything may be clearer; and since I believe that it will be greatly to the pleasure of God our Lord, and the service of his Majesty (whom may God preserve), to reduce them to a less number, which the times render necessary, for their good direction according to the present condition of affairs: I order and command you, the said alcaldes-mayor and corregidors who are at present and shall be in the future in the provinces of the district of this government, that during the term of your offices, each one of you in your jurisdiction and district, shall observe the following order, sections, and instruction.1. [On taking office, they must swear before the chief notary of the government to execute the laws according to justice; not to take bribes and excessive fees; and to abide by the laws of the kingdom, and any ordinances, and the present instructions.]2. [Since the officials will serve as an example to the natives under them, they must see that their behavior morally and religiously is above reproach. They are also to watch carefully over the morals of those under them, and especially to see to it that blasphemy is punished.]3. [The Indians must be well treated, and mustbe molested by no person, whatever his rank. The rich must not oppress the poor in any way, “and if anything should arise in this that you cannot remedy in person, you shall advise me very minutely of it so that I may correct it and have it remedied in the most advisable manner. You shall not permit any encomendero or his collectors, or any other person, to borrow or get credit from the Indians in gold, reals, or any other …; nor that the tribute be collected from them before it is … the year when they are to pay it; and the collection, … according to the last appraisal at the ages ordered; nor that, as a ransom or as a recompense for anything, or under cover of anything else, more be collected from the Indians than is due according to the said appraisal, namely, one toston in kind, and the hen at the price declared in the appraisal, and the rest in reals; nor that any collection be made from him who sowed and did not harvest; nor from anyone who was sick or occupied in the service of his Majesty, and was unable to sow, nor from old men of sixty years, who are by reason of that age reserved by this government [from the tribute]. You shall not consent under any consideration to the contrary of all the above; nor that the said encomenderos or their collectors live among the Indians of their encomiendas longer than the duration of the time of the collection, which at the longest must not be more than three months.” Likewise the encomenderos and their collectors are to promptly pay what they owe to the Indians, both for personal services and for provisions and other supplies furnished at thetime of the collection of the tribute, and these shall be paid at the current rates. Great care is to be exercised in the election of newcabezas de barangay, who are to be in the line of succession, and have the necessary qualifications therefor, and are to pay the media-anata before a legal title can be issued to them by the governor. When at death or for any other just reason it becomes necessary to elect other cabezas, “you shall send me the nomination of three chief persons suitable and capable for each barangay, and shall inform me of the reasons and causes for the removal, so that after I have examined them I may choose whom I please.” The non-observance of this method of election will bring its punishment. Each barangay must consist of forty-five to fifty tributes, and no more.3Barangays with less shall be united.]4. [The Indians must not be harassed with injurious taxes and assessments (as is so often the case). If such become necessary, the governor is to be informed thereof, the necessity therefor, and the sum to be assessed. A list of the citizens is also to be sent, “with mention of those who possess property, so that allowance may be given by this government to make the assessment, so that an equal charge may not rest upon those who have money and those who are destitute of it, but that each one contribute according to his several ability.” The imposition of a tax or assessment without the permission of the governor carries with it deprivation of office and satisfaction from the property of the one dismissed of theentire sum contributed, to those assessed, and a fine of 500 pesos for the treasury and fortification expenses.]5. [In the management and disbursements of funds from the communal treasuries, there is much graft among the officials. An order sent to all the provinces the preceding year at the request of the fiscal ordering the alcaldes-mayor and corregidors to oversee and manage the communal treasuries is to be strictly obeyed. All disbursements are to be by express order of the superior government. Disbursements made without such order shall be made good from the property of the one allowing them, or their bondsmen.]6. [Alcaldes-mayor and corregidors are not to accept any presents, even of food, during the term of their office, as their hands will be bound thereby. They must pay a just price for what they purchase. During the term of their office they are not to purchase a ranch or any lands in the territory of their jurisdiction; neither are their secretaries or alguacils-mayor to buy them: for many evils follow therefrom. They are to build no sailing craft under any consideration, “under penalty of loss thereof and two hundred pesos, applied half to fines for the treasury and fortifications, because of the great harm caused to the natives by such constructions. For when you need any vessel, you can charter one.” Likewise they are forbidden to engage in any trade with the natives and citizens of their jurisdiction, either directly or through agents. They are not to take a portion of the fees and salaries of their notaries, interpreters, and other persons, “because of the harm resulting from the judges having such shares. Nor shall youallow your officials to take them; nor shall you make an agreement with anyone in regard to the abovesaid.”]7. You shall visit your jurisdiction once each year, remaining twelve days in each large village of the chiefs, and six days in the small villages, visiting them and trying with justice the natives in whatever they plead, remedying all that you may find necessary and clearing away whatever injuries or injustices may have been committed. [During the visit or rather, during all their term, they are not to hale anyone into court to justify any slavery, but justice is to be meted to those who appear to plead of their own accord. They, their clerks, or other officials, shall not take fees from any fifths of gold paid them in their jurisdictions; neither shall fees be exacted for the visit. They must pay their own expenses during that period and not exact them from the Indians. Contravention of this last means restoration of the amount exacted to the Indians, and four times as much as a fine.]8. [This regulates the manner of trials and the fees for the same. No process is to be made in cases involving sums up to twenty pesos, but such cases are to be briefly despatched, and the notary cannot receive a fee in excess of four reals from each party to the suit, under penalty of returning it, and a sum four times as large as a fine to the Manila court. If one Indian causes the arrest of another Indian, and the one arrested confesses his guilt, sentence is to be passed by virtue of the confession. Otherwise witnesses shall be called, and after their depositions are taken, the case shall be judged. If there is any appeal, the case is to be tried in second instance, andafter examining the witnesses the records are to be sent to the Manila Audiencia. Criminal cases must be tried as soon as possible. Those involving sums not in excess of five pesos shall be tried summarily, and nothing more than a mere record of them shall be made for the archives of the notary. No fees are to be received for depositions of witnesses, and only the fee adjudged by the tariff can be accepted for giving written records of the case to the parties involved. The tariff of fees is to be posted in a public place in the court, both in the Spanish and native language, in order that all may know the amount to be paid. Notaries are to record the amounts accepted as fees, which must not exceed the tariff. This method of trial was ordered for the purpose of saving time, expense, and trouble to the Indians.]9. [Tariffs according to which food can be supplied to travelers are to be posted in all the villages along the line of travel; as well as of all aid furnished in sailing craft, men, and horses. “For which you shall unite with the father minister of the doctrina, and between you two, you shall make said tariff. In it you shall write that in Tondo and all along the coast of Manila, two reals must be paid for one hen, one real for adumalaga,4and one-half real for a chick; in Pangasinan, Ilocos, and Cagayan, one real shall be paid for a hen, one-half real for a dumalaga, and one cuartillo (four to the real) for a chick; in Tayabas, the tariff made and confirmed by this superior governor shall be kept, until otherwise commanded by it; in Pintados, Leyte, Cebú, Camarines, Catanduanes, Calamianes, and the other jurisdictions and provinces, each hen at one-halfreal, and in proportion each dumalaga and chick. The other food and other things necessary for travel, on the basis of such tariff shall conform to the usage of the country.” The fees to be collected by them and their notaries for making the tariff shall not exceed one real, and a copy of the same is to be sent to the governor for his examination and confirmation. Contravention of this order carries a fine of fifty pesos, to be applied in halves to the treasury and the fortifications.]10. [Bridges are to be built and repaired, and rivers kept clean, especially those flowing from Laguna to Manila through Pasig and Taguig. All undergrowth, enclosures, and obstacles to the natural current are to be removed, in order that the waters may be confined to their beds, thus avoiding overflows and damage to crops. This must be done with the least possible trouble to the Indians, and all must share alike in the work.]11. [In villages along the line of travel, the natives must not be made to act as porters (a prolific source of evil), even with light burdens. Each village must purchase immediately horses and cows, so that they may be available for travelers.]12. [Natives must not become vagabonds, but must cultivate their land, both for their own good and that of the community. In some provinces, underbrush has sprung up and food is scarce because of the nomadic habits of the Indians, and their laziness. An edict is to be published to the effect that if all those who own lands do not cultivate and sow them within two years, such lands will be sold to the highest bidder. The official not obeying this law shall be fined fifty pesos, to be applied in halves to the treasury and the fortifications.]13. [The rearing of fowls and swine is obligatory on the inhabitants. Each Indian is to have at least six hens and one cock, and one sow. Each Sangley is to have a dozen hens, one cock, and two sows. This will avoid scarcity and dearness in price. Close inspection is to be made by the alcaldes-mayor and corregidors, under penalty of suspension from their office. For such inspection, no fees are to be charged by any person connected therewith, under penalty of returning said fee, and a sum four times as great for the treasury.]14. [Great harm results from Spaniards, Sangleys, and Indians giving money to other Indians for their trading. No sum must be so given in excess of five pesos, not even under pretext that it is advance pay for rice or other products. If more is given, it shall be lost, and the Indian receiving it cannot be made to pay it. The prices current at the time of the harvest shall be paid to the Indians by all purchasers other than the king, who has a special rate. No purchases can be made by individual persons until those for the royal warehouses have been made, and the tributes paid. Notaries and Indian governors are forbidden to draw up any contract at the fixed rate or at the price paid by the king.]15. [Inasmuch as Indian slavery is forbidden; and since the transfer of those called slaves by custom is also forbidden; as is also that their descendants born after August 18, 1692 (the date of the publication in Manila of the act of the royal Audiencia of Mexico, in accordance with the royal decree of Buen Retiro, May 1, 1686), should be slaves: the officials are to carefully carry this law into effect, and prevent such slavery.]16. [Careful regulations are made concerningthe Chinese. Because of the spiritually demoralizing effect of the Sangleys on the Indians, and the harm resulting from the wasting of the substance of the latter which is given in exchange for things of little value offered them by the wily celestials, great care is to be exercised in regard to both Christian and heathen Sangleys. None of the latter are to have residence among the Indians, and if any such are found in any village, they are to be immediately sent to the Parian in Manila, the penalty in case of non-compliance with this order being two hundred lashes and four years’ service in the Cavite harbor. The married Christian Sangleys who prove detrimental to the Indians are to be sent to the villages of Santa Cruz and Binondo, and the single men to the Parian (these facts to be ascertained from the priests in charge of the various villages), in accordance with the laws of December 12, 1695, and January 16, 1696. Sangley traders may go to their trade in the jurisdictions of Tondo, Bulacan, Pampanga, Laguna de Bay, and the port of Cavite, provided they have the government license therefor, not being allowed to sleep in any village or house of the Indians, but in their own boats. Trade in any village is limited to twelve days. Any Sangley who shall be found sleeping in any village shall be sent to the governor, who may impose at will upon him the penalty of two years’ service in the harbor of Cavite. Christian Sangleys shall not be allowed to reside in any village in excess of the number required for the service of the convents and the village, and unless married to Indian women. Close lists of all such, with the necessary statistics, must be kept, and they must have the government license to remain in such villages. Anyalcalde-mayor or corregidor allowing any Sangley to live in any village or to trade without the government license shall pay a fine of 200 pesos, and must pay besides the amount of the license for the period during which the Sangley has been without it.]Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767[From original MS. map (in colors) inArchivo general de Indias, Sevilla]17. [Commerce is to be free to all Indians of whatever jurisdiction they be, throughout the Philippines; and no license is required, nor can any fee be charged them. This will ensure a good supply of provisions and other necessities, and promote the cultivation of the land. Good treatment must be shown to them, and their passage from one place to another facilitated, under penalty of a fine of 100 pesos, and a charge in the residencia of the one who transcends this order.]18. [Large and small weights and measures are to be uniform in all the islands with those used in Manila, and shall have been sealed and marked in that city. All others shall be collected, and used under no consideration. Those using others shall restore all things sold with them, and a sum four times as great as a fine to the treasury.]19. [This law lessens and defines those exempt from tribute, polos, and personal services. On account of so many reservations from these, the burden has fallen on the weakest of all the natives, namely, the timauas [i.e., freedmen]. Those exempt shall include all sixty years old and above; the cabezas de barangay, and their eldest sons and successors; cantors, sacristans, porters, and cooks [of the church and convents], who have been exempted in accordance with the act of Governor Santiago de Vera; all officers of justice for the time they serve only; the Pampangos who serve as soldiers and in other capacitiesfor the royal pay in Manila, Cavite, and other presidios, for the time they serve, and their wives in case that they are married. The due honors are to be reserved always for all ex-officials of justice, and they shall be given a special bench in the Audiencia, so that they need not stand, but exemption from all dues shall be only for the length of their actual service. All other reservations than those named above are null and void, among them those of men having more than six children, a practice that has been introduced in some parts, and which was ordered suspended, by request of the fiscal, by an order of December 24, 1695. Alcaldes-mayor and corregidors violating this law shall pay the amount of all injuries resulting therefrom, and a sum four times as great, as a fine.]20. [This law concerns the matter of repartimientos among the natives for supplies for the royal magazines, and for the galleons and vessels despatched annually to Nueva España and the Marianas. Many injuries result because the repartimiento is divided among the Indians, and the Spanish and Chinese mestizos without regard to their material conditions, which gives rise to much suffering. Often “those who have nothing to give, are compelled to get the products elsewhere, and at times to buy them at a higher price than that paid them on his Majesty’s account.” The repartimiento is to be made among all who have had a harvest, according to their several ability, and after sufficient has been reserved for the support of their families, the next year’s sowing, and for the tribute. Those who have not been able to harvest, either through the inclemency of the weather, or because they have been unableto sow because of being absent or busied in the royal service, and the poor, shall be exempt from furnishing supplies. A sworn statement given before the priest of the village shall be necessary to secure exemption. Those furnishing supplies shall be paid immediately, the money being given to each seller in person, and not to the cabezas de barangay or the notables. If the royal funds of any district are insufficient to pay for the supplies furnished, the surplus will be sent on from Manila. Under no consideration shall any debt be left standing. The alcalde-mayor who shall violate this shall be deprived of any political office forever, and shall be compelled to pay all such debt from his own property and a sum three times as great, as a fine, and he may become exempt from this penalty under no consideration. No repartimiento shall be made except at express order of the superior government, under penalty of a fine of 1,000 Castilian ducados.]21. [A law of the kingdom prohibits repartimientos of Indiantanores5for the service of the alcaldes-mayor, priests, or any other persons; or that contributions of fish be asked for the support of anyone, for vigils, or for Fridays and Saturdays. This law must be strictly enforced, and must be proclaimed in all the villages so that the Indians may be fully aware of it. If the alcalde-mayor is unable to prevent any person from violating this law, the governor shall be informed and he will take the proper measures. Any neglect in this shall be made a charge in the residencia. The alcalde-mayor who violates the law shall pay the just value of such services or fish, and a fine three times as great, and bedeprived of all political office perpetually. Indians used as rowers by the alcaldes-mayor or priests in their official capacity shall not be paid, but at all other times they shall be paid as follows: between Mariveles and Manila, at the rate of one-half real per day and food; from Mariveles and beyond, at the current rate of the various districts.]22. [Alcaldes-mayor, corregidors, priests, and other officials shall not be supported at any other than their own expense. Provisions shall be purchased at the prices current, and cash must be paid for them. The natives, however, are compelled to sell provisions to such persons for their support, but such purchases are not to exceed the amount needed. Violation of this law means loss of office.]23. [Alcaldes-mayor and corregidors on assuming office shall receive from their predecessors an inventory of all papers in the archives (if there are no notaries in charge of them), and shall pass on the same with all that have accumulated during their term of office to their successors. This shall be a charge in their residencias, and they must present testimony that they have so done. No person is to be condemned to the galleys or to undergo any bodily mutilation, except with the advice of an assessor enrolled in the royal Audiencia. In case there is no assessor in any district, all cases involving such condemnation must be concluded, all except the sentence, and then prisoner and records sent to Manila for sentence in the royal Audiencia.]24. [In prisons, women and men must be kept separate. If the complaint against women is slight, they shall not be confined in prison, but kept in the house of some relative. No prison fees shall be acceptedby any official from the Indians imprisoned, under penalty of repaying them, and a fine four times as large.]25. [No office can be resigned without governmental permission, under penalty of a fine of 100 pesos. Record books shall be delivered to the alcaldes-mayor and corregidors by the government secretary, in which shall be kept an account of the fines, expenses of justice, and fifths of gold. At the conclusion of anyone’s term, this book shall be delivered to the royal accountancy, and the amount of the fines and fifths to the royal treasury.]26. [This law concerns the appointment of inferior officials by alcaldes-mayor and corregidors. No Spanish alguacil is to be appointed without government title. If any serious case demands such an officer, he shall be appointed only for the time necessary and when the immediate duty is concluded he shall be dismissed. Appointments as lieutenants, masters-of-camp, sargentos-mayor, captains, alferezes, sergeants and adjutants of native military companies, governors for the Sangleys and natives, and all other appointments to military and political posts (whether paid or not), shall not be made without government title. Appointments shall be made only when vacancies occur, and when necessary, three names shall be sent to the governor at Manila, who shall make the appointment therefrom. Without the government title, no one shall exercise any official duty, under penalty to that alcalde-mayor or corregidor who shall violate this law, of a fine of 500 pesos, the payment of the fees of media-anata and such title, while the violation shall become a charge in his residencia, and he shall be subject to all other penaltiesimposed for such violation. Notaries are prohibited under like penalties from drawing up such titles or countersigning the same, and shall not allow possession of any post to be taken without government title. All notaries shall be required to make full testimony of the observance of this law, and in districts having no notary, a certification must be made by the priest.]27. [Methods of election for various jurisdictions are prescribed by this law. In the four jurisdictions of Tondo, Laguna de Bay, Bulacan, and Pampanga, considerable trouble has been experienced at the annual election of the district governor, which has resulted in much ill-feeling among the Indians, and lawsuits because of factions among them, as the elections have been participated in by all in common. Henceforth, the elections are to be held on the day assigned, by all the cabezas de barangay of each village (if there are twelve of them; if less than that number, notables of the village are to be appointed to that number), who with the retiring governor and with the intervention of the alcalde-mayor and priest of the village, shall proceed to the election. Having chosen three persons, their names shall be forwarded to the governor at Manila, in a sealed paper bearing the following title: “Election of such and such a village, which is sent to the governor and captain-general of these islands, through his government secretary.” In accordance with the governor’s choice from these three names the title of the new village governor will be expedited. In the jurisdictions of Calilaya, Balayan, Mariveles, and Cavite, elections shall be held as heretofore, and those elected shall go to, or send to,the governor in Manila for confirmation of their office. Elections shall occur between January 1 and February 28, and for each one the alcalde-mayor and the notary shall receive only three pesos. In all other jurisdictions, elections shall be held in the usual manner, and the appointment made by the alcalde-mayor, but no office shall be enjoyed without the government title. These titles shall be sent to each district, in accordance with the order of September 23, 1693, made out by the government secretary, and signed by the governor and countersigned by the secretary; and on them shall be entered the names of the successful candidates. The names of those elected shall be sent for entry in the government books, and all media-anatas shall be paid, as well as title fees and cost of sealed paper. No newly-elected official shall hold office until he has received the government title, and the old official shall hold over until such time. Violation of this law shall incur the penalties of the preceding law, and it shall be made a matter of residencia.]28. [No encomienda shall be granted nor any acts made in regard to them without the express command of the superior government. Any claims to encomiendas must be satisfied through the proper channels. Claims to any encomiendas obtained otherwise are null and void.]29. [No Spaniards may live in any Indian village, except by permission of the governor at Manila, and where such permission is given, they must live decently and quietly. This includes both married and single men, and is to be enforced especially in the province of Pampanga, although all Spaniards married at present to Pampangas may remain.All other men married to Spanish women or to Indian women of Pampanga [in the future], and all single men must leave the province immediately, and may not return without permission. If Spaniards wish in the future to marry Pampangas, they cannot live among the natives, under penalty of a fine of fifty pesos.]30. [A general treasury council held in April, 1696, rules that the Indians shall not be compelled to take the tribute to the capital cities at their own expense. In case they are ordered to take it to any place, they must be paid the proper prices for transportation. If after the stipends of the priests of the villages are met, any residue of the tribute remains from the encomiendas belonging to the royal crown, the alcaldes-mayor shall notify the superior government and the royal officials of the amount in each village, so that it may be ordered taken to the place deemed most advisable. Nothing spent for transportation shall be admitted unless an order has been given for such transportation. Encomenderos and collectors shall observe the same method in order to avoid the injuries suffered by the natives. Violation of this law shall be a matter of residencia, and those violating it shall be condemned to make good all the losses to the Indians in consequence thereof, and four times that amount as a fine.]31. [A government act of March 22, 1657, ordered all the polo funds created in each village to be suppressed, as well as the need of each chief contributing annually one peso and each timaua one toston to them, for the expenses of his Majesty’s service. Alcaldes-mayor and corregidors are ordered not to allow such funds to exist, or any contributions to be made for them, under penalty of suspensionfrom political and military office for four years, service as a soldier, and a fine of 100 pesos.]32. [Great care is to be taken to have the Indians plant cocoanut palms and set out abacá plants: the chiefs, trees to the number of two hundred and plants to the same number; and timauas, each to the number of one hundred. Those dying out are to be renewed, so that the number may always be kept up. This is to be a matter of personal care on the part of the alcaldes-mayor, who are to appoint a representative in each village to register the trees and plants and render account of neglect to observe this law. The palms are useful for the support of the Indians, while from its fruit are obtained oil, wine, and bonote for the furnishing of the galleons and other vessels, and the material for making rigging. For failure to prepare these supplies for the ships, a fine of 1,000 pesos shall be imposed for the purchase of oil and abacá, and the omission shall be made a charge in the residencia. Loss of office shall also be incurred, and for the inferior officials a penalty of two years in the galley without pay.]33. [The Indians, both men and women, and the married Christian Sangleys must be made to destroy the locusts that do so great harm to the crops throughout the islands, especially the young, calledlocton, which are so destructive, and can be killed easily as they have no wings. Each person shall be charged during certain days or weeks to kill so many gantas of this destructive pest, under penalties that shall be imposed for neglect. Neglect by the alcaldes-mayor and corregidors in this law shall mean deposition from office, and a charge in their residencia.]34. [No obstacle shall be placed to the Sangleycraft that have government permission to trade in any province, during the time of said permission. But at the end of the term of their license, they must return to Manila, and the alcaldes-mayor and corregidors may not continue that period. Sangleys found without the government license, or with it, if outside the provinces of Tondo, Bulacan, Pampanga, Laguna de Bay, and the jurisdiction of the port of Cavite, to which the government license extends, shall be arrested and sent with their crafts to Manila, with testimony to that effect, so that they may be punished fittingly. If any license is given or continued unlawfully, a fine of 1,000 Castilian ducados shall be imposed, and perpetual deprivation of office.]35. [A government order of September 13, 1688, in pursuance of a royal order of the ninth of the same month, arranged for “raids into the mountains of the provinces of these islands, for the reduction of the Indians in insurrection and the mountain-dwellers in the provinces of Cagayan, Caraga, Calamianes, the island of Negros, Oton, Camarines, and Leyte; and that in the said provinces of Cagayan, Caraga, Calamianes, and Oton, where Spanish and Pampanga infantry is garrisoned, whenever aid of money and rice is given on the account of his Majesty, the said raids shall be made with that part of the infantry that is deemed advisable, while the remainder shall be left for the usual matters for which it was intended. The alcaldes-mayor of Camarines and Leyte shall give aid from the royal property in their charge, in rice to the amount of one ganta of palay per day for every person taking part in the said raids, for the time of their duration, but he must not forget to send a previous report to this superiorgovernment, with the testimony of the notary of each province and the certification of the father minister of the doctrina of the number of persons to be occupied in said raids, and at the end of said raids he shall send a report of them, and the time they lasted.” Otherwise the alcaldes-mayor will not be credited with the amount of rations they have supplied for such raids. In regard to the island of Negros, the corregidor of that island shall requisition the necessary troops from the alcalde-mayor of Cebú. This order shall be sent to all the provinces and shall be kept in the archives of the courts thereof, so that it may be exactly observed.]36. [Lists of the persons sailing in any royal vessel to points in the islands shall be furnished by the pilot or master; as well as the time for which they are supplied with food. A month’s rations are to be allowed to such persons after supplies are exhausted. If they cannot return to Manila in that time because of some unforeseen event, another month’s ration shall be given them by the alcalde-mayor in whose jurisdiction they may happen to be, and the amount entered in their accounts, so that it may be made good. All repairs to such vessels as have to be made in the provinces, and the cost of the same shall be estimated by experts in the presence of the proper officials and the priest of the village. The alcalde-mayor shall pay the same from the royal funds, and, on the statement of the priest, the expense shall be admitted.]37. Having been informed that the native vassals of his Majesty living in the villages of the provinces of these islands had intercourse and communication with the heathen, apostate, and fugitive Indians who dwell in the mountains and hills, by going to tradewith them and selling them iron for their weapons, wearing apparel, and the other things lacking in said mountains, and necessary to them for the conservation of human life, on account of which their pacification and reduction to our holy Catholic faith and to the obedience of his Majesty is impossible, frustrating, because of the interest of said Christian natives in the gold and wax which they get through said heathens and apostates, the Catholic zeal of his Majesty, who is maintaining these islands at so vast expense to his patrimony, for the sole purpose of the extension of the holy gospel and the conversion of their natives thereto; and considering the only remedy to be the avoidance of such inconvenience: on the seventh of January last of this year, I sent orders generally to all the alcaldes-mayor and corregidors, commanding them to publish an edict in every village of their jurisdiction, forbidding all the natives thereof who are subject and recognize vassalage to his Majesty, to have intercourse, communication, or trade with the heathen, apostate, and fugitive Indians, negroes, and Zambals, who inhabit the mountains and hills, and are not reduced to the royal obedience, under penalty of one hundred lashes and two years’ service in the harbor of Cavite, with only their food. Said alcaldes-mayor and corregidors shall watch, and use great care in avoiding such intercourse, communication, and trade, and shall take all the measures that appear necessary therein. They shall report to this government the results and all that arises therein, in order to see whether it is necessary to enact any other measure. They shall do this inviolably, without any pretense or tolerance, for it is not practicable that said heathens and apostates having been compelled by necessity, will becomereduced to obedience to his Majesty and embrace our holy faith by means of the preaching of the father ministers of instruction. The latter shall for their part aid in a matter so to the service of both Majesties, as I have asked and requested of the reverend fathers provincial of the orders. Said alcaldes-mayor are advised that this prohibition is not to be understood in regard to the heathen Indians who live in the villages and obey and pay tribute to his Majesty; and that those of this kind shall not be prohibited from trading with the Christians, because they are subject to the obedience of the king, our sovereign, and pay him a recognition of vassalage, in the tribute which they give.38. [An order given by Cruzat y Góngora, December 24, 1695, to alcaldes-mayor and corregidors, arranges for the appointment in each village of several notables, whose business it shall be “to seek out Indians who commit offenses against God, our Lord, in order to correct and punish them, and report thereof to the father ministers, so that they may be dissuaded from their errors, and directed along the path of salvation.” Great care is to be exercised in this, and those Indians calledvilitaosandcasonos6are to pay tribute and render personal services. Report must be made as to whether the above classes still exist, and whether they pay anything to any person for exemption from tribute, polos, and personal services, and they shall be punished if of the secular court.7]39. [This law, which was enacted by Cruzat y Góngora, May 14, 1697, and ordered to be included among the government ordinances, commands that the two cooks allowed to priests established in a district having five hundred whole tributes be no longer exempted from tribute, polos, and personal services. The ordinance enacted by Santiago de Vera, by which cantors, sacristans, porters, and cooks, are exempt from the above, shall be revised to read only the first three. This ordinance is made in pursuance with the decision of the royal Audiencia of February 22, 1697, that laws xli, and xlii, título xii, book vi of theRecopilaciónbe obeyed. It was consequently ordered by Cruzat y Góngora’s decree of February 22, 1697, that no village shall against its will furnish any Indiantanoresto the seculars, regulars, or other ecclesiastical persons, or to the alcaldes-mayor. (Seeante, pp. 203, 204, ordinance 19.) Hence, that this order may be executed, the present ordinance follows.]40. [An ordinance enacted by Governor Zabalburu, April 8, 1704, is given because of a communication received by him from Archbishop Camacho, under date of January 26, 1702. The letter asks that law vi, título i, book vi, of theRecopilaciónbe enforced, because of the sins, both against chastity andjustice, arising from natives serving in the houses of their prospective parents-in-law. It happens often, in addition to the sin against chastity that the marriage is not consummated, and the man loses his wages for the service he has rendered. The archbishop has published an edict ordering this practice to cease, but it is wise for both the civil and ecclesiastical power to act in concert in this matter, “for it often happens, on not few occasions, that fear of the royal power is stronger than veneration for the holy laws of the Church.” The governor is asked to add to the penalties of the law, those penalties which he judges advisable. Consequently, he orders that in each native village, no Indian shall receive into his house or service any man who is about to contract marriage with his daughter, during the three festival days of the village, and that he shall not receive any money or products from him because of such matrimonial contract. Timauas violating this ordinance shall receive fifty lashes, be incapacitated from holding any office, and be compelled to restore to the treasury what may have been thus paid. Notables shall lose their rank and become timauas. The due performance of this ordinance shall be a charge in the residencia of alcaldes-mayor and corregidors.]41. [An ordinance enacted by the same governor, April 28, 1704, cites an act of his predecessor, Cruzat y Góngora, April 30, 1697, ordering that when the priests of the villages need Indians for the necessary things of the divine service, the gobernadorcillos are compelled to furnish them, the priests paying such Indians at the rate of one real per week apiece and their food. According to the order of Governor Niño de Tabora, no priest was to have more thanfour Indians, in addition to the cantors, sacristans, and porters. In villages so small that the stipends received by the priests are insufficient to pay for the services of the four Indians, they are not under the necessity of paying them, if their residence there is a necessity, and they reside there at the petition of the Indians, in which case the latter shall pay for the services of the four Indians. Another act of Cruzat y Góngora, of August 31, 1697, rules that the offering to be contributed by the Indians for each of the three religious festivities of the patron of each village, Corpus Christi, and Holy Thursday, be one real for each whole tribute, and one-half real for each single man or woman, this alms being fixed at the request of the procurators-general of the four friar orders and the Society of Jesus. This offering is to be collected in a humane manner, and the gobernadorcillos and cabezas de barangay are not to exact a greater sum under pretense that it is for the church. These two acts Zabalburu orders to be included in the ordinances given to each alcalde-mayor on the assumption of his office. He also orders the observance of an act enacted by himself March 13, 1704, ordering that eightbagontaosbe assigned in each village weekly for the service of divine worship, the church, and the ministry of the sacramental mass; and for the service of the priests when it becomes necessary to leave the village to administer the sacraments. In villages of less than three hundred tributes, there shall be only the eight bagontaos, under penalty of punishment to the gobernadorcillos who shall allow more. This ordinance is to be proclaimed in all the villages by the alcaldes-mayor on the festival days.]42. [In accordance with the request of Archbishop Camacho that curas and missionaries be ordered not to exact larger fees than those allowed by the royal tariffs, and that the alcaldes-mayor enforce this, an order to that effect is issued to the latter. Violations by curas and missionaries are to be reported to the superior government, and alcaldes-mayor are to get careful reports on this head from the native gobernadorcillos and their officials. Any omission in this shall become a charge in the residencia, and the alcalde-mayor shall be obliged to make good the excess fees from his own property, and pay a fine four times as large as the excess. This was ordered to be included in the ordinances, March 8, 1708.]43. [This ordinance has to do with the government monopoly on playing-cards. On December 2, 1707, the governor orders that the department of that monopoly be taken from the control of the royal officials of the treasury and given into the charge of a special judge. Various ordinances enacted by Doctor Don Juan de Gárate y Francia are to be carefully observed. Alcaldes-mayor shall have the direction of this department in their respective jurisdictions, and in accordance therewith this ordinance is to be included among those given to them on assuming office. The special judge may appoint whom he pleases in the department, at salaries approved by the fiscal. Lastly all the packs of cards in the island are to be collected, and those bringing them are to be paid the price for which they are to be bought; and this as well as all other matters shall be done as the special judge deems best.]44. [In consequence of two royal decrees (bothof which are inserted), one dated September 30, 1714, and the other June 15, 1720, which forbid under severe penalties the manufacture and sale of brandy (made from sugarcane) in Perú and Nueva España, because of the many evils arising therefrom, Governor Toribio Joseph Miguel de Cosio y Campo orders the said decrees to be translated into the native languages of the Philippines, and proclaimed by order of the alcaldes-mayor and corregidors in their respective jurisdictions, and the strict enforcement of the same. If an Indian manufacture and sell brandy, for the first offense he shall be arrested, given two hundred lashes, and thrown into the galleys for six years; for the second offense, this shall be doubled; and for the third, tripled, besides exile from the province. The same punishment shall be meted out to the makers of instruments for the manufacture of brandy, if they are Indians. This law is made a part of the ordinances which are to be given to alcaldes-mayor, who are enjoined under severe penalties to break up this nefarious traffic.]45. [The same governor, on May 16, 1724, in view of a report of the alcalde-mayor of Bulacan, of January 5, 1724, the writ of the fiscal, of January 20, and the vote of the royal Audiencia, forbids the alcaldes-mayor and others to exact fees from the natives for appointments, under penalty of a fine of 500 pesos and a sum four times as great as the fee exacted. All other fees are to be regulated according to law xxv, título viii, book v, of theRecopilación, and the government secretary is ordered to send a list of all fees that can be taken to all the provinces, which is to be strictly observed. All exaction of unjust fees by the royal accountancy is to cease. Copiesof this ordinance are to be sent to all the alcaldes-mayor, in order that they may be affixed in the public place so that all may know of it.]46. [On December 10, 1725, the same governor, in view of the report of the Recollect provincial, of September 20, 1723, and the deductions of the fiscal, October 7 and November 6, 1723, and January 14 and November 23, 1724, orders that all bandalas or purchases8of wax, rice, and other products, be distributed among the natives according to the several ability of each one, and with regard to the fact of whether they have been able to reap a harvest, or to care for their crops after planting them (see ordinance 20, which is expressed in almost the same terms). The injuries done to the natives by the bandalas and purchases must cease. Copies of this ordinance are to be sent to all the villages and proclaimed in the native languages, in order that all the natives may be informed of it. It is also to be noted in the books of the royal accountancy, so that all purchases may be made according to the terms expressed therein, and that all exactions may cease.]47. [The governor, after examining the report of Fray Benito de San Pablo, Recollect, formerly of the district of Romblon in the province of Panay, in regard to the exactions of the alcaldes-mayor from the natives, and the remarks of the fiscal, orders the alcaldes-mayor to collect from the Indians tribute only in the products which they possess; and but two gantas of rice, in place of the three which theyhave usually and unlawfully collected. This shall be made a matter in the residencia, and violations will be punished with fines and penalties.]48. [Governor Valdés Tamon under date of July 28, 1730, orders instructions sent to the alcalde-mayor of Laguna de Bay and to all other alcaldes-mayor, commanding them to pay for the services of the natives according to the tariff (see ordinance 21), except in cases of the administration of justice and matters of the common welfare.]49. [An ordinance of the same governor, August 9, 1730, orders the late alcalde-mayor of Ilocos to present himself in Manila within a month after being notified thereof, in order that he may hand in his accounts. He is to do this under penalty of a fine of 1,000 pesos. This ordinance arises from the report of the judge of the residencia that said alcalde-mayor, Captain Bernaldo Roldan, is building a large dwelling house in the capital city of the province, whence will ensue injury to the royal treasury from the detention of his accounts.]50. [In order to remedy the neglect, inexperience, and laziness of alcaldes-mayor, castellans, and other officials of villages, forts, and presidios throughout the Philippines, the governor, Francisco José de Obando y Solis, on August 13, 1751, enacts that all such officials must perform their full duty promptly. Annual reports must be sent to Manila regarding the condition of villages, forts, and presidios, discipline, etc. The original reviews, which are to be made monthly, are also to be sent. All priests are urged to send separate reports concerning the same matters. Thus will the demoralized condition of the Spanish forts and presidios—where thesoldiers are totally undisciplined, and hence unprepared for any sudden call—and the injuries to the royal treasury, be remedied.]51. [The same governor, on October 25, 1751, orders that cabezas de barangay cannot, while serving in that capacity, be proposed or nominated as gobernadorcillos or other officials of justice, for from this practice has arisen considerable harm to the royal treasury, because the collection of the tribute is in charge of the gobernadorcillos and officers of justice, and one man cannot well perform two distinct duties. Ordinance 27, governing the election of gobernadorcillos and officers of justice, must be understood with these limitations and restrictions. Alcaldes-mayor and priests are ordered and urged to watch carefully over this matter in order that all frauds against the royal treasury may cease.]52. [The same governor, in view of the many things that demand immediate remedy, notwithstanding the many government ordinances that have been enacted by his predecessors (because new laws always give rise to new conditions and other abuses), orders governors, corregidors, alcaldes-mayor, and other officers of justice immediately to “issue, and cause to be issued, the most suitable measures, so that in the villages of their districts schools be erected, established, and founded, now and henceforth, where the sons of the natives and other inhabitants of their districts may be educated and taught (in primary letters, in the Castilian or Spanish language). They shall see to it and watch so that the people study, learn, and are taught in this language, and not in that of the country or any other. They shall procure its greatest increase, extension, and knowledge, withoutconsenting to, or permitting any person, of any rank or quality, to violate or disobey this resolution, or schools of any other language to be erected or established, under penalty of five hundred pesos, applied at the discretion of this superior government. But as soon as it is ascertained or learned that any ecclesiastical or secular person is attempting or trying to violate this resolution, his purpose shall be prevented, hindered, and disturbed; and a report of the one disquieting and disturbing, if an ecclesiastic, shall be made, in order that he may be ordered to conclude and not continue [his purpose]; and if a layman, he shall be arrested, and a cause shall be formulated briefly and summarily, his property confiscated, and he shall be sent a prisoner, together with his property, so that the most severe and commensurate penalties may be applied.” Ordinance 29, forbidding Spaniards to live in the villages of the natives, is annulled, in order that this may have better effect; but the alcaldes-mayor and other officials must look after and correct their behavior. Such schools are to be established at the cost of the various villages, being paid out of the communal funds established for schools taught in the native language. These latter shall cease in proportion as Spanish schools are established. Future offices conferred on the natives shall be given to those with the best knowledge of Spanish. This ordinance was issued October 19, 1752, as were also ordinances 53–60, which detail the report to be made to the superior government.]53. [This ordinance commands governors, corregidors, and alcaldes-mayor, now and henceforth, to report to the superior government within a year aftertaking office, concerning the products and manufactures of their provinces.]54. [Also the report shall include “the condition of the province; its fortresses, weapons, and defenses; the number of troops in garrison, and their condition; the amount of artillery mounted; the amounts of war supplies, arms, ammunition, and other utensils;” in whose charge they are, and how they are looked after. Separate reports shall be sent from those in charge of the above. Also the best methods for correcting abuses shall be discussed.]55. [The report shall also give details regarding pay and aid of officers and soldiers, the manner of paying them, their behavior in reviews, how often the latter are held, and by whom.]56. What bodies of militia exist in the villages and hostile frontiers, and whether they are kept in readiness; with what powers and under what rules they have been created; and whether they must be maintained permanently or only on occasion.57. [Whether pay is determined on the total number that ought to be enrolled, or whether the proper discounts are made for death and desertion.]58. [The annual report shall include the census of each village, visita, or mission, the data for which can he secured from the parish priests and missionaries. Also a note must be made of all innovations that occur, and that are worthy of superior notice.]59. What convents, colleges, and houses of shelter, for education and teaching, exist in each village; their size, construction, and building fund; with the number of religious, and those educated or being educated therein, and in the doctrinas and missions which they own.60. [The report shall also contain the location of villages and their accommodations, the inclinations of their inhabitants, and whether any intelligent persons are found in them. A map of the province shall accompany the report for the greater intelligence of the superior government, and its use in dictating laws. This resolution (ordinances 53–60) carries with it a penalty of 500 pesos in case of violation, and others at the governor’s discretion. In the future, officials shall not leave their residences until they have received the approval of the government for the strict fulfilment of their duties.]61. [A royal decree, dated Madrid, April 5, 1765, in view of the controversy that arose [in 1764] between Governor Alfonso Hernandez de Heredia and the Audiencia in regard to the opening of the despatches, orders, and instructions belonging to Joaquin de Aguirre, who died in America before he could take his post as governor of Guatemala, to which he had been appointed; and in order that a fixed rule might be laid down: orders that whenever any appointee dies in any American village before he can assume a post to which he has been appointed, the corregidor, alcalde-mayor, or other justices, collect his papers, despatches, orders, etc., and with the notary make an inventory of them, but without examining them, and send the same sealed to the Audiencia of the district (or the governor of the district, if there is no Audiencia), with the first word of each document, its date, and signature, so that the proper measures may be taken, and the judges of the property of deceased persons shall have no authority to meddle in this. This decree is to be communicated to all the justices of the royal provinces, in orderthat they may so act. Account is taken of this decree in the Manila Audiencia, June 22, 1766. The fiscal, after examining the decree, June 28, 1766, advises that it be observed, and instructions be sent to the judges of the property of deceased persons and to alcaldes-mayor. At a meeting of the Audiencia, July 3, 1766, the advice of the fiscal is acted on fully.]THE SO-CALLED ORDINANCES OF RAONRoyal ordinances formulated by the superior government and royal assembly of these islands, February 26, 1768, for the proper direction of the governors, corregidors, and alcaldes-mayor of their provinces, relief of the natives, and observance of the laws; ordered to be observed and complied with, by royal act of the same date. Ordered to be printed and distributed by his Excellency Don Rafael María de Aguilar, governor-president and captain-general of the islands by the authoritative decree with which they begin.9[Under date of Manila, September 11, 1801, Governor Aguilar orders the printing of one hundred copies of the ordinances formulated February 26, 1768, and the distribution thereof to the alcaldes-mayor, corregidors, and governors of the provinces.10By royal decree of January 17, 1797, anorder was given for the revision, correction, and modification of those ordinances; but it has not been done, and only one copy of them is known to exist, and that is not attested. The ordinances are to be registered in the proper places. Copies are to be sent to the bishops and provincials of the orders, so that they may urge the obedience of the ordinances. Each alcalde-mayor is to pay the cost of the printing of the copy sent him. This decree is to precede the printed ordinances.11][Raón revises the ordinances of Governor Pedro Manuel de Arandía,12in consequence of royal decrees of December 4 and 23, 1760, ordering ordinances for the direction of the alcaldes-mayor. The ordinances follow, mainly in synopsis.]1. [Alcaldes-mayor and other justices are to receive their titles in the usual form, after giving bonds and taking the necessary oath to perform their duties lawfully, to administer justice without self-interest, and impartially, not to take excessive fees or accept bribes, to observe these ordinances and those of theRecopilación, and to promote the welfare of the provinces.]2. [Since the conduct of the superiors furnishes an example to inferiors, alcaldes-mayor and other judicial officers must furnish a good example to the natives, by carefully observing the laws and rites of religion, and by showing the due respect and veneration to all ecclesiastics. Those of evil disposition shall be rigorously punished in accordance with their offenses.]3. [Under no consideration shall the Indians be ill-treated by the judicial officials or anyone else, and the laws of título x, book vi, of theRecopilaciónshall be strictly observed. If the alcaldes-mayor are unable to prevent ill-treatment of the Indians, they shall report the same to the superior government, according to law lxxxiii, título xv, book ii, and law iii, título x, book vi; or to the fiscal of the Audiencia, according to law vi, título xviii, book ii.]4. [The alcaldes, encomenderos, or any other person, shall not collect gold or money, or accept a loan, or present, from the Indians, or collect more than the just amount from them (law xiv, título xxix, book ii, and laws xlviii, xlix, título v, book vi). Personal services must be paid, as well as the food purchased from them, at the prices of the tariff. If the Indians are forced to buy the products that they sell, they shall buy them at suitable prices.]5. [The tribute shall be collected only when due, and to the proper amount, both in kind and in money, according to the instructions given out by the royal accountancy. Especial care shall be taken in the examination of the lists and ages of the Indians (law xxiii, título v, book vi), in order that unlawfulexemptions from the tribute may not occur, thus wronging the royal treasury. Offenses either against Indians or the royal treasury shall incur a fine of four times the amount, besides a special fine of 200 pesos.]6. [Exemptions from polos are more common than from tribute. With good reason some have been conceded to villages which have churches to build or to some private persons for distinguished services especially in times of war.13All such concessions must be examined by the alcaldes-mayor, in order to ascertain whether they are to the prejudice of the rest of the people, and to inform the superior government thereof. No further exemptions must be granted under penalty of a fine four times the amount of the exemption—except to cantors, sacristans, and porters; to governors, lieutenants, and officers of justice, during their term of office; and to cabezas de barangay, their wives, and eldest sons, and all others exempted by the superior government since 1764. All others conceded before that date shall be revoked until confirmed by the government. Exemptions in the provinces of Cavite, Tondo, Laguna, Bulacan, Pampanga, and Bataan, shall be conceded directly by the superior government; in all other provinces through the alcalde-mayor. The Indian claiming exemption from any payment mustpresent himself with his proofs before the alcalde-mayor.]7. [Collection of tribute in kind is often severe upon the Indians, because of epidemics (law xiv, título v, book vi), locusts, failure of crops, and other misfortunes. At such times it is quite proper that the Indians be not molested for what they do not possess (law xxii, título v, book vi). However, since the Indians often sham, when it is to their advantage to sell their crops, the alcalde-mayor shall see to it that neither the Indians nor the royal treasure suffer unjustly. If it is necessary to collect in money what ought to be collected in kind, an additional charge of five per cent must be made, in order to cover the increased cost to the government of the products elsewhere for the storehouses, and in order that the Indians may not avail themselves unjustly of excuses from paying in kind when that is to their advantage (law lxv, título v, book vi; law xvi, título ix, book viii).]8. [This is similar to old ordinance 20 (q.v.,ante, pp. 204, 205). To it is added that the alcaldes shall send to each village an account, authorized by the provincial notary, of the distribution of the purchase or bandala so that this may be presented at the residencia, and compared by the judges with the orders given for that purpose, in order to ascertain whether the two tally, and whether there is any excess.]9. [Whenever it becomes necessary to purchase more productsthanthe amounts regularly fixed, orders to that effect must be issued by the superior government. Extraordinary purchases thus made shall be paid for at the prices current in that particularprovince where they are bought, and not at the regular price established for royal purchases.]10. [By law xliv, título v, book vi of theRecopilación, and by ordinance 30 (q.v.,ante, p. 210) of the old ordinances, it was ordered that the Indians were to pay the tribute in their own villages, while the cost of transportation to the chief cities of the provinces was to be met by the royal treasury. But the above law treats of tributes in general, and hence includes those of private encomiendas, and is contrary to the laws regarding the royal tributes, namely, law x, título ix, book viii, and law lxiii, título v, book vi. These laws declare that tributes shall be paid in the chief cities of the provinces, or if paid elsewhere, cost of transportation shall he paid by the Indians, and not by the royal treasury. This ordinance therefore amends old ordinance 30, which will prevent the frauds committed by the alcaldes under the name of transportation expenses. Besides, this expense, being so moderate, will not be hard on the Indians.]11. [This ordinance was intended for the simplification of the accounts of the alcaldes-mayor, and for the prevention of frauds to the royal treasury. By entering in the accounts the amount of the tribute in both money and kind (it being paid in both), there was a confusion of accounts, many back accounts, and frauds through the loss of vessels or pretended fires, etc. The alcaldes-mayor are ordered to compute all the accounts in money, although the tribute shall be collected as heretofore. No certification that the collections have not been made will be received, as such documents are very suspicious. When alcaldes-mayor take office, they shall sign a contract to send in their accounts, and to store in themagazines the amount of the products necessary for the royal service, the value of which shall be reported in money. The rations that are given to the troops or crews of vessels in the various provinces shall be computed also in money, at the price established in each province. This regulation, in accord with the tenor of ordinances 4 and 5 formulated by Arandia, shall be enforced on the appointment of the new alcaldes-mayor to the various provinces.]12. [The factor of the royal treasury shall make a chart of the products of each province which are needed for the annual provision of the royal magazines, and of the prices in each province, according to the appraisals of the tribute and of the freight that must be paid for transportation, in order to avoid confusion and doubt regarding the same. The freight is charged according to the distances and the risk in transportation. The chart shall also give the amount of the stipend for each province that is paid in kind, computed in money, as well as the prices for the food furnished to the royal vessels, and the rations for the troops. The alcaldes are to take receipts for all that they shall deliver, and place the same in their accounts in money value according to the chart.]13. [Since the products of the royal bandala or purchase are to be brought to the royal magazines, another chart, expressing the prices paid in such purchases, transportation charges between villages, and sea freights to the royal magazines, shall be made for each province, in order to avoid fraud and confusion.]14. The pay of their stipends to the curas and ministers of the missions, as well as the [paymentfor the] other ordinary expenses of each province, shall be made by the alcaldes-mayor, according to the instructions of the royal officials, and the orders of the superior government, and they shall be bound literally by those orders.15. [The payment of the stipends of the curas and missionaries in money and not in kind is advised, in order to avoid all contentions such as are wont to occur between them and the alcaldes-mayor. The former always collect in the method most convenient to themselves, which is often to the prejudice of the royal treasury. Since there is no longer a reason, as at the beginning, for paying the stipends in both money and kind, law xxvi, título xiii, book i, of theRecopilaciónought to be observed, according to which the stipend should be paid in money. The practice of paying the stipends in the villages hitherto practiced, and not compelling the curas and missionaries to have recourse to the royal treasury (according to law xix, of the above título and book), should be continued.]
Ordinances of good government (the original ones) by Governor-general Don Sebastian Hurtado de Corcuera in 1642. Revised by Governor-general Don Fausto Cruzat y Góngora in 1696. Enlarged later.1Don Fausto Cruzat y Góngora, knight of the Order of Santiago, member of his Majesty’s Council, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia and Chancillería resident therein, etc.:Inasmuch as I have recognized that there has been considerable change in regard to the ordinances made by Don Sebastian Hurtado y Corcuera when he was governing these islands in the former year 1642, for the direction and good government of the alcaldes-mayor and corregidors of the provinces of the islands, both in those occasioned by time and becauseof some2… having been seen in the observance of … sections which then … in harmony with reason … some have been abolished and others added at different times; and since on account of the many numbers that are found to have been revised at present, confusion might be caused to the ministers who are to observe them, as has been experienced on some occasions; and desiring to avoid these inconveniences, and that everything may be clearer; and since I believe that it will be greatly to the pleasure of God our Lord, and the service of his Majesty (whom may God preserve), to reduce them to a less number, which the times render necessary, for their good direction according to the present condition of affairs: I order and command you, the said alcaldes-mayor and corregidors who are at present and shall be in the future in the provinces of the district of this government, that during the term of your offices, each one of you in your jurisdiction and district, shall observe the following order, sections, and instruction.1. [On taking office, they must swear before the chief notary of the government to execute the laws according to justice; not to take bribes and excessive fees; and to abide by the laws of the kingdom, and any ordinances, and the present instructions.]2. [Since the officials will serve as an example to the natives under them, they must see that their behavior morally and religiously is above reproach. They are also to watch carefully over the morals of those under them, and especially to see to it that blasphemy is punished.]3. [The Indians must be well treated, and mustbe molested by no person, whatever his rank. The rich must not oppress the poor in any way, “and if anything should arise in this that you cannot remedy in person, you shall advise me very minutely of it so that I may correct it and have it remedied in the most advisable manner. You shall not permit any encomendero or his collectors, or any other person, to borrow or get credit from the Indians in gold, reals, or any other …; nor that the tribute be collected from them before it is … the year when they are to pay it; and the collection, … according to the last appraisal at the ages ordered; nor that, as a ransom or as a recompense for anything, or under cover of anything else, more be collected from the Indians than is due according to the said appraisal, namely, one toston in kind, and the hen at the price declared in the appraisal, and the rest in reals; nor that any collection be made from him who sowed and did not harvest; nor from anyone who was sick or occupied in the service of his Majesty, and was unable to sow, nor from old men of sixty years, who are by reason of that age reserved by this government [from the tribute]. You shall not consent under any consideration to the contrary of all the above; nor that the said encomenderos or their collectors live among the Indians of their encomiendas longer than the duration of the time of the collection, which at the longest must not be more than three months.” Likewise the encomenderos and their collectors are to promptly pay what they owe to the Indians, both for personal services and for provisions and other supplies furnished at thetime of the collection of the tribute, and these shall be paid at the current rates. Great care is to be exercised in the election of newcabezas de barangay, who are to be in the line of succession, and have the necessary qualifications therefor, and are to pay the media-anata before a legal title can be issued to them by the governor. When at death or for any other just reason it becomes necessary to elect other cabezas, “you shall send me the nomination of three chief persons suitable and capable for each barangay, and shall inform me of the reasons and causes for the removal, so that after I have examined them I may choose whom I please.” The non-observance of this method of election will bring its punishment. Each barangay must consist of forty-five to fifty tributes, and no more.3Barangays with less shall be united.]4. [The Indians must not be harassed with injurious taxes and assessments (as is so often the case). If such become necessary, the governor is to be informed thereof, the necessity therefor, and the sum to be assessed. A list of the citizens is also to be sent, “with mention of those who possess property, so that allowance may be given by this government to make the assessment, so that an equal charge may not rest upon those who have money and those who are destitute of it, but that each one contribute according to his several ability.” The imposition of a tax or assessment without the permission of the governor carries with it deprivation of office and satisfaction from the property of the one dismissed of theentire sum contributed, to those assessed, and a fine of 500 pesos for the treasury and fortification expenses.]5. [In the management and disbursements of funds from the communal treasuries, there is much graft among the officials. An order sent to all the provinces the preceding year at the request of the fiscal ordering the alcaldes-mayor and corregidors to oversee and manage the communal treasuries is to be strictly obeyed. All disbursements are to be by express order of the superior government. Disbursements made without such order shall be made good from the property of the one allowing them, or their bondsmen.]6. [Alcaldes-mayor and corregidors are not to accept any presents, even of food, during the term of their office, as their hands will be bound thereby. They must pay a just price for what they purchase. During the term of their office they are not to purchase a ranch or any lands in the territory of their jurisdiction; neither are their secretaries or alguacils-mayor to buy them: for many evils follow therefrom. They are to build no sailing craft under any consideration, “under penalty of loss thereof and two hundred pesos, applied half to fines for the treasury and fortifications, because of the great harm caused to the natives by such constructions. For when you need any vessel, you can charter one.” Likewise they are forbidden to engage in any trade with the natives and citizens of their jurisdiction, either directly or through agents. They are not to take a portion of the fees and salaries of their notaries, interpreters, and other persons, “because of the harm resulting from the judges having such shares. Nor shall youallow your officials to take them; nor shall you make an agreement with anyone in regard to the abovesaid.”]7. You shall visit your jurisdiction once each year, remaining twelve days in each large village of the chiefs, and six days in the small villages, visiting them and trying with justice the natives in whatever they plead, remedying all that you may find necessary and clearing away whatever injuries or injustices may have been committed. [During the visit or rather, during all their term, they are not to hale anyone into court to justify any slavery, but justice is to be meted to those who appear to plead of their own accord. They, their clerks, or other officials, shall not take fees from any fifths of gold paid them in their jurisdictions; neither shall fees be exacted for the visit. They must pay their own expenses during that period and not exact them from the Indians. Contravention of this last means restoration of the amount exacted to the Indians, and four times as much as a fine.]8. [This regulates the manner of trials and the fees for the same. No process is to be made in cases involving sums up to twenty pesos, but such cases are to be briefly despatched, and the notary cannot receive a fee in excess of four reals from each party to the suit, under penalty of returning it, and a sum four times as large as a fine to the Manila court. If one Indian causes the arrest of another Indian, and the one arrested confesses his guilt, sentence is to be passed by virtue of the confession. Otherwise witnesses shall be called, and after their depositions are taken, the case shall be judged. If there is any appeal, the case is to be tried in second instance, andafter examining the witnesses the records are to be sent to the Manila Audiencia. Criminal cases must be tried as soon as possible. Those involving sums not in excess of five pesos shall be tried summarily, and nothing more than a mere record of them shall be made for the archives of the notary. No fees are to be received for depositions of witnesses, and only the fee adjudged by the tariff can be accepted for giving written records of the case to the parties involved. The tariff of fees is to be posted in a public place in the court, both in the Spanish and native language, in order that all may know the amount to be paid. Notaries are to record the amounts accepted as fees, which must not exceed the tariff. This method of trial was ordered for the purpose of saving time, expense, and trouble to the Indians.]9. [Tariffs according to which food can be supplied to travelers are to be posted in all the villages along the line of travel; as well as of all aid furnished in sailing craft, men, and horses. “For which you shall unite with the father minister of the doctrina, and between you two, you shall make said tariff. In it you shall write that in Tondo and all along the coast of Manila, two reals must be paid for one hen, one real for adumalaga,4and one-half real for a chick; in Pangasinan, Ilocos, and Cagayan, one real shall be paid for a hen, one-half real for a dumalaga, and one cuartillo (four to the real) for a chick; in Tayabas, the tariff made and confirmed by this superior governor shall be kept, until otherwise commanded by it; in Pintados, Leyte, Cebú, Camarines, Catanduanes, Calamianes, and the other jurisdictions and provinces, each hen at one-halfreal, and in proportion each dumalaga and chick. The other food and other things necessary for travel, on the basis of such tariff shall conform to the usage of the country.” The fees to be collected by them and their notaries for making the tariff shall not exceed one real, and a copy of the same is to be sent to the governor for his examination and confirmation. Contravention of this order carries a fine of fifty pesos, to be applied in halves to the treasury and the fortifications.]10. [Bridges are to be built and repaired, and rivers kept clean, especially those flowing from Laguna to Manila through Pasig and Taguig. All undergrowth, enclosures, and obstacles to the natural current are to be removed, in order that the waters may be confined to their beds, thus avoiding overflows and damage to crops. This must be done with the least possible trouble to the Indians, and all must share alike in the work.]11. [In villages along the line of travel, the natives must not be made to act as porters (a prolific source of evil), even with light burdens. Each village must purchase immediately horses and cows, so that they may be available for travelers.]12. [Natives must not become vagabonds, but must cultivate their land, both for their own good and that of the community. In some provinces, underbrush has sprung up and food is scarce because of the nomadic habits of the Indians, and their laziness. An edict is to be published to the effect that if all those who own lands do not cultivate and sow them within two years, such lands will be sold to the highest bidder. The official not obeying this law shall be fined fifty pesos, to be applied in halves to the treasury and the fortifications.]13. [The rearing of fowls and swine is obligatory on the inhabitants. Each Indian is to have at least six hens and one cock, and one sow. Each Sangley is to have a dozen hens, one cock, and two sows. This will avoid scarcity and dearness in price. Close inspection is to be made by the alcaldes-mayor and corregidors, under penalty of suspension from their office. For such inspection, no fees are to be charged by any person connected therewith, under penalty of returning said fee, and a sum four times as great for the treasury.]14. [Great harm results from Spaniards, Sangleys, and Indians giving money to other Indians for their trading. No sum must be so given in excess of five pesos, not even under pretext that it is advance pay for rice or other products. If more is given, it shall be lost, and the Indian receiving it cannot be made to pay it. The prices current at the time of the harvest shall be paid to the Indians by all purchasers other than the king, who has a special rate. No purchases can be made by individual persons until those for the royal warehouses have been made, and the tributes paid. Notaries and Indian governors are forbidden to draw up any contract at the fixed rate or at the price paid by the king.]15. [Inasmuch as Indian slavery is forbidden; and since the transfer of those called slaves by custom is also forbidden; as is also that their descendants born after August 18, 1692 (the date of the publication in Manila of the act of the royal Audiencia of Mexico, in accordance with the royal decree of Buen Retiro, May 1, 1686), should be slaves: the officials are to carefully carry this law into effect, and prevent such slavery.]16. [Careful regulations are made concerningthe Chinese. Because of the spiritually demoralizing effect of the Sangleys on the Indians, and the harm resulting from the wasting of the substance of the latter which is given in exchange for things of little value offered them by the wily celestials, great care is to be exercised in regard to both Christian and heathen Sangleys. None of the latter are to have residence among the Indians, and if any such are found in any village, they are to be immediately sent to the Parian in Manila, the penalty in case of non-compliance with this order being two hundred lashes and four years’ service in the Cavite harbor. The married Christian Sangleys who prove detrimental to the Indians are to be sent to the villages of Santa Cruz and Binondo, and the single men to the Parian (these facts to be ascertained from the priests in charge of the various villages), in accordance with the laws of December 12, 1695, and January 16, 1696. Sangley traders may go to their trade in the jurisdictions of Tondo, Bulacan, Pampanga, Laguna de Bay, and the port of Cavite, provided they have the government license therefor, not being allowed to sleep in any village or house of the Indians, but in their own boats. Trade in any village is limited to twelve days. Any Sangley who shall be found sleeping in any village shall be sent to the governor, who may impose at will upon him the penalty of two years’ service in the harbor of Cavite. Christian Sangleys shall not be allowed to reside in any village in excess of the number required for the service of the convents and the village, and unless married to Indian women. Close lists of all such, with the necessary statistics, must be kept, and they must have the government license to remain in such villages. Anyalcalde-mayor or corregidor allowing any Sangley to live in any village or to trade without the government license shall pay a fine of 200 pesos, and must pay besides the amount of the license for the period during which the Sangley has been without it.]Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767[From original MS. map (in colors) inArchivo general de Indias, Sevilla]17. [Commerce is to be free to all Indians of whatever jurisdiction they be, throughout the Philippines; and no license is required, nor can any fee be charged them. This will ensure a good supply of provisions and other necessities, and promote the cultivation of the land. Good treatment must be shown to them, and their passage from one place to another facilitated, under penalty of a fine of 100 pesos, and a charge in the residencia of the one who transcends this order.]18. [Large and small weights and measures are to be uniform in all the islands with those used in Manila, and shall have been sealed and marked in that city. All others shall be collected, and used under no consideration. Those using others shall restore all things sold with them, and a sum four times as great as a fine to the treasury.]19. [This law lessens and defines those exempt from tribute, polos, and personal services. On account of so many reservations from these, the burden has fallen on the weakest of all the natives, namely, the timauas [i.e., freedmen]. Those exempt shall include all sixty years old and above; the cabezas de barangay, and their eldest sons and successors; cantors, sacristans, porters, and cooks [of the church and convents], who have been exempted in accordance with the act of Governor Santiago de Vera; all officers of justice for the time they serve only; the Pampangos who serve as soldiers and in other capacitiesfor the royal pay in Manila, Cavite, and other presidios, for the time they serve, and their wives in case that they are married. The due honors are to be reserved always for all ex-officials of justice, and they shall be given a special bench in the Audiencia, so that they need not stand, but exemption from all dues shall be only for the length of their actual service. All other reservations than those named above are null and void, among them those of men having more than six children, a practice that has been introduced in some parts, and which was ordered suspended, by request of the fiscal, by an order of December 24, 1695. Alcaldes-mayor and corregidors violating this law shall pay the amount of all injuries resulting therefrom, and a sum four times as great, as a fine.]20. [This law concerns the matter of repartimientos among the natives for supplies for the royal magazines, and for the galleons and vessels despatched annually to Nueva España and the Marianas. Many injuries result because the repartimiento is divided among the Indians, and the Spanish and Chinese mestizos without regard to their material conditions, which gives rise to much suffering. Often “those who have nothing to give, are compelled to get the products elsewhere, and at times to buy them at a higher price than that paid them on his Majesty’s account.” The repartimiento is to be made among all who have had a harvest, according to their several ability, and after sufficient has been reserved for the support of their families, the next year’s sowing, and for the tribute. Those who have not been able to harvest, either through the inclemency of the weather, or because they have been unableto sow because of being absent or busied in the royal service, and the poor, shall be exempt from furnishing supplies. A sworn statement given before the priest of the village shall be necessary to secure exemption. Those furnishing supplies shall be paid immediately, the money being given to each seller in person, and not to the cabezas de barangay or the notables. If the royal funds of any district are insufficient to pay for the supplies furnished, the surplus will be sent on from Manila. Under no consideration shall any debt be left standing. The alcalde-mayor who shall violate this shall be deprived of any political office forever, and shall be compelled to pay all such debt from his own property and a sum three times as great, as a fine, and he may become exempt from this penalty under no consideration. No repartimiento shall be made except at express order of the superior government, under penalty of a fine of 1,000 Castilian ducados.]21. [A law of the kingdom prohibits repartimientos of Indiantanores5for the service of the alcaldes-mayor, priests, or any other persons; or that contributions of fish be asked for the support of anyone, for vigils, or for Fridays and Saturdays. This law must be strictly enforced, and must be proclaimed in all the villages so that the Indians may be fully aware of it. If the alcalde-mayor is unable to prevent any person from violating this law, the governor shall be informed and he will take the proper measures. Any neglect in this shall be made a charge in the residencia. The alcalde-mayor who violates the law shall pay the just value of such services or fish, and a fine three times as great, and bedeprived of all political office perpetually. Indians used as rowers by the alcaldes-mayor or priests in their official capacity shall not be paid, but at all other times they shall be paid as follows: between Mariveles and Manila, at the rate of one-half real per day and food; from Mariveles and beyond, at the current rate of the various districts.]22. [Alcaldes-mayor, corregidors, priests, and other officials shall not be supported at any other than their own expense. Provisions shall be purchased at the prices current, and cash must be paid for them. The natives, however, are compelled to sell provisions to such persons for their support, but such purchases are not to exceed the amount needed. Violation of this law means loss of office.]23. [Alcaldes-mayor and corregidors on assuming office shall receive from their predecessors an inventory of all papers in the archives (if there are no notaries in charge of them), and shall pass on the same with all that have accumulated during their term of office to their successors. This shall be a charge in their residencias, and they must present testimony that they have so done. No person is to be condemned to the galleys or to undergo any bodily mutilation, except with the advice of an assessor enrolled in the royal Audiencia. In case there is no assessor in any district, all cases involving such condemnation must be concluded, all except the sentence, and then prisoner and records sent to Manila for sentence in the royal Audiencia.]24. [In prisons, women and men must be kept separate. If the complaint against women is slight, they shall not be confined in prison, but kept in the house of some relative. No prison fees shall be acceptedby any official from the Indians imprisoned, under penalty of repaying them, and a fine four times as large.]25. [No office can be resigned without governmental permission, under penalty of a fine of 100 pesos. Record books shall be delivered to the alcaldes-mayor and corregidors by the government secretary, in which shall be kept an account of the fines, expenses of justice, and fifths of gold. At the conclusion of anyone’s term, this book shall be delivered to the royal accountancy, and the amount of the fines and fifths to the royal treasury.]26. [This law concerns the appointment of inferior officials by alcaldes-mayor and corregidors. No Spanish alguacil is to be appointed without government title. If any serious case demands such an officer, he shall be appointed only for the time necessary and when the immediate duty is concluded he shall be dismissed. Appointments as lieutenants, masters-of-camp, sargentos-mayor, captains, alferezes, sergeants and adjutants of native military companies, governors for the Sangleys and natives, and all other appointments to military and political posts (whether paid or not), shall not be made without government title. Appointments shall be made only when vacancies occur, and when necessary, three names shall be sent to the governor at Manila, who shall make the appointment therefrom. Without the government title, no one shall exercise any official duty, under penalty to that alcalde-mayor or corregidor who shall violate this law, of a fine of 500 pesos, the payment of the fees of media-anata and such title, while the violation shall become a charge in his residencia, and he shall be subject to all other penaltiesimposed for such violation. Notaries are prohibited under like penalties from drawing up such titles or countersigning the same, and shall not allow possession of any post to be taken without government title. All notaries shall be required to make full testimony of the observance of this law, and in districts having no notary, a certification must be made by the priest.]27. [Methods of election for various jurisdictions are prescribed by this law. In the four jurisdictions of Tondo, Laguna de Bay, Bulacan, and Pampanga, considerable trouble has been experienced at the annual election of the district governor, which has resulted in much ill-feeling among the Indians, and lawsuits because of factions among them, as the elections have been participated in by all in common. Henceforth, the elections are to be held on the day assigned, by all the cabezas de barangay of each village (if there are twelve of them; if less than that number, notables of the village are to be appointed to that number), who with the retiring governor and with the intervention of the alcalde-mayor and priest of the village, shall proceed to the election. Having chosen three persons, their names shall be forwarded to the governor at Manila, in a sealed paper bearing the following title: “Election of such and such a village, which is sent to the governor and captain-general of these islands, through his government secretary.” In accordance with the governor’s choice from these three names the title of the new village governor will be expedited. In the jurisdictions of Calilaya, Balayan, Mariveles, and Cavite, elections shall be held as heretofore, and those elected shall go to, or send to,the governor in Manila for confirmation of their office. Elections shall occur between January 1 and February 28, and for each one the alcalde-mayor and the notary shall receive only three pesos. In all other jurisdictions, elections shall be held in the usual manner, and the appointment made by the alcalde-mayor, but no office shall be enjoyed without the government title. These titles shall be sent to each district, in accordance with the order of September 23, 1693, made out by the government secretary, and signed by the governor and countersigned by the secretary; and on them shall be entered the names of the successful candidates. The names of those elected shall be sent for entry in the government books, and all media-anatas shall be paid, as well as title fees and cost of sealed paper. No newly-elected official shall hold office until he has received the government title, and the old official shall hold over until such time. Violation of this law shall incur the penalties of the preceding law, and it shall be made a matter of residencia.]28. [No encomienda shall be granted nor any acts made in regard to them without the express command of the superior government. Any claims to encomiendas must be satisfied through the proper channels. Claims to any encomiendas obtained otherwise are null and void.]29. [No Spaniards may live in any Indian village, except by permission of the governor at Manila, and where such permission is given, they must live decently and quietly. This includes both married and single men, and is to be enforced especially in the province of Pampanga, although all Spaniards married at present to Pampangas may remain.All other men married to Spanish women or to Indian women of Pampanga [in the future], and all single men must leave the province immediately, and may not return without permission. If Spaniards wish in the future to marry Pampangas, they cannot live among the natives, under penalty of a fine of fifty pesos.]30. [A general treasury council held in April, 1696, rules that the Indians shall not be compelled to take the tribute to the capital cities at their own expense. In case they are ordered to take it to any place, they must be paid the proper prices for transportation. If after the stipends of the priests of the villages are met, any residue of the tribute remains from the encomiendas belonging to the royal crown, the alcaldes-mayor shall notify the superior government and the royal officials of the amount in each village, so that it may be ordered taken to the place deemed most advisable. Nothing spent for transportation shall be admitted unless an order has been given for such transportation. Encomenderos and collectors shall observe the same method in order to avoid the injuries suffered by the natives. Violation of this law shall be a matter of residencia, and those violating it shall be condemned to make good all the losses to the Indians in consequence thereof, and four times that amount as a fine.]31. [A government act of March 22, 1657, ordered all the polo funds created in each village to be suppressed, as well as the need of each chief contributing annually one peso and each timaua one toston to them, for the expenses of his Majesty’s service. Alcaldes-mayor and corregidors are ordered not to allow such funds to exist, or any contributions to be made for them, under penalty of suspensionfrom political and military office for four years, service as a soldier, and a fine of 100 pesos.]32. [Great care is to be taken to have the Indians plant cocoanut palms and set out abacá plants: the chiefs, trees to the number of two hundred and plants to the same number; and timauas, each to the number of one hundred. Those dying out are to be renewed, so that the number may always be kept up. This is to be a matter of personal care on the part of the alcaldes-mayor, who are to appoint a representative in each village to register the trees and plants and render account of neglect to observe this law. The palms are useful for the support of the Indians, while from its fruit are obtained oil, wine, and bonote for the furnishing of the galleons and other vessels, and the material for making rigging. For failure to prepare these supplies for the ships, a fine of 1,000 pesos shall be imposed for the purchase of oil and abacá, and the omission shall be made a charge in the residencia. Loss of office shall also be incurred, and for the inferior officials a penalty of two years in the galley without pay.]33. [The Indians, both men and women, and the married Christian Sangleys must be made to destroy the locusts that do so great harm to the crops throughout the islands, especially the young, calledlocton, which are so destructive, and can be killed easily as they have no wings. Each person shall be charged during certain days or weeks to kill so many gantas of this destructive pest, under penalties that shall be imposed for neglect. Neglect by the alcaldes-mayor and corregidors in this law shall mean deposition from office, and a charge in their residencia.]34. [No obstacle shall be placed to the Sangleycraft that have government permission to trade in any province, during the time of said permission. But at the end of the term of their license, they must return to Manila, and the alcaldes-mayor and corregidors may not continue that period. Sangleys found without the government license, or with it, if outside the provinces of Tondo, Bulacan, Pampanga, Laguna de Bay, and the jurisdiction of the port of Cavite, to which the government license extends, shall be arrested and sent with their crafts to Manila, with testimony to that effect, so that they may be punished fittingly. If any license is given or continued unlawfully, a fine of 1,000 Castilian ducados shall be imposed, and perpetual deprivation of office.]35. [A government order of September 13, 1688, in pursuance of a royal order of the ninth of the same month, arranged for “raids into the mountains of the provinces of these islands, for the reduction of the Indians in insurrection and the mountain-dwellers in the provinces of Cagayan, Caraga, Calamianes, the island of Negros, Oton, Camarines, and Leyte; and that in the said provinces of Cagayan, Caraga, Calamianes, and Oton, where Spanish and Pampanga infantry is garrisoned, whenever aid of money and rice is given on the account of his Majesty, the said raids shall be made with that part of the infantry that is deemed advisable, while the remainder shall be left for the usual matters for which it was intended. The alcaldes-mayor of Camarines and Leyte shall give aid from the royal property in their charge, in rice to the amount of one ganta of palay per day for every person taking part in the said raids, for the time of their duration, but he must not forget to send a previous report to this superiorgovernment, with the testimony of the notary of each province and the certification of the father minister of the doctrina of the number of persons to be occupied in said raids, and at the end of said raids he shall send a report of them, and the time they lasted.” Otherwise the alcaldes-mayor will not be credited with the amount of rations they have supplied for such raids. In regard to the island of Negros, the corregidor of that island shall requisition the necessary troops from the alcalde-mayor of Cebú. This order shall be sent to all the provinces and shall be kept in the archives of the courts thereof, so that it may be exactly observed.]36. [Lists of the persons sailing in any royal vessel to points in the islands shall be furnished by the pilot or master; as well as the time for which they are supplied with food. A month’s rations are to be allowed to such persons after supplies are exhausted. If they cannot return to Manila in that time because of some unforeseen event, another month’s ration shall be given them by the alcalde-mayor in whose jurisdiction they may happen to be, and the amount entered in their accounts, so that it may be made good. All repairs to such vessels as have to be made in the provinces, and the cost of the same shall be estimated by experts in the presence of the proper officials and the priest of the village. The alcalde-mayor shall pay the same from the royal funds, and, on the statement of the priest, the expense shall be admitted.]37. Having been informed that the native vassals of his Majesty living in the villages of the provinces of these islands had intercourse and communication with the heathen, apostate, and fugitive Indians who dwell in the mountains and hills, by going to tradewith them and selling them iron for their weapons, wearing apparel, and the other things lacking in said mountains, and necessary to them for the conservation of human life, on account of which their pacification and reduction to our holy Catholic faith and to the obedience of his Majesty is impossible, frustrating, because of the interest of said Christian natives in the gold and wax which they get through said heathens and apostates, the Catholic zeal of his Majesty, who is maintaining these islands at so vast expense to his patrimony, for the sole purpose of the extension of the holy gospel and the conversion of their natives thereto; and considering the only remedy to be the avoidance of such inconvenience: on the seventh of January last of this year, I sent orders generally to all the alcaldes-mayor and corregidors, commanding them to publish an edict in every village of their jurisdiction, forbidding all the natives thereof who are subject and recognize vassalage to his Majesty, to have intercourse, communication, or trade with the heathen, apostate, and fugitive Indians, negroes, and Zambals, who inhabit the mountains and hills, and are not reduced to the royal obedience, under penalty of one hundred lashes and two years’ service in the harbor of Cavite, with only their food. Said alcaldes-mayor and corregidors shall watch, and use great care in avoiding such intercourse, communication, and trade, and shall take all the measures that appear necessary therein. They shall report to this government the results and all that arises therein, in order to see whether it is necessary to enact any other measure. They shall do this inviolably, without any pretense or tolerance, for it is not practicable that said heathens and apostates having been compelled by necessity, will becomereduced to obedience to his Majesty and embrace our holy faith by means of the preaching of the father ministers of instruction. The latter shall for their part aid in a matter so to the service of both Majesties, as I have asked and requested of the reverend fathers provincial of the orders. Said alcaldes-mayor are advised that this prohibition is not to be understood in regard to the heathen Indians who live in the villages and obey and pay tribute to his Majesty; and that those of this kind shall not be prohibited from trading with the Christians, because they are subject to the obedience of the king, our sovereign, and pay him a recognition of vassalage, in the tribute which they give.38. [An order given by Cruzat y Góngora, December 24, 1695, to alcaldes-mayor and corregidors, arranges for the appointment in each village of several notables, whose business it shall be “to seek out Indians who commit offenses against God, our Lord, in order to correct and punish them, and report thereof to the father ministers, so that they may be dissuaded from their errors, and directed along the path of salvation.” Great care is to be exercised in this, and those Indians calledvilitaosandcasonos6are to pay tribute and render personal services. Report must be made as to whether the above classes still exist, and whether they pay anything to any person for exemption from tribute, polos, and personal services, and they shall be punished if of the secular court.7]39. [This law, which was enacted by Cruzat y Góngora, May 14, 1697, and ordered to be included among the government ordinances, commands that the two cooks allowed to priests established in a district having five hundred whole tributes be no longer exempted from tribute, polos, and personal services. The ordinance enacted by Santiago de Vera, by which cantors, sacristans, porters, and cooks, are exempt from the above, shall be revised to read only the first three. This ordinance is made in pursuance with the decision of the royal Audiencia of February 22, 1697, that laws xli, and xlii, título xii, book vi of theRecopilaciónbe obeyed. It was consequently ordered by Cruzat y Góngora’s decree of February 22, 1697, that no village shall against its will furnish any Indiantanoresto the seculars, regulars, or other ecclesiastical persons, or to the alcaldes-mayor. (Seeante, pp. 203, 204, ordinance 19.) Hence, that this order may be executed, the present ordinance follows.]40. [An ordinance enacted by Governor Zabalburu, April 8, 1704, is given because of a communication received by him from Archbishop Camacho, under date of January 26, 1702. The letter asks that law vi, título i, book vi, of theRecopilaciónbe enforced, because of the sins, both against chastity andjustice, arising from natives serving in the houses of their prospective parents-in-law. It happens often, in addition to the sin against chastity that the marriage is not consummated, and the man loses his wages for the service he has rendered. The archbishop has published an edict ordering this practice to cease, but it is wise for both the civil and ecclesiastical power to act in concert in this matter, “for it often happens, on not few occasions, that fear of the royal power is stronger than veneration for the holy laws of the Church.” The governor is asked to add to the penalties of the law, those penalties which he judges advisable. Consequently, he orders that in each native village, no Indian shall receive into his house or service any man who is about to contract marriage with his daughter, during the three festival days of the village, and that he shall not receive any money or products from him because of such matrimonial contract. Timauas violating this ordinance shall receive fifty lashes, be incapacitated from holding any office, and be compelled to restore to the treasury what may have been thus paid. Notables shall lose their rank and become timauas. The due performance of this ordinance shall be a charge in the residencia of alcaldes-mayor and corregidors.]41. [An ordinance enacted by the same governor, April 28, 1704, cites an act of his predecessor, Cruzat y Góngora, April 30, 1697, ordering that when the priests of the villages need Indians for the necessary things of the divine service, the gobernadorcillos are compelled to furnish them, the priests paying such Indians at the rate of one real per week apiece and their food. According to the order of Governor Niño de Tabora, no priest was to have more thanfour Indians, in addition to the cantors, sacristans, and porters. In villages so small that the stipends received by the priests are insufficient to pay for the services of the four Indians, they are not under the necessity of paying them, if their residence there is a necessity, and they reside there at the petition of the Indians, in which case the latter shall pay for the services of the four Indians. Another act of Cruzat y Góngora, of August 31, 1697, rules that the offering to be contributed by the Indians for each of the three religious festivities of the patron of each village, Corpus Christi, and Holy Thursday, be one real for each whole tribute, and one-half real for each single man or woman, this alms being fixed at the request of the procurators-general of the four friar orders and the Society of Jesus. This offering is to be collected in a humane manner, and the gobernadorcillos and cabezas de barangay are not to exact a greater sum under pretense that it is for the church. These two acts Zabalburu orders to be included in the ordinances given to each alcalde-mayor on the assumption of his office. He also orders the observance of an act enacted by himself March 13, 1704, ordering that eightbagontaosbe assigned in each village weekly for the service of divine worship, the church, and the ministry of the sacramental mass; and for the service of the priests when it becomes necessary to leave the village to administer the sacraments. In villages of less than three hundred tributes, there shall be only the eight bagontaos, under penalty of punishment to the gobernadorcillos who shall allow more. This ordinance is to be proclaimed in all the villages by the alcaldes-mayor on the festival days.]42. [In accordance with the request of Archbishop Camacho that curas and missionaries be ordered not to exact larger fees than those allowed by the royal tariffs, and that the alcaldes-mayor enforce this, an order to that effect is issued to the latter. Violations by curas and missionaries are to be reported to the superior government, and alcaldes-mayor are to get careful reports on this head from the native gobernadorcillos and their officials. Any omission in this shall become a charge in the residencia, and the alcalde-mayor shall be obliged to make good the excess fees from his own property, and pay a fine four times as large as the excess. This was ordered to be included in the ordinances, March 8, 1708.]43. [This ordinance has to do with the government monopoly on playing-cards. On December 2, 1707, the governor orders that the department of that monopoly be taken from the control of the royal officials of the treasury and given into the charge of a special judge. Various ordinances enacted by Doctor Don Juan de Gárate y Francia are to be carefully observed. Alcaldes-mayor shall have the direction of this department in their respective jurisdictions, and in accordance therewith this ordinance is to be included among those given to them on assuming office. The special judge may appoint whom he pleases in the department, at salaries approved by the fiscal. Lastly all the packs of cards in the island are to be collected, and those bringing them are to be paid the price for which they are to be bought; and this as well as all other matters shall be done as the special judge deems best.]44. [In consequence of two royal decrees (bothof which are inserted), one dated September 30, 1714, and the other June 15, 1720, which forbid under severe penalties the manufacture and sale of brandy (made from sugarcane) in Perú and Nueva España, because of the many evils arising therefrom, Governor Toribio Joseph Miguel de Cosio y Campo orders the said decrees to be translated into the native languages of the Philippines, and proclaimed by order of the alcaldes-mayor and corregidors in their respective jurisdictions, and the strict enforcement of the same. If an Indian manufacture and sell brandy, for the first offense he shall be arrested, given two hundred lashes, and thrown into the galleys for six years; for the second offense, this shall be doubled; and for the third, tripled, besides exile from the province. The same punishment shall be meted out to the makers of instruments for the manufacture of brandy, if they are Indians. This law is made a part of the ordinances which are to be given to alcaldes-mayor, who are enjoined under severe penalties to break up this nefarious traffic.]45. [The same governor, on May 16, 1724, in view of a report of the alcalde-mayor of Bulacan, of January 5, 1724, the writ of the fiscal, of January 20, and the vote of the royal Audiencia, forbids the alcaldes-mayor and others to exact fees from the natives for appointments, under penalty of a fine of 500 pesos and a sum four times as great as the fee exacted. All other fees are to be regulated according to law xxv, título viii, book v, of theRecopilación, and the government secretary is ordered to send a list of all fees that can be taken to all the provinces, which is to be strictly observed. All exaction of unjust fees by the royal accountancy is to cease. Copiesof this ordinance are to be sent to all the alcaldes-mayor, in order that they may be affixed in the public place so that all may know of it.]46. [On December 10, 1725, the same governor, in view of the report of the Recollect provincial, of September 20, 1723, and the deductions of the fiscal, October 7 and November 6, 1723, and January 14 and November 23, 1724, orders that all bandalas or purchases8of wax, rice, and other products, be distributed among the natives according to the several ability of each one, and with regard to the fact of whether they have been able to reap a harvest, or to care for their crops after planting them (see ordinance 20, which is expressed in almost the same terms). The injuries done to the natives by the bandalas and purchases must cease. Copies of this ordinance are to be sent to all the villages and proclaimed in the native languages, in order that all the natives may be informed of it. It is also to be noted in the books of the royal accountancy, so that all purchases may be made according to the terms expressed therein, and that all exactions may cease.]47. [The governor, after examining the report of Fray Benito de San Pablo, Recollect, formerly of the district of Romblon in the province of Panay, in regard to the exactions of the alcaldes-mayor from the natives, and the remarks of the fiscal, orders the alcaldes-mayor to collect from the Indians tribute only in the products which they possess; and but two gantas of rice, in place of the three which theyhave usually and unlawfully collected. This shall be made a matter in the residencia, and violations will be punished with fines and penalties.]48. [Governor Valdés Tamon under date of July 28, 1730, orders instructions sent to the alcalde-mayor of Laguna de Bay and to all other alcaldes-mayor, commanding them to pay for the services of the natives according to the tariff (see ordinance 21), except in cases of the administration of justice and matters of the common welfare.]49. [An ordinance of the same governor, August 9, 1730, orders the late alcalde-mayor of Ilocos to present himself in Manila within a month after being notified thereof, in order that he may hand in his accounts. He is to do this under penalty of a fine of 1,000 pesos. This ordinance arises from the report of the judge of the residencia that said alcalde-mayor, Captain Bernaldo Roldan, is building a large dwelling house in the capital city of the province, whence will ensue injury to the royal treasury from the detention of his accounts.]50. [In order to remedy the neglect, inexperience, and laziness of alcaldes-mayor, castellans, and other officials of villages, forts, and presidios throughout the Philippines, the governor, Francisco José de Obando y Solis, on August 13, 1751, enacts that all such officials must perform their full duty promptly. Annual reports must be sent to Manila regarding the condition of villages, forts, and presidios, discipline, etc. The original reviews, which are to be made monthly, are also to be sent. All priests are urged to send separate reports concerning the same matters. Thus will the demoralized condition of the Spanish forts and presidios—where thesoldiers are totally undisciplined, and hence unprepared for any sudden call—and the injuries to the royal treasury, be remedied.]51. [The same governor, on October 25, 1751, orders that cabezas de barangay cannot, while serving in that capacity, be proposed or nominated as gobernadorcillos or other officials of justice, for from this practice has arisen considerable harm to the royal treasury, because the collection of the tribute is in charge of the gobernadorcillos and officers of justice, and one man cannot well perform two distinct duties. Ordinance 27, governing the election of gobernadorcillos and officers of justice, must be understood with these limitations and restrictions. Alcaldes-mayor and priests are ordered and urged to watch carefully over this matter in order that all frauds against the royal treasury may cease.]52. [The same governor, in view of the many things that demand immediate remedy, notwithstanding the many government ordinances that have been enacted by his predecessors (because new laws always give rise to new conditions and other abuses), orders governors, corregidors, alcaldes-mayor, and other officers of justice immediately to “issue, and cause to be issued, the most suitable measures, so that in the villages of their districts schools be erected, established, and founded, now and henceforth, where the sons of the natives and other inhabitants of their districts may be educated and taught (in primary letters, in the Castilian or Spanish language). They shall see to it and watch so that the people study, learn, and are taught in this language, and not in that of the country or any other. They shall procure its greatest increase, extension, and knowledge, withoutconsenting to, or permitting any person, of any rank or quality, to violate or disobey this resolution, or schools of any other language to be erected or established, under penalty of five hundred pesos, applied at the discretion of this superior government. But as soon as it is ascertained or learned that any ecclesiastical or secular person is attempting or trying to violate this resolution, his purpose shall be prevented, hindered, and disturbed; and a report of the one disquieting and disturbing, if an ecclesiastic, shall be made, in order that he may be ordered to conclude and not continue [his purpose]; and if a layman, he shall be arrested, and a cause shall be formulated briefly and summarily, his property confiscated, and he shall be sent a prisoner, together with his property, so that the most severe and commensurate penalties may be applied.” Ordinance 29, forbidding Spaniards to live in the villages of the natives, is annulled, in order that this may have better effect; but the alcaldes-mayor and other officials must look after and correct their behavior. Such schools are to be established at the cost of the various villages, being paid out of the communal funds established for schools taught in the native language. These latter shall cease in proportion as Spanish schools are established. Future offices conferred on the natives shall be given to those with the best knowledge of Spanish. This ordinance was issued October 19, 1752, as were also ordinances 53–60, which detail the report to be made to the superior government.]53. [This ordinance commands governors, corregidors, and alcaldes-mayor, now and henceforth, to report to the superior government within a year aftertaking office, concerning the products and manufactures of their provinces.]54. [Also the report shall include “the condition of the province; its fortresses, weapons, and defenses; the number of troops in garrison, and their condition; the amount of artillery mounted; the amounts of war supplies, arms, ammunition, and other utensils;” in whose charge they are, and how they are looked after. Separate reports shall be sent from those in charge of the above. Also the best methods for correcting abuses shall be discussed.]55. [The report shall also give details regarding pay and aid of officers and soldiers, the manner of paying them, their behavior in reviews, how often the latter are held, and by whom.]56. What bodies of militia exist in the villages and hostile frontiers, and whether they are kept in readiness; with what powers and under what rules they have been created; and whether they must be maintained permanently or only on occasion.57. [Whether pay is determined on the total number that ought to be enrolled, or whether the proper discounts are made for death and desertion.]58. [The annual report shall include the census of each village, visita, or mission, the data for which can he secured from the parish priests and missionaries. Also a note must be made of all innovations that occur, and that are worthy of superior notice.]59. What convents, colleges, and houses of shelter, for education and teaching, exist in each village; their size, construction, and building fund; with the number of religious, and those educated or being educated therein, and in the doctrinas and missions which they own.60. [The report shall also contain the location of villages and their accommodations, the inclinations of their inhabitants, and whether any intelligent persons are found in them. A map of the province shall accompany the report for the greater intelligence of the superior government, and its use in dictating laws. This resolution (ordinances 53–60) carries with it a penalty of 500 pesos in case of violation, and others at the governor’s discretion. In the future, officials shall not leave their residences until they have received the approval of the government for the strict fulfilment of their duties.]61. [A royal decree, dated Madrid, April 5, 1765, in view of the controversy that arose [in 1764] between Governor Alfonso Hernandez de Heredia and the Audiencia in regard to the opening of the despatches, orders, and instructions belonging to Joaquin de Aguirre, who died in America before he could take his post as governor of Guatemala, to which he had been appointed; and in order that a fixed rule might be laid down: orders that whenever any appointee dies in any American village before he can assume a post to which he has been appointed, the corregidor, alcalde-mayor, or other justices, collect his papers, despatches, orders, etc., and with the notary make an inventory of them, but without examining them, and send the same sealed to the Audiencia of the district (or the governor of the district, if there is no Audiencia), with the first word of each document, its date, and signature, so that the proper measures may be taken, and the judges of the property of deceased persons shall have no authority to meddle in this. This decree is to be communicated to all the justices of the royal provinces, in orderthat they may so act. Account is taken of this decree in the Manila Audiencia, June 22, 1766. The fiscal, after examining the decree, June 28, 1766, advises that it be observed, and instructions be sent to the judges of the property of deceased persons and to alcaldes-mayor. At a meeting of the Audiencia, July 3, 1766, the advice of the fiscal is acted on fully.]THE SO-CALLED ORDINANCES OF RAONRoyal ordinances formulated by the superior government and royal assembly of these islands, February 26, 1768, for the proper direction of the governors, corregidors, and alcaldes-mayor of their provinces, relief of the natives, and observance of the laws; ordered to be observed and complied with, by royal act of the same date. Ordered to be printed and distributed by his Excellency Don Rafael María de Aguilar, governor-president and captain-general of the islands by the authoritative decree with which they begin.9[Under date of Manila, September 11, 1801, Governor Aguilar orders the printing of one hundred copies of the ordinances formulated February 26, 1768, and the distribution thereof to the alcaldes-mayor, corregidors, and governors of the provinces.10By royal decree of January 17, 1797, anorder was given for the revision, correction, and modification of those ordinances; but it has not been done, and only one copy of them is known to exist, and that is not attested. The ordinances are to be registered in the proper places. Copies are to be sent to the bishops and provincials of the orders, so that they may urge the obedience of the ordinances. Each alcalde-mayor is to pay the cost of the printing of the copy sent him. This decree is to precede the printed ordinances.11][Raón revises the ordinances of Governor Pedro Manuel de Arandía,12in consequence of royal decrees of December 4 and 23, 1760, ordering ordinances for the direction of the alcaldes-mayor. The ordinances follow, mainly in synopsis.]1. [Alcaldes-mayor and other justices are to receive their titles in the usual form, after giving bonds and taking the necessary oath to perform their duties lawfully, to administer justice without self-interest, and impartially, not to take excessive fees or accept bribes, to observe these ordinances and those of theRecopilación, and to promote the welfare of the provinces.]2. [Since the conduct of the superiors furnishes an example to inferiors, alcaldes-mayor and other judicial officers must furnish a good example to the natives, by carefully observing the laws and rites of religion, and by showing the due respect and veneration to all ecclesiastics. Those of evil disposition shall be rigorously punished in accordance with their offenses.]3. [Under no consideration shall the Indians be ill-treated by the judicial officials or anyone else, and the laws of título x, book vi, of theRecopilaciónshall be strictly observed. If the alcaldes-mayor are unable to prevent ill-treatment of the Indians, they shall report the same to the superior government, according to law lxxxiii, título xv, book ii, and law iii, título x, book vi; or to the fiscal of the Audiencia, according to law vi, título xviii, book ii.]4. [The alcaldes, encomenderos, or any other person, shall not collect gold or money, or accept a loan, or present, from the Indians, or collect more than the just amount from them (law xiv, título xxix, book ii, and laws xlviii, xlix, título v, book vi). Personal services must be paid, as well as the food purchased from them, at the prices of the tariff. If the Indians are forced to buy the products that they sell, they shall buy them at suitable prices.]5. [The tribute shall be collected only when due, and to the proper amount, both in kind and in money, according to the instructions given out by the royal accountancy. Especial care shall be taken in the examination of the lists and ages of the Indians (law xxiii, título v, book vi), in order that unlawfulexemptions from the tribute may not occur, thus wronging the royal treasury. Offenses either against Indians or the royal treasury shall incur a fine of four times the amount, besides a special fine of 200 pesos.]6. [Exemptions from polos are more common than from tribute. With good reason some have been conceded to villages which have churches to build or to some private persons for distinguished services especially in times of war.13All such concessions must be examined by the alcaldes-mayor, in order to ascertain whether they are to the prejudice of the rest of the people, and to inform the superior government thereof. No further exemptions must be granted under penalty of a fine four times the amount of the exemption—except to cantors, sacristans, and porters; to governors, lieutenants, and officers of justice, during their term of office; and to cabezas de barangay, their wives, and eldest sons, and all others exempted by the superior government since 1764. All others conceded before that date shall be revoked until confirmed by the government. Exemptions in the provinces of Cavite, Tondo, Laguna, Bulacan, Pampanga, and Bataan, shall be conceded directly by the superior government; in all other provinces through the alcalde-mayor. The Indian claiming exemption from any payment mustpresent himself with his proofs before the alcalde-mayor.]7. [Collection of tribute in kind is often severe upon the Indians, because of epidemics (law xiv, título v, book vi), locusts, failure of crops, and other misfortunes. At such times it is quite proper that the Indians be not molested for what they do not possess (law xxii, título v, book vi). However, since the Indians often sham, when it is to their advantage to sell their crops, the alcalde-mayor shall see to it that neither the Indians nor the royal treasure suffer unjustly. If it is necessary to collect in money what ought to be collected in kind, an additional charge of five per cent must be made, in order to cover the increased cost to the government of the products elsewhere for the storehouses, and in order that the Indians may not avail themselves unjustly of excuses from paying in kind when that is to their advantage (law lxv, título v, book vi; law xvi, título ix, book viii).]8. [This is similar to old ordinance 20 (q.v.,ante, pp. 204, 205). To it is added that the alcaldes shall send to each village an account, authorized by the provincial notary, of the distribution of the purchase or bandala so that this may be presented at the residencia, and compared by the judges with the orders given for that purpose, in order to ascertain whether the two tally, and whether there is any excess.]9. [Whenever it becomes necessary to purchase more productsthanthe amounts regularly fixed, orders to that effect must be issued by the superior government. Extraordinary purchases thus made shall be paid for at the prices current in that particularprovince where they are bought, and not at the regular price established for royal purchases.]10. [By law xliv, título v, book vi of theRecopilación, and by ordinance 30 (q.v.,ante, p. 210) of the old ordinances, it was ordered that the Indians were to pay the tribute in their own villages, while the cost of transportation to the chief cities of the provinces was to be met by the royal treasury. But the above law treats of tributes in general, and hence includes those of private encomiendas, and is contrary to the laws regarding the royal tributes, namely, law x, título ix, book viii, and law lxiii, título v, book vi. These laws declare that tributes shall be paid in the chief cities of the provinces, or if paid elsewhere, cost of transportation shall he paid by the Indians, and not by the royal treasury. This ordinance therefore amends old ordinance 30, which will prevent the frauds committed by the alcaldes under the name of transportation expenses. Besides, this expense, being so moderate, will not be hard on the Indians.]11. [This ordinance was intended for the simplification of the accounts of the alcaldes-mayor, and for the prevention of frauds to the royal treasury. By entering in the accounts the amount of the tribute in both money and kind (it being paid in both), there was a confusion of accounts, many back accounts, and frauds through the loss of vessels or pretended fires, etc. The alcaldes-mayor are ordered to compute all the accounts in money, although the tribute shall be collected as heretofore. No certification that the collections have not been made will be received, as such documents are very suspicious. When alcaldes-mayor take office, they shall sign a contract to send in their accounts, and to store in themagazines the amount of the products necessary for the royal service, the value of which shall be reported in money. The rations that are given to the troops or crews of vessels in the various provinces shall be computed also in money, at the price established in each province. This regulation, in accord with the tenor of ordinances 4 and 5 formulated by Arandia, shall be enforced on the appointment of the new alcaldes-mayor to the various provinces.]12. [The factor of the royal treasury shall make a chart of the products of each province which are needed for the annual provision of the royal magazines, and of the prices in each province, according to the appraisals of the tribute and of the freight that must be paid for transportation, in order to avoid confusion and doubt regarding the same. The freight is charged according to the distances and the risk in transportation. The chart shall also give the amount of the stipend for each province that is paid in kind, computed in money, as well as the prices for the food furnished to the royal vessels, and the rations for the troops. The alcaldes are to take receipts for all that they shall deliver, and place the same in their accounts in money value according to the chart.]13. [Since the products of the royal bandala or purchase are to be brought to the royal magazines, another chart, expressing the prices paid in such purchases, transportation charges between villages, and sea freights to the royal magazines, shall be made for each province, in order to avoid fraud and confusion.]14. The pay of their stipends to the curas and ministers of the missions, as well as the [paymentfor the] other ordinary expenses of each province, shall be made by the alcaldes-mayor, according to the instructions of the royal officials, and the orders of the superior government, and they shall be bound literally by those orders.15. [The payment of the stipends of the curas and missionaries in money and not in kind is advised, in order to avoid all contentions such as are wont to occur between them and the alcaldes-mayor. The former always collect in the method most convenient to themselves, which is often to the prejudice of the royal treasury. Since there is no longer a reason, as at the beginning, for paying the stipends in both money and kind, law xxvi, título xiii, book i, of theRecopilaciónought to be observed, according to which the stipend should be paid in money. The practice of paying the stipends in the villages hitherto practiced, and not compelling the curas and missionaries to have recourse to the royal treasury (according to law xix, of the above título and book), should be continued.]
Ordinances of good government (the original ones) by Governor-general Don Sebastian Hurtado de Corcuera in 1642. Revised by Governor-general Don Fausto Cruzat y Góngora in 1696. Enlarged later.1Don Fausto Cruzat y Góngora, knight of the Order of Santiago, member of his Majesty’s Council, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia and Chancillería resident therein, etc.:Inasmuch as I have recognized that there has been considerable change in regard to the ordinances made by Don Sebastian Hurtado y Corcuera when he was governing these islands in the former year 1642, for the direction and good government of the alcaldes-mayor and corregidors of the provinces of the islands, both in those occasioned by time and becauseof some2… having been seen in the observance of … sections which then … in harmony with reason … some have been abolished and others added at different times; and since on account of the many numbers that are found to have been revised at present, confusion might be caused to the ministers who are to observe them, as has been experienced on some occasions; and desiring to avoid these inconveniences, and that everything may be clearer; and since I believe that it will be greatly to the pleasure of God our Lord, and the service of his Majesty (whom may God preserve), to reduce them to a less number, which the times render necessary, for their good direction according to the present condition of affairs: I order and command you, the said alcaldes-mayor and corregidors who are at present and shall be in the future in the provinces of the district of this government, that during the term of your offices, each one of you in your jurisdiction and district, shall observe the following order, sections, and instruction.1. [On taking office, they must swear before the chief notary of the government to execute the laws according to justice; not to take bribes and excessive fees; and to abide by the laws of the kingdom, and any ordinances, and the present instructions.]2. [Since the officials will serve as an example to the natives under them, they must see that their behavior morally and religiously is above reproach. They are also to watch carefully over the morals of those under them, and especially to see to it that blasphemy is punished.]3. [The Indians must be well treated, and mustbe molested by no person, whatever his rank. The rich must not oppress the poor in any way, “and if anything should arise in this that you cannot remedy in person, you shall advise me very minutely of it so that I may correct it and have it remedied in the most advisable manner. You shall not permit any encomendero or his collectors, or any other person, to borrow or get credit from the Indians in gold, reals, or any other …; nor that the tribute be collected from them before it is … the year when they are to pay it; and the collection, … according to the last appraisal at the ages ordered; nor that, as a ransom or as a recompense for anything, or under cover of anything else, more be collected from the Indians than is due according to the said appraisal, namely, one toston in kind, and the hen at the price declared in the appraisal, and the rest in reals; nor that any collection be made from him who sowed and did not harvest; nor from anyone who was sick or occupied in the service of his Majesty, and was unable to sow, nor from old men of sixty years, who are by reason of that age reserved by this government [from the tribute]. You shall not consent under any consideration to the contrary of all the above; nor that the said encomenderos or their collectors live among the Indians of their encomiendas longer than the duration of the time of the collection, which at the longest must not be more than three months.” Likewise the encomenderos and their collectors are to promptly pay what they owe to the Indians, both for personal services and for provisions and other supplies furnished at thetime of the collection of the tribute, and these shall be paid at the current rates. Great care is to be exercised in the election of newcabezas de barangay, who are to be in the line of succession, and have the necessary qualifications therefor, and are to pay the media-anata before a legal title can be issued to them by the governor. When at death or for any other just reason it becomes necessary to elect other cabezas, “you shall send me the nomination of three chief persons suitable and capable for each barangay, and shall inform me of the reasons and causes for the removal, so that after I have examined them I may choose whom I please.” The non-observance of this method of election will bring its punishment. Each barangay must consist of forty-five to fifty tributes, and no more.3Barangays with less shall be united.]4. [The Indians must not be harassed with injurious taxes and assessments (as is so often the case). If such become necessary, the governor is to be informed thereof, the necessity therefor, and the sum to be assessed. A list of the citizens is also to be sent, “with mention of those who possess property, so that allowance may be given by this government to make the assessment, so that an equal charge may not rest upon those who have money and those who are destitute of it, but that each one contribute according to his several ability.” The imposition of a tax or assessment without the permission of the governor carries with it deprivation of office and satisfaction from the property of the one dismissed of theentire sum contributed, to those assessed, and a fine of 500 pesos for the treasury and fortification expenses.]5. [In the management and disbursements of funds from the communal treasuries, there is much graft among the officials. An order sent to all the provinces the preceding year at the request of the fiscal ordering the alcaldes-mayor and corregidors to oversee and manage the communal treasuries is to be strictly obeyed. All disbursements are to be by express order of the superior government. Disbursements made without such order shall be made good from the property of the one allowing them, or their bondsmen.]6. [Alcaldes-mayor and corregidors are not to accept any presents, even of food, during the term of their office, as their hands will be bound thereby. They must pay a just price for what they purchase. During the term of their office they are not to purchase a ranch or any lands in the territory of their jurisdiction; neither are their secretaries or alguacils-mayor to buy them: for many evils follow therefrom. They are to build no sailing craft under any consideration, “under penalty of loss thereof and two hundred pesos, applied half to fines for the treasury and fortifications, because of the great harm caused to the natives by such constructions. For when you need any vessel, you can charter one.” Likewise they are forbidden to engage in any trade with the natives and citizens of their jurisdiction, either directly or through agents. They are not to take a portion of the fees and salaries of their notaries, interpreters, and other persons, “because of the harm resulting from the judges having such shares. Nor shall youallow your officials to take them; nor shall you make an agreement with anyone in regard to the abovesaid.”]7. You shall visit your jurisdiction once each year, remaining twelve days in each large village of the chiefs, and six days in the small villages, visiting them and trying with justice the natives in whatever they plead, remedying all that you may find necessary and clearing away whatever injuries or injustices may have been committed. [During the visit or rather, during all their term, they are not to hale anyone into court to justify any slavery, but justice is to be meted to those who appear to plead of their own accord. They, their clerks, or other officials, shall not take fees from any fifths of gold paid them in their jurisdictions; neither shall fees be exacted for the visit. They must pay their own expenses during that period and not exact them from the Indians. Contravention of this last means restoration of the amount exacted to the Indians, and four times as much as a fine.]8. [This regulates the manner of trials and the fees for the same. No process is to be made in cases involving sums up to twenty pesos, but such cases are to be briefly despatched, and the notary cannot receive a fee in excess of four reals from each party to the suit, under penalty of returning it, and a sum four times as large as a fine to the Manila court. If one Indian causes the arrest of another Indian, and the one arrested confesses his guilt, sentence is to be passed by virtue of the confession. Otherwise witnesses shall be called, and after their depositions are taken, the case shall be judged. If there is any appeal, the case is to be tried in second instance, andafter examining the witnesses the records are to be sent to the Manila Audiencia. Criminal cases must be tried as soon as possible. Those involving sums not in excess of five pesos shall be tried summarily, and nothing more than a mere record of them shall be made for the archives of the notary. No fees are to be received for depositions of witnesses, and only the fee adjudged by the tariff can be accepted for giving written records of the case to the parties involved. The tariff of fees is to be posted in a public place in the court, both in the Spanish and native language, in order that all may know the amount to be paid. Notaries are to record the amounts accepted as fees, which must not exceed the tariff. This method of trial was ordered for the purpose of saving time, expense, and trouble to the Indians.]9. [Tariffs according to which food can be supplied to travelers are to be posted in all the villages along the line of travel; as well as of all aid furnished in sailing craft, men, and horses. “For which you shall unite with the father minister of the doctrina, and between you two, you shall make said tariff. In it you shall write that in Tondo and all along the coast of Manila, two reals must be paid for one hen, one real for adumalaga,4and one-half real for a chick; in Pangasinan, Ilocos, and Cagayan, one real shall be paid for a hen, one-half real for a dumalaga, and one cuartillo (four to the real) for a chick; in Tayabas, the tariff made and confirmed by this superior governor shall be kept, until otherwise commanded by it; in Pintados, Leyte, Cebú, Camarines, Catanduanes, Calamianes, and the other jurisdictions and provinces, each hen at one-halfreal, and in proportion each dumalaga and chick. The other food and other things necessary for travel, on the basis of such tariff shall conform to the usage of the country.” The fees to be collected by them and their notaries for making the tariff shall not exceed one real, and a copy of the same is to be sent to the governor for his examination and confirmation. Contravention of this order carries a fine of fifty pesos, to be applied in halves to the treasury and the fortifications.]10. [Bridges are to be built and repaired, and rivers kept clean, especially those flowing from Laguna to Manila through Pasig and Taguig. All undergrowth, enclosures, and obstacles to the natural current are to be removed, in order that the waters may be confined to their beds, thus avoiding overflows and damage to crops. This must be done with the least possible trouble to the Indians, and all must share alike in the work.]11. [In villages along the line of travel, the natives must not be made to act as porters (a prolific source of evil), even with light burdens. Each village must purchase immediately horses and cows, so that they may be available for travelers.]12. [Natives must not become vagabonds, but must cultivate their land, both for their own good and that of the community. In some provinces, underbrush has sprung up and food is scarce because of the nomadic habits of the Indians, and their laziness. An edict is to be published to the effect that if all those who own lands do not cultivate and sow them within two years, such lands will be sold to the highest bidder. The official not obeying this law shall be fined fifty pesos, to be applied in halves to the treasury and the fortifications.]13. [The rearing of fowls and swine is obligatory on the inhabitants. Each Indian is to have at least six hens and one cock, and one sow. Each Sangley is to have a dozen hens, one cock, and two sows. This will avoid scarcity and dearness in price. Close inspection is to be made by the alcaldes-mayor and corregidors, under penalty of suspension from their office. For such inspection, no fees are to be charged by any person connected therewith, under penalty of returning said fee, and a sum four times as great for the treasury.]14. [Great harm results from Spaniards, Sangleys, and Indians giving money to other Indians for their trading. No sum must be so given in excess of five pesos, not even under pretext that it is advance pay for rice or other products. If more is given, it shall be lost, and the Indian receiving it cannot be made to pay it. The prices current at the time of the harvest shall be paid to the Indians by all purchasers other than the king, who has a special rate. No purchases can be made by individual persons until those for the royal warehouses have been made, and the tributes paid. Notaries and Indian governors are forbidden to draw up any contract at the fixed rate or at the price paid by the king.]15. [Inasmuch as Indian slavery is forbidden; and since the transfer of those called slaves by custom is also forbidden; as is also that their descendants born after August 18, 1692 (the date of the publication in Manila of the act of the royal Audiencia of Mexico, in accordance with the royal decree of Buen Retiro, May 1, 1686), should be slaves: the officials are to carefully carry this law into effect, and prevent such slavery.]16. [Careful regulations are made concerningthe Chinese. Because of the spiritually demoralizing effect of the Sangleys on the Indians, and the harm resulting from the wasting of the substance of the latter which is given in exchange for things of little value offered them by the wily celestials, great care is to be exercised in regard to both Christian and heathen Sangleys. None of the latter are to have residence among the Indians, and if any such are found in any village, they are to be immediately sent to the Parian in Manila, the penalty in case of non-compliance with this order being two hundred lashes and four years’ service in the Cavite harbor. The married Christian Sangleys who prove detrimental to the Indians are to be sent to the villages of Santa Cruz and Binondo, and the single men to the Parian (these facts to be ascertained from the priests in charge of the various villages), in accordance with the laws of December 12, 1695, and January 16, 1696. Sangley traders may go to their trade in the jurisdictions of Tondo, Bulacan, Pampanga, Laguna de Bay, and the port of Cavite, provided they have the government license therefor, not being allowed to sleep in any village or house of the Indians, but in their own boats. Trade in any village is limited to twelve days. Any Sangley who shall be found sleeping in any village shall be sent to the governor, who may impose at will upon him the penalty of two years’ service in the harbor of Cavite. Christian Sangleys shall not be allowed to reside in any village in excess of the number required for the service of the convents and the village, and unless married to Indian women. Close lists of all such, with the necessary statistics, must be kept, and they must have the government license to remain in such villages. Anyalcalde-mayor or corregidor allowing any Sangley to live in any village or to trade without the government license shall pay a fine of 200 pesos, and must pay besides the amount of the license for the period during which the Sangley has been without it.]Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767[From original MS. map (in colors) inArchivo general de Indias, Sevilla]17. [Commerce is to be free to all Indians of whatever jurisdiction they be, throughout the Philippines; and no license is required, nor can any fee be charged them. This will ensure a good supply of provisions and other necessities, and promote the cultivation of the land. Good treatment must be shown to them, and their passage from one place to another facilitated, under penalty of a fine of 100 pesos, and a charge in the residencia of the one who transcends this order.]18. [Large and small weights and measures are to be uniform in all the islands with those used in Manila, and shall have been sealed and marked in that city. All others shall be collected, and used under no consideration. Those using others shall restore all things sold with them, and a sum four times as great as a fine to the treasury.]19. [This law lessens and defines those exempt from tribute, polos, and personal services. On account of so many reservations from these, the burden has fallen on the weakest of all the natives, namely, the timauas [i.e., freedmen]. Those exempt shall include all sixty years old and above; the cabezas de barangay, and their eldest sons and successors; cantors, sacristans, porters, and cooks [of the church and convents], who have been exempted in accordance with the act of Governor Santiago de Vera; all officers of justice for the time they serve only; the Pampangos who serve as soldiers and in other capacitiesfor the royal pay in Manila, Cavite, and other presidios, for the time they serve, and their wives in case that they are married. The due honors are to be reserved always for all ex-officials of justice, and they shall be given a special bench in the Audiencia, so that they need not stand, but exemption from all dues shall be only for the length of their actual service. All other reservations than those named above are null and void, among them those of men having more than six children, a practice that has been introduced in some parts, and which was ordered suspended, by request of the fiscal, by an order of December 24, 1695. Alcaldes-mayor and corregidors violating this law shall pay the amount of all injuries resulting therefrom, and a sum four times as great, as a fine.]20. [This law concerns the matter of repartimientos among the natives for supplies for the royal magazines, and for the galleons and vessels despatched annually to Nueva España and the Marianas. Many injuries result because the repartimiento is divided among the Indians, and the Spanish and Chinese mestizos without regard to their material conditions, which gives rise to much suffering. Often “those who have nothing to give, are compelled to get the products elsewhere, and at times to buy them at a higher price than that paid them on his Majesty’s account.” The repartimiento is to be made among all who have had a harvest, according to their several ability, and after sufficient has been reserved for the support of their families, the next year’s sowing, and for the tribute. Those who have not been able to harvest, either through the inclemency of the weather, or because they have been unableto sow because of being absent or busied in the royal service, and the poor, shall be exempt from furnishing supplies. A sworn statement given before the priest of the village shall be necessary to secure exemption. Those furnishing supplies shall be paid immediately, the money being given to each seller in person, and not to the cabezas de barangay or the notables. If the royal funds of any district are insufficient to pay for the supplies furnished, the surplus will be sent on from Manila. Under no consideration shall any debt be left standing. The alcalde-mayor who shall violate this shall be deprived of any political office forever, and shall be compelled to pay all such debt from his own property and a sum three times as great, as a fine, and he may become exempt from this penalty under no consideration. No repartimiento shall be made except at express order of the superior government, under penalty of a fine of 1,000 Castilian ducados.]21. [A law of the kingdom prohibits repartimientos of Indiantanores5for the service of the alcaldes-mayor, priests, or any other persons; or that contributions of fish be asked for the support of anyone, for vigils, or for Fridays and Saturdays. This law must be strictly enforced, and must be proclaimed in all the villages so that the Indians may be fully aware of it. If the alcalde-mayor is unable to prevent any person from violating this law, the governor shall be informed and he will take the proper measures. Any neglect in this shall be made a charge in the residencia. The alcalde-mayor who violates the law shall pay the just value of such services or fish, and a fine three times as great, and bedeprived of all political office perpetually. Indians used as rowers by the alcaldes-mayor or priests in their official capacity shall not be paid, but at all other times they shall be paid as follows: between Mariveles and Manila, at the rate of one-half real per day and food; from Mariveles and beyond, at the current rate of the various districts.]22. [Alcaldes-mayor, corregidors, priests, and other officials shall not be supported at any other than their own expense. Provisions shall be purchased at the prices current, and cash must be paid for them. The natives, however, are compelled to sell provisions to such persons for their support, but such purchases are not to exceed the amount needed. Violation of this law means loss of office.]23. [Alcaldes-mayor and corregidors on assuming office shall receive from their predecessors an inventory of all papers in the archives (if there are no notaries in charge of them), and shall pass on the same with all that have accumulated during their term of office to their successors. This shall be a charge in their residencias, and they must present testimony that they have so done. No person is to be condemned to the galleys or to undergo any bodily mutilation, except with the advice of an assessor enrolled in the royal Audiencia. In case there is no assessor in any district, all cases involving such condemnation must be concluded, all except the sentence, and then prisoner and records sent to Manila for sentence in the royal Audiencia.]24. [In prisons, women and men must be kept separate. If the complaint against women is slight, they shall not be confined in prison, but kept in the house of some relative. No prison fees shall be acceptedby any official from the Indians imprisoned, under penalty of repaying them, and a fine four times as large.]25. [No office can be resigned without governmental permission, under penalty of a fine of 100 pesos. Record books shall be delivered to the alcaldes-mayor and corregidors by the government secretary, in which shall be kept an account of the fines, expenses of justice, and fifths of gold. At the conclusion of anyone’s term, this book shall be delivered to the royal accountancy, and the amount of the fines and fifths to the royal treasury.]26. [This law concerns the appointment of inferior officials by alcaldes-mayor and corregidors. No Spanish alguacil is to be appointed without government title. If any serious case demands such an officer, he shall be appointed only for the time necessary and when the immediate duty is concluded he shall be dismissed. Appointments as lieutenants, masters-of-camp, sargentos-mayor, captains, alferezes, sergeants and adjutants of native military companies, governors for the Sangleys and natives, and all other appointments to military and political posts (whether paid or not), shall not be made without government title. Appointments shall be made only when vacancies occur, and when necessary, three names shall be sent to the governor at Manila, who shall make the appointment therefrom. Without the government title, no one shall exercise any official duty, under penalty to that alcalde-mayor or corregidor who shall violate this law, of a fine of 500 pesos, the payment of the fees of media-anata and such title, while the violation shall become a charge in his residencia, and he shall be subject to all other penaltiesimposed for such violation. Notaries are prohibited under like penalties from drawing up such titles or countersigning the same, and shall not allow possession of any post to be taken without government title. All notaries shall be required to make full testimony of the observance of this law, and in districts having no notary, a certification must be made by the priest.]27. [Methods of election for various jurisdictions are prescribed by this law. In the four jurisdictions of Tondo, Laguna de Bay, Bulacan, and Pampanga, considerable trouble has been experienced at the annual election of the district governor, which has resulted in much ill-feeling among the Indians, and lawsuits because of factions among them, as the elections have been participated in by all in common. Henceforth, the elections are to be held on the day assigned, by all the cabezas de barangay of each village (if there are twelve of them; if less than that number, notables of the village are to be appointed to that number), who with the retiring governor and with the intervention of the alcalde-mayor and priest of the village, shall proceed to the election. Having chosen three persons, their names shall be forwarded to the governor at Manila, in a sealed paper bearing the following title: “Election of such and such a village, which is sent to the governor and captain-general of these islands, through his government secretary.” In accordance with the governor’s choice from these three names the title of the new village governor will be expedited. In the jurisdictions of Calilaya, Balayan, Mariveles, and Cavite, elections shall be held as heretofore, and those elected shall go to, or send to,the governor in Manila for confirmation of their office. Elections shall occur between January 1 and February 28, and for each one the alcalde-mayor and the notary shall receive only three pesos. In all other jurisdictions, elections shall be held in the usual manner, and the appointment made by the alcalde-mayor, but no office shall be enjoyed without the government title. These titles shall be sent to each district, in accordance with the order of September 23, 1693, made out by the government secretary, and signed by the governor and countersigned by the secretary; and on them shall be entered the names of the successful candidates. The names of those elected shall be sent for entry in the government books, and all media-anatas shall be paid, as well as title fees and cost of sealed paper. No newly-elected official shall hold office until he has received the government title, and the old official shall hold over until such time. Violation of this law shall incur the penalties of the preceding law, and it shall be made a matter of residencia.]28. [No encomienda shall be granted nor any acts made in regard to them without the express command of the superior government. Any claims to encomiendas must be satisfied through the proper channels. Claims to any encomiendas obtained otherwise are null and void.]29. [No Spaniards may live in any Indian village, except by permission of the governor at Manila, and where such permission is given, they must live decently and quietly. This includes both married and single men, and is to be enforced especially in the province of Pampanga, although all Spaniards married at present to Pampangas may remain.All other men married to Spanish women or to Indian women of Pampanga [in the future], and all single men must leave the province immediately, and may not return without permission. If Spaniards wish in the future to marry Pampangas, they cannot live among the natives, under penalty of a fine of fifty pesos.]30. [A general treasury council held in April, 1696, rules that the Indians shall not be compelled to take the tribute to the capital cities at their own expense. In case they are ordered to take it to any place, they must be paid the proper prices for transportation. If after the stipends of the priests of the villages are met, any residue of the tribute remains from the encomiendas belonging to the royal crown, the alcaldes-mayor shall notify the superior government and the royal officials of the amount in each village, so that it may be ordered taken to the place deemed most advisable. Nothing spent for transportation shall be admitted unless an order has been given for such transportation. Encomenderos and collectors shall observe the same method in order to avoid the injuries suffered by the natives. Violation of this law shall be a matter of residencia, and those violating it shall be condemned to make good all the losses to the Indians in consequence thereof, and four times that amount as a fine.]31. [A government act of March 22, 1657, ordered all the polo funds created in each village to be suppressed, as well as the need of each chief contributing annually one peso and each timaua one toston to them, for the expenses of his Majesty’s service. Alcaldes-mayor and corregidors are ordered not to allow such funds to exist, or any contributions to be made for them, under penalty of suspensionfrom political and military office for four years, service as a soldier, and a fine of 100 pesos.]32. [Great care is to be taken to have the Indians plant cocoanut palms and set out abacá plants: the chiefs, trees to the number of two hundred and plants to the same number; and timauas, each to the number of one hundred. Those dying out are to be renewed, so that the number may always be kept up. This is to be a matter of personal care on the part of the alcaldes-mayor, who are to appoint a representative in each village to register the trees and plants and render account of neglect to observe this law. The palms are useful for the support of the Indians, while from its fruit are obtained oil, wine, and bonote for the furnishing of the galleons and other vessels, and the material for making rigging. For failure to prepare these supplies for the ships, a fine of 1,000 pesos shall be imposed for the purchase of oil and abacá, and the omission shall be made a charge in the residencia. Loss of office shall also be incurred, and for the inferior officials a penalty of two years in the galley without pay.]33. [The Indians, both men and women, and the married Christian Sangleys must be made to destroy the locusts that do so great harm to the crops throughout the islands, especially the young, calledlocton, which are so destructive, and can be killed easily as they have no wings. Each person shall be charged during certain days or weeks to kill so many gantas of this destructive pest, under penalties that shall be imposed for neglect. Neglect by the alcaldes-mayor and corregidors in this law shall mean deposition from office, and a charge in their residencia.]34. [No obstacle shall be placed to the Sangleycraft that have government permission to trade in any province, during the time of said permission. But at the end of the term of their license, they must return to Manila, and the alcaldes-mayor and corregidors may not continue that period. Sangleys found without the government license, or with it, if outside the provinces of Tondo, Bulacan, Pampanga, Laguna de Bay, and the jurisdiction of the port of Cavite, to which the government license extends, shall be arrested and sent with their crafts to Manila, with testimony to that effect, so that they may be punished fittingly. If any license is given or continued unlawfully, a fine of 1,000 Castilian ducados shall be imposed, and perpetual deprivation of office.]35. [A government order of September 13, 1688, in pursuance of a royal order of the ninth of the same month, arranged for “raids into the mountains of the provinces of these islands, for the reduction of the Indians in insurrection and the mountain-dwellers in the provinces of Cagayan, Caraga, Calamianes, the island of Negros, Oton, Camarines, and Leyte; and that in the said provinces of Cagayan, Caraga, Calamianes, and Oton, where Spanish and Pampanga infantry is garrisoned, whenever aid of money and rice is given on the account of his Majesty, the said raids shall be made with that part of the infantry that is deemed advisable, while the remainder shall be left for the usual matters for which it was intended. The alcaldes-mayor of Camarines and Leyte shall give aid from the royal property in their charge, in rice to the amount of one ganta of palay per day for every person taking part in the said raids, for the time of their duration, but he must not forget to send a previous report to this superiorgovernment, with the testimony of the notary of each province and the certification of the father minister of the doctrina of the number of persons to be occupied in said raids, and at the end of said raids he shall send a report of them, and the time they lasted.” Otherwise the alcaldes-mayor will not be credited with the amount of rations they have supplied for such raids. In regard to the island of Negros, the corregidor of that island shall requisition the necessary troops from the alcalde-mayor of Cebú. This order shall be sent to all the provinces and shall be kept in the archives of the courts thereof, so that it may be exactly observed.]36. [Lists of the persons sailing in any royal vessel to points in the islands shall be furnished by the pilot or master; as well as the time for which they are supplied with food. A month’s rations are to be allowed to such persons after supplies are exhausted. If they cannot return to Manila in that time because of some unforeseen event, another month’s ration shall be given them by the alcalde-mayor in whose jurisdiction they may happen to be, and the amount entered in their accounts, so that it may be made good. All repairs to such vessels as have to be made in the provinces, and the cost of the same shall be estimated by experts in the presence of the proper officials and the priest of the village. The alcalde-mayor shall pay the same from the royal funds, and, on the statement of the priest, the expense shall be admitted.]37. Having been informed that the native vassals of his Majesty living in the villages of the provinces of these islands had intercourse and communication with the heathen, apostate, and fugitive Indians who dwell in the mountains and hills, by going to tradewith them and selling them iron for their weapons, wearing apparel, and the other things lacking in said mountains, and necessary to them for the conservation of human life, on account of which their pacification and reduction to our holy Catholic faith and to the obedience of his Majesty is impossible, frustrating, because of the interest of said Christian natives in the gold and wax which they get through said heathens and apostates, the Catholic zeal of his Majesty, who is maintaining these islands at so vast expense to his patrimony, for the sole purpose of the extension of the holy gospel and the conversion of their natives thereto; and considering the only remedy to be the avoidance of such inconvenience: on the seventh of January last of this year, I sent orders generally to all the alcaldes-mayor and corregidors, commanding them to publish an edict in every village of their jurisdiction, forbidding all the natives thereof who are subject and recognize vassalage to his Majesty, to have intercourse, communication, or trade with the heathen, apostate, and fugitive Indians, negroes, and Zambals, who inhabit the mountains and hills, and are not reduced to the royal obedience, under penalty of one hundred lashes and two years’ service in the harbor of Cavite, with only their food. Said alcaldes-mayor and corregidors shall watch, and use great care in avoiding such intercourse, communication, and trade, and shall take all the measures that appear necessary therein. They shall report to this government the results and all that arises therein, in order to see whether it is necessary to enact any other measure. They shall do this inviolably, without any pretense or tolerance, for it is not practicable that said heathens and apostates having been compelled by necessity, will becomereduced to obedience to his Majesty and embrace our holy faith by means of the preaching of the father ministers of instruction. The latter shall for their part aid in a matter so to the service of both Majesties, as I have asked and requested of the reverend fathers provincial of the orders. Said alcaldes-mayor are advised that this prohibition is not to be understood in regard to the heathen Indians who live in the villages and obey and pay tribute to his Majesty; and that those of this kind shall not be prohibited from trading with the Christians, because they are subject to the obedience of the king, our sovereign, and pay him a recognition of vassalage, in the tribute which they give.38. [An order given by Cruzat y Góngora, December 24, 1695, to alcaldes-mayor and corregidors, arranges for the appointment in each village of several notables, whose business it shall be “to seek out Indians who commit offenses against God, our Lord, in order to correct and punish them, and report thereof to the father ministers, so that they may be dissuaded from their errors, and directed along the path of salvation.” Great care is to be exercised in this, and those Indians calledvilitaosandcasonos6are to pay tribute and render personal services. Report must be made as to whether the above classes still exist, and whether they pay anything to any person for exemption from tribute, polos, and personal services, and they shall be punished if of the secular court.7]39. [This law, which was enacted by Cruzat y Góngora, May 14, 1697, and ordered to be included among the government ordinances, commands that the two cooks allowed to priests established in a district having five hundred whole tributes be no longer exempted from tribute, polos, and personal services. The ordinance enacted by Santiago de Vera, by which cantors, sacristans, porters, and cooks, are exempt from the above, shall be revised to read only the first three. This ordinance is made in pursuance with the decision of the royal Audiencia of February 22, 1697, that laws xli, and xlii, título xii, book vi of theRecopilaciónbe obeyed. It was consequently ordered by Cruzat y Góngora’s decree of February 22, 1697, that no village shall against its will furnish any Indiantanoresto the seculars, regulars, or other ecclesiastical persons, or to the alcaldes-mayor. (Seeante, pp. 203, 204, ordinance 19.) Hence, that this order may be executed, the present ordinance follows.]40. [An ordinance enacted by Governor Zabalburu, April 8, 1704, is given because of a communication received by him from Archbishop Camacho, under date of January 26, 1702. The letter asks that law vi, título i, book vi, of theRecopilaciónbe enforced, because of the sins, both against chastity andjustice, arising from natives serving in the houses of their prospective parents-in-law. It happens often, in addition to the sin against chastity that the marriage is not consummated, and the man loses his wages for the service he has rendered. The archbishop has published an edict ordering this practice to cease, but it is wise for both the civil and ecclesiastical power to act in concert in this matter, “for it often happens, on not few occasions, that fear of the royal power is stronger than veneration for the holy laws of the Church.” The governor is asked to add to the penalties of the law, those penalties which he judges advisable. Consequently, he orders that in each native village, no Indian shall receive into his house or service any man who is about to contract marriage with his daughter, during the three festival days of the village, and that he shall not receive any money or products from him because of such matrimonial contract. Timauas violating this ordinance shall receive fifty lashes, be incapacitated from holding any office, and be compelled to restore to the treasury what may have been thus paid. Notables shall lose their rank and become timauas. The due performance of this ordinance shall be a charge in the residencia of alcaldes-mayor and corregidors.]41. [An ordinance enacted by the same governor, April 28, 1704, cites an act of his predecessor, Cruzat y Góngora, April 30, 1697, ordering that when the priests of the villages need Indians for the necessary things of the divine service, the gobernadorcillos are compelled to furnish them, the priests paying such Indians at the rate of one real per week apiece and their food. According to the order of Governor Niño de Tabora, no priest was to have more thanfour Indians, in addition to the cantors, sacristans, and porters. In villages so small that the stipends received by the priests are insufficient to pay for the services of the four Indians, they are not under the necessity of paying them, if their residence there is a necessity, and they reside there at the petition of the Indians, in which case the latter shall pay for the services of the four Indians. Another act of Cruzat y Góngora, of August 31, 1697, rules that the offering to be contributed by the Indians for each of the three religious festivities of the patron of each village, Corpus Christi, and Holy Thursday, be one real for each whole tribute, and one-half real for each single man or woman, this alms being fixed at the request of the procurators-general of the four friar orders and the Society of Jesus. This offering is to be collected in a humane manner, and the gobernadorcillos and cabezas de barangay are not to exact a greater sum under pretense that it is for the church. These two acts Zabalburu orders to be included in the ordinances given to each alcalde-mayor on the assumption of his office. He also orders the observance of an act enacted by himself March 13, 1704, ordering that eightbagontaosbe assigned in each village weekly for the service of divine worship, the church, and the ministry of the sacramental mass; and for the service of the priests when it becomes necessary to leave the village to administer the sacraments. In villages of less than three hundred tributes, there shall be only the eight bagontaos, under penalty of punishment to the gobernadorcillos who shall allow more. This ordinance is to be proclaimed in all the villages by the alcaldes-mayor on the festival days.]42. [In accordance with the request of Archbishop Camacho that curas and missionaries be ordered not to exact larger fees than those allowed by the royal tariffs, and that the alcaldes-mayor enforce this, an order to that effect is issued to the latter. Violations by curas and missionaries are to be reported to the superior government, and alcaldes-mayor are to get careful reports on this head from the native gobernadorcillos and their officials. Any omission in this shall become a charge in the residencia, and the alcalde-mayor shall be obliged to make good the excess fees from his own property, and pay a fine four times as large as the excess. This was ordered to be included in the ordinances, March 8, 1708.]43. [This ordinance has to do with the government monopoly on playing-cards. On December 2, 1707, the governor orders that the department of that monopoly be taken from the control of the royal officials of the treasury and given into the charge of a special judge. Various ordinances enacted by Doctor Don Juan de Gárate y Francia are to be carefully observed. Alcaldes-mayor shall have the direction of this department in their respective jurisdictions, and in accordance therewith this ordinance is to be included among those given to them on assuming office. The special judge may appoint whom he pleases in the department, at salaries approved by the fiscal. Lastly all the packs of cards in the island are to be collected, and those bringing them are to be paid the price for which they are to be bought; and this as well as all other matters shall be done as the special judge deems best.]44. [In consequence of two royal decrees (bothof which are inserted), one dated September 30, 1714, and the other June 15, 1720, which forbid under severe penalties the manufacture and sale of brandy (made from sugarcane) in Perú and Nueva España, because of the many evils arising therefrom, Governor Toribio Joseph Miguel de Cosio y Campo orders the said decrees to be translated into the native languages of the Philippines, and proclaimed by order of the alcaldes-mayor and corregidors in their respective jurisdictions, and the strict enforcement of the same. If an Indian manufacture and sell brandy, for the first offense he shall be arrested, given two hundred lashes, and thrown into the galleys for six years; for the second offense, this shall be doubled; and for the third, tripled, besides exile from the province. The same punishment shall be meted out to the makers of instruments for the manufacture of brandy, if they are Indians. This law is made a part of the ordinances which are to be given to alcaldes-mayor, who are enjoined under severe penalties to break up this nefarious traffic.]45. [The same governor, on May 16, 1724, in view of a report of the alcalde-mayor of Bulacan, of January 5, 1724, the writ of the fiscal, of January 20, and the vote of the royal Audiencia, forbids the alcaldes-mayor and others to exact fees from the natives for appointments, under penalty of a fine of 500 pesos and a sum four times as great as the fee exacted. All other fees are to be regulated according to law xxv, título viii, book v, of theRecopilación, and the government secretary is ordered to send a list of all fees that can be taken to all the provinces, which is to be strictly observed. All exaction of unjust fees by the royal accountancy is to cease. Copiesof this ordinance are to be sent to all the alcaldes-mayor, in order that they may be affixed in the public place so that all may know of it.]46. [On December 10, 1725, the same governor, in view of the report of the Recollect provincial, of September 20, 1723, and the deductions of the fiscal, October 7 and November 6, 1723, and January 14 and November 23, 1724, orders that all bandalas or purchases8of wax, rice, and other products, be distributed among the natives according to the several ability of each one, and with regard to the fact of whether they have been able to reap a harvest, or to care for their crops after planting them (see ordinance 20, which is expressed in almost the same terms). The injuries done to the natives by the bandalas and purchases must cease. Copies of this ordinance are to be sent to all the villages and proclaimed in the native languages, in order that all the natives may be informed of it. It is also to be noted in the books of the royal accountancy, so that all purchases may be made according to the terms expressed therein, and that all exactions may cease.]47. [The governor, after examining the report of Fray Benito de San Pablo, Recollect, formerly of the district of Romblon in the province of Panay, in regard to the exactions of the alcaldes-mayor from the natives, and the remarks of the fiscal, orders the alcaldes-mayor to collect from the Indians tribute only in the products which they possess; and but two gantas of rice, in place of the three which theyhave usually and unlawfully collected. This shall be made a matter in the residencia, and violations will be punished with fines and penalties.]48. [Governor Valdés Tamon under date of July 28, 1730, orders instructions sent to the alcalde-mayor of Laguna de Bay and to all other alcaldes-mayor, commanding them to pay for the services of the natives according to the tariff (see ordinance 21), except in cases of the administration of justice and matters of the common welfare.]49. [An ordinance of the same governor, August 9, 1730, orders the late alcalde-mayor of Ilocos to present himself in Manila within a month after being notified thereof, in order that he may hand in his accounts. He is to do this under penalty of a fine of 1,000 pesos. This ordinance arises from the report of the judge of the residencia that said alcalde-mayor, Captain Bernaldo Roldan, is building a large dwelling house in the capital city of the province, whence will ensue injury to the royal treasury from the detention of his accounts.]50. [In order to remedy the neglect, inexperience, and laziness of alcaldes-mayor, castellans, and other officials of villages, forts, and presidios throughout the Philippines, the governor, Francisco José de Obando y Solis, on August 13, 1751, enacts that all such officials must perform their full duty promptly. Annual reports must be sent to Manila regarding the condition of villages, forts, and presidios, discipline, etc. The original reviews, which are to be made monthly, are also to be sent. All priests are urged to send separate reports concerning the same matters. Thus will the demoralized condition of the Spanish forts and presidios—where thesoldiers are totally undisciplined, and hence unprepared for any sudden call—and the injuries to the royal treasury, be remedied.]51. [The same governor, on October 25, 1751, orders that cabezas de barangay cannot, while serving in that capacity, be proposed or nominated as gobernadorcillos or other officials of justice, for from this practice has arisen considerable harm to the royal treasury, because the collection of the tribute is in charge of the gobernadorcillos and officers of justice, and one man cannot well perform two distinct duties. Ordinance 27, governing the election of gobernadorcillos and officers of justice, must be understood with these limitations and restrictions. Alcaldes-mayor and priests are ordered and urged to watch carefully over this matter in order that all frauds against the royal treasury may cease.]52. [The same governor, in view of the many things that demand immediate remedy, notwithstanding the many government ordinances that have been enacted by his predecessors (because new laws always give rise to new conditions and other abuses), orders governors, corregidors, alcaldes-mayor, and other officers of justice immediately to “issue, and cause to be issued, the most suitable measures, so that in the villages of their districts schools be erected, established, and founded, now and henceforth, where the sons of the natives and other inhabitants of their districts may be educated and taught (in primary letters, in the Castilian or Spanish language). They shall see to it and watch so that the people study, learn, and are taught in this language, and not in that of the country or any other. They shall procure its greatest increase, extension, and knowledge, withoutconsenting to, or permitting any person, of any rank or quality, to violate or disobey this resolution, or schools of any other language to be erected or established, under penalty of five hundred pesos, applied at the discretion of this superior government. But as soon as it is ascertained or learned that any ecclesiastical or secular person is attempting or trying to violate this resolution, his purpose shall be prevented, hindered, and disturbed; and a report of the one disquieting and disturbing, if an ecclesiastic, shall be made, in order that he may be ordered to conclude and not continue [his purpose]; and if a layman, he shall be arrested, and a cause shall be formulated briefly and summarily, his property confiscated, and he shall be sent a prisoner, together with his property, so that the most severe and commensurate penalties may be applied.” Ordinance 29, forbidding Spaniards to live in the villages of the natives, is annulled, in order that this may have better effect; but the alcaldes-mayor and other officials must look after and correct their behavior. Such schools are to be established at the cost of the various villages, being paid out of the communal funds established for schools taught in the native language. These latter shall cease in proportion as Spanish schools are established. Future offices conferred on the natives shall be given to those with the best knowledge of Spanish. This ordinance was issued October 19, 1752, as were also ordinances 53–60, which detail the report to be made to the superior government.]53. [This ordinance commands governors, corregidors, and alcaldes-mayor, now and henceforth, to report to the superior government within a year aftertaking office, concerning the products and manufactures of their provinces.]54. [Also the report shall include “the condition of the province; its fortresses, weapons, and defenses; the number of troops in garrison, and their condition; the amount of artillery mounted; the amounts of war supplies, arms, ammunition, and other utensils;” in whose charge they are, and how they are looked after. Separate reports shall be sent from those in charge of the above. Also the best methods for correcting abuses shall be discussed.]55. [The report shall also give details regarding pay and aid of officers and soldiers, the manner of paying them, their behavior in reviews, how often the latter are held, and by whom.]56. What bodies of militia exist in the villages and hostile frontiers, and whether they are kept in readiness; with what powers and under what rules they have been created; and whether they must be maintained permanently or only on occasion.57. [Whether pay is determined on the total number that ought to be enrolled, or whether the proper discounts are made for death and desertion.]58. [The annual report shall include the census of each village, visita, or mission, the data for which can he secured from the parish priests and missionaries. Also a note must be made of all innovations that occur, and that are worthy of superior notice.]59. What convents, colleges, and houses of shelter, for education and teaching, exist in each village; their size, construction, and building fund; with the number of religious, and those educated or being educated therein, and in the doctrinas and missions which they own.60. [The report shall also contain the location of villages and their accommodations, the inclinations of their inhabitants, and whether any intelligent persons are found in them. A map of the province shall accompany the report for the greater intelligence of the superior government, and its use in dictating laws. This resolution (ordinances 53–60) carries with it a penalty of 500 pesos in case of violation, and others at the governor’s discretion. In the future, officials shall not leave their residences until they have received the approval of the government for the strict fulfilment of their duties.]61. [A royal decree, dated Madrid, April 5, 1765, in view of the controversy that arose [in 1764] between Governor Alfonso Hernandez de Heredia and the Audiencia in regard to the opening of the despatches, orders, and instructions belonging to Joaquin de Aguirre, who died in America before he could take his post as governor of Guatemala, to which he had been appointed; and in order that a fixed rule might be laid down: orders that whenever any appointee dies in any American village before he can assume a post to which he has been appointed, the corregidor, alcalde-mayor, or other justices, collect his papers, despatches, orders, etc., and with the notary make an inventory of them, but without examining them, and send the same sealed to the Audiencia of the district (or the governor of the district, if there is no Audiencia), with the first word of each document, its date, and signature, so that the proper measures may be taken, and the judges of the property of deceased persons shall have no authority to meddle in this. This decree is to be communicated to all the justices of the royal provinces, in orderthat they may so act. Account is taken of this decree in the Manila Audiencia, June 22, 1766. The fiscal, after examining the decree, June 28, 1766, advises that it be observed, and instructions be sent to the judges of the property of deceased persons and to alcaldes-mayor. At a meeting of the Audiencia, July 3, 1766, the advice of the fiscal is acted on fully.]THE SO-CALLED ORDINANCES OF RAONRoyal ordinances formulated by the superior government and royal assembly of these islands, February 26, 1768, for the proper direction of the governors, corregidors, and alcaldes-mayor of their provinces, relief of the natives, and observance of the laws; ordered to be observed and complied with, by royal act of the same date. Ordered to be printed and distributed by his Excellency Don Rafael María de Aguilar, governor-president and captain-general of the islands by the authoritative decree with which they begin.9[Under date of Manila, September 11, 1801, Governor Aguilar orders the printing of one hundred copies of the ordinances formulated February 26, 1768, and the distribution thereof to the alcaldes-mayor, corregidors, and governors of the provinces.10By royal decree of January 17, 1797, anorder was given for the revision, correction, and modification of those ordinances; but it has not been done, and only one copy of them is known to exist, and that is not attested. The ordinances are to be registered in the proper places. Copies are to be sent to the bishops and provincials of the orders, so that they may urge the obedience of the ordinances. Each alcalde-mayor is to pay the cost of the printing of the copy sent him. This decree is to precede the printed ordinances.11][Raón revises the ordinances of Governor Pedro Manuel de Arandía,12in consequence of royal decrees of December 4 and 23, 1760, ordering ordinances for the direction of the alcaldes-mayor. The ordinances follow, mainly in synopsis.]1. [Alcaldes-mayor and other justices are to receive their titles in the usual form, after giving bonds and taking the necessary oath to perform their duties lawfully, to administer justice without self-interest, and impartially, not to take excessive fees or accept bribes, to observe these ordinances and those of theRecopilación, and to promote the welfare of the provinces.]2. [Since the conduct of the superiors furnishes an example to inferiors, alcaldes-mayor and other judicial officers must furnish a good example to the natives, by carefully observing the laws and rites of religion, and by showing the due respect and veneration to all ecclesiastics. Those of evil disposition shall be rigorously punished in accordance with their offenses.]3. [Under no consideration shall the Indians be ill-treated by the judicial officials or anyone else, and the laws of título x, book vi, of theRecopilaciónshall be strictly observed. If the alcaldes-mayor are unable to prevent ill-treatment of the Indians, they shall report the same to the superior government, according to law lxxxiii, título xv, book ii, and law iii, título x, book vi; or to the fiscal of the Audiencia, according to law vi, título xviii, book ii.]4. [The alcaldes, encomenderos, or any other person, shall not collect gold or money, or accept a loan, or present, from the Indians, or collect more than the just amount from them (law xiv, título xxix, book ii, and laws xlviii, xlix, título v, book vi). Personal services must be paid, as well as the food purchased from them, at the prices of the tariff. If the Indians are forced to buy the products that they sell, they shall buy them at suitable prices.]5. [The tribute shall be collected only when due, and to the proper amount, both in kind and in money, according to the instructions given out by the royal accountancy. Especial care shall be taken in the examination of the lists and ages of the Indians (law xxiii, título v, book vi), in order that unlawfulexemptions from the tribute may not occur, thus wronging the royal treasury. Offenses either against Indians or the royal treasury shall incur a fine of four times the amount, besides a special fine of 200 pesos.]6. [Exemptions from polos are more common than from tribute. With good reason some have been conceded to villages which have churches to build or to some private persons for distinguished services especially in times of war.13All such concessions must be examined by the alcaldes-mayor, in order to ascertain whether they are to the prejudice of the rest of the people, and to inform the superior government thereof. No further exemptions must be granted under penalty of a fine four times the amount of the exemption—except to cantors, sacristans, and porters; to governors, lieutenants, and officers of justice, during their term of office; and to cabezas de barangay, their wives, and eldest sons, and all others exempted by the superior government since 1764. All others conceded before that date shall be revoked until confirmed by the government. Exemptions in the provinces of Cavite, Tondo, Laguna, Bulacan, Pampanga, and Bataan, shall be conceded directly by the superior government; in all other provinces through the alcalde-mayor. The Indian claiming exemption from any payment mustpresent himself with his proofs before the alcalde-mayor.]7. [Collection of tribute in kind is often severe upon the Indians, because of epidemics (law xiv, título v, book vi), locusts, failure of crops, and other misfortunes. At such times it is quite proper that the Indians be not molested for what they do not possess (law xxii, título v, book vi). However, since the Indians often sham, when it is to their advantage to sell their crops, the alcalde-mayor shall see to it that neither the Indians nor the royal treasure suffer unjustly. If it is necessary to collect in money what ought to be collected in kind, an additional charge of five per cent must be made, in order to cover the increased cost to the government of the products elsewhere for the storehouses, and in order that the Indians may not avail themselves unjustly of excuses from paying in kind when that is to their advantage (law lxv, título v, book vi; law xvi, título ix, book viii).]8. [This is similar to old ordinance 20 (q.v.,ante, pp. 204, 205). To it is added that the alcaldes shall send to each village an account, authorized by the provincial notary, of the distribution of the purchase or bandala so that this may be presented at the residencia, and compared by the judges with the orders given for that purpose, in order to ascertain whether the two tally, and whether there is any excess.]9. [Whenever it becomes necessary to purchase more productsthanthe amounts regularly fixed, orders to that effect must be issued by the superior government. Extraordinary purchases thus made shall be paid for at the prices current in that particularprovince where they are bought, and not at the regular price established for royal purchases.]10. [By law xliv, título v, book vi of theRecopilación, and by ordinance 30 (q.v.,ante, p. 210) of the old ordinances, it was ordered that the Indians were to pay the tribute in their own villages, while the cost of transportation to the chief cities of the provinces was to be met by the royal treasury. But the above law treats of tributes in general, and hence includes those of private encomiendas, and is contrary to the laws regarding the royal tributes, namely, law x, título ix, book viii, and law lxiii, título v, book vi. These laws declare that tributes shall be paid in the chief cities of the provinces, or if paid elsewhere, cost of transportation shall he paid by the Indians, and not by the royal treasury. This ordinance therefore amends old ordinance 30, which will prevent the frauds committed by the alcaldes under the name of transportation expenses. Besides, this expense, being so moderate, will not be hard on the Indians.]11. [This ordinance was intended for the simplification of the accounts of the alcaldes-mayor, and for the prevention of frauds to the royal treasury. By entering in the accounts the amount of the tribute in both money and kind (it being paid in both), there was a confusion of accounts, many back accounts, and frauds through the loss of vessels or pretended fires, etc. The alcaldes-mayor are ordered to compute all the accounts in money, although the tribute shall be collected as heretofore. No certification that the collections have not been made will be received, as such documents are very suspicious. When alcaldes-mayor take office, they shall sign a contract to send in their accounts, and to store in themagazines the amount of the products necessary for the royal service, the value of which shall be reported in money. The rations that are given to the troops or crews of vessels in the various provinces shall be computed also in money, at the price established in each province. This regulation, in accord with the tenor of ordinances 4 and 5 formulated by Arandia, shall be enforced on the appointment of the new alcaldes-mayor to the various provinces.]12. [The factor of the royal treasury shall make a chart of the products of each province which are needed for the annual provision of the royal magazines, and of the prices in each province, according to the appraisals of the tribute and of the freight that must be paid for transportation, in order to avoid confusion and doubt regarding the same. The freight is charged according to the distances and the risk in transportation. The chart shall also give the amount of the stipend for each province that is paid in kind, computed in money, as well as the prices for the food furnished to the royal vessels, and the rations for the troops. The alcaldes are to take receipts for all that they shall deliver, and place the same in their accounts in money value according to the chart.]13. [Since the products of the royal bandala or purchase are to be brought to the royal magazines, another chart, expressing the prices paid in such purchases, transportation charges between villages, and sea freights to the royal magazines, shall be made for each province, in order to avoid fraud and confusion.]14. The pay of their stipends to the curas and ministers of the missions, as well as the [paymentfor the] other ordinary expenses of each province, shall be made by the alcaldes-mayor, according to the instructions of the royal officials, and the orders of the superior government, and they shall be bound literally by those orders.15. [The payment of the stipends of the curas and missionaries in money and not in kind is advised, in order to avoid all contentions such as are wont to occur between them and the alcaldes-mayor. The former always collect in the method most convenient to themselves, which is often to the prejudice of the royal treasury. Since there is no longer a reason, as at the beginning, for paying the stipends in both money and kind, law xxvi, título xiii, book i, of theRecopilaciónought to be observed, according to which the stipend should be paid in money. The practice of paying the stipends in the villages hitherto practiced, and not compelling the curas and missionaries to have recourse to the royal treasury (according to law xix, of the above título and book), should be continued.]
Ordinances of good government (the original ones) by Governor-general Don Sebastian Hurtado de Corcuera in 1642. Revised by Governor-general Don Fausto Cruzat y Góngora in 1696. Enlarged later.1
Don Fausto Cruzat y Góngora, knight of the Order of Santiago, member of his Majesty’s Council, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia and Chancillería resident therein, etc.:
Inasmuch as I have recognized that there has been considerable change in regard to the ordinances made by Don Sebastian Hurtado y Corcuera when he was governing these islands in the former year 1642, for the direction and good government of the alcaldes-mayor and corregidors of the provinces of the islands, both in those occasioned by time and becauseof some2… having been seen in the observance of … sections which then … in harmony with reason … some have been abolished and others added at different times; and since on account of the many numbers that are found to have been revised at present, confusion might be caused to the ministers who are to observe them, as has been experienced on some occasions; and desiring to avoid these inconveniences, and that everything may be clearer; and since I believe that it will be greatly to the pleasure of God our Lord, and the service of his Majesty (whom may God preserve), to reduce them to a less number, which the times render necessary, for their good direction according to the present condition of affairs: I order and command you, the said alcaldes-mayor and corregidors who are at present and shall be in the future in the provinces of the district of this government, that during the term of your offices, each one of you in your jurisdiction and district, shall observe the following order, sections, and instruction.
1. [On taking office, they must swear before the chief notary of the government to execute the laws according to justice; not to take bribes and excessive fees; and to abide by the laws of the kingdom, and any ordinances, and the present instructions.]
2. [Since the officials will serve as an example to the natives under them, they must see that their behavior morally and religiously is above reproach. They are also to watch carefully over the morals of those under them, and especially to see to it that blasphemy is punished.]
3. [The Indians must be well treated, and mustbe molested by no person, whatever his rank. The rich must not oppress the poor in any way, “and if anything should arise in this that you cannot remedy in person, you shall advise me very minutely of it so that I may correct it and have it remedied in the most advisable manner. You shall not permit any encomendero or his collectors, or any other person, to borrow or get credit from the Indians in gold, reals, or any other …; nor that the tribute be collected from them before it is … the year when they are to pay it; and the collection, … according to the last appraisal at the ages ordered; nor that, as a ransom or as a recompense for anything, or under cover of anything else, more be collected from the Indians than is due according to the said appraisal, namely, one toston in kind, and the hen at the price declared in the appraisal, and the rest in reals; nor that any collection be made from him who sowed and did not harvest; nor from anyone who was sick or occupied in the service of his Majesty, and was unable to sow, nor from old men of sixty years, who are by reason of that age reserved by this government [from the tribute]. You shall not consent under any consideration to the contrary of all the above; nor that the said encomenderos or their collectors live among the Indians of their encomiendas longer than the duration of the time of the collection, which at the longest must not be more than three months.” Likewise the encomenderos and their collectors are to promptly pay what they owe to the Indians, both for personal services and for provisions and other supplies furnished at thetime of the collection of the tribute, and these shall be paid at the current rates. Great care is to be exercised in the election of newcabezas de barangay, who are to be in the line of succession, and have the necessary qualifications therefor, and are to pay the media-anata before a legal title can be issued to them by the governor. When at death or for any other just reason it becomes necessary to elect other cabezas, “you shall send me the nomination of three chief persons suitable and capable for each barangay, and shall inform me of the reasons and causes for the removal, so that after I have examined them I may choose whom I please.” The non-observance of this method of election will bring its punishment. Each barangay must consist of forty-five to fifty tributes, and no more.3Barangays with less shall be united.]
4. [The Indians must not be harassed with injurious taxes and assessments (as is so often the case). If such become necessary, the governor is to be informed thereof, the necessity therefor, and the sum to be assessed. A list of the citizens is also to be sent, “with mention of those who possess property, so that allowance may be given by this government to make the assessment, so that an equal charge may not rest upon those who have money and those who are destitute of it, but that each one contribute according to his several ability.” The imposition of a tax or assessment without the permission of the governor carries with it deprivation of office and satisfaction from the property of the one dismissed of theentire sum contributed, to those assessed, and a fine of 500 pesos for the treasury and fortification expenses.]
5. [In the management and disbursements of funds from the communal treasuries, there is much graft among the officials. An order sent to all the provinces the preceding year at the request of the fiscal ordering the alcaldes-mayor and corregidors to oversee and manage the communal treasuries is to be strictly obeyed. All disbursements are to be by express order of the superior government. Disbursements made without such order shall be made good from the property of the one allowing them, or their bondsmen.]
6. [Alcaldes-mayor and corregidors are not to accept any presents, even of food, during the term of their office, as their hands will be bound thereby. They must pay a just price for what they purchase. During the term of their office they are not to purchase a ranch or any lands in the territory of their jurisdiction; neither are their secretaries or alguacils-mayor to buy them: for many evils follow therefrom. They are to build no sailing craft under any consideration, “under penalty of loss thereof and two hundred pesos, applied half to fines for the treasury and fortifications, because of the great harm caused to the natives by such constructions. For when you need any vessel, you can charter one.” Likewise they are forbidden to engage in any trade with the natives and citizens of their jurisdiction, either directly or through agents. They are not to take a portion of the fees and salaries of their notaries, interpreters, and other persons, “because of the harm resulting from the judges having such shares. Nor shall youallow your officials to take them; nor shall you make an agreement with anyone in regard to the abovesaid.”]
7. You shall visit your jurisdiction once each year, remaining twelve days in each large village of the chiefs, and six days in the small villages, visiting them and trying with justice the natives in whatever they plead, remedying all that you may find necessary and clearing away whatever injuries or injustices may have been committed. [During the visit or rather, during all their term, they are not to hale anyone into court to justify any slavery, but justice is to be meted to those who appear to plead of their own accord. They, their clerks, or other officials, shall not take fees from any fifths of gold paid them in their jurisdictions; neither shall fees be exacted for the visit. They must pay their own expenses during that period and not exact them from the Indians. Contravention of this last means restoration of the amount exacted to the Indians, and four times as much as a fine.]
8. [This regulates the manner of trials and the fees for the same. No process is to be made in cases involving sums up to twenty pesos, but such cases are to be briefly despatched, and the notary cannot receive a fee in excess of four reals from each party to the suit, under penalty of returning it, and a sum four times as large as a fine to the Manila court. If one Indian causes the arrest of another Indian, and the one arrested confesses his guilt, sentence is to be passed by virtue of the confession. Otherwise witnesses shall be called, and after their depositions are taken, the case shall be judged. If there is any appeal, the case is to be tried in second instance, andafter examining the witnesses the records are to be sent to the Manila Audiencia. Criminal cases must be tried as soon as possible. Those involving sums not in excess of five pesos shall be tried summarily, and nothing more than a mere record of them shall be made for the archives of the notary. No fees are to be received for depositions of witnesses, and only the fee adjudged by the tariff can be accepted for giving written records of the case to the parties involved. The tariff of fees is to be posted in a public place in the court, both in the Spanish and native language, in order that all may know the amount to be paid. Notaries are to record the amounts accepted as fees, which must not exceed the tariff. This method of trial was ordered for the purpose of saving time, expense, and trouble to the Indians.]
9. [Tariffs according to which food can be supplied to travelers are to be posted in all the villages along the line of travel; as well as of all aid furnished in sailing craft, men, and horses. “For which you shall unite with the father minister of the doctrina, and between you two, you shall make said tariff. In it you shall write that in Tondo and all along the coast of Manila, two reals must be paid for one hen, one real for adumalaga,4and one-half real for a chick; in Pangasinan, Ilocos, and Cagayan, one real shall be paid for a hen, one-half real for a dumalaga, and one cuartillo (four to the real) for a chick; in Tayabas, the tariff made and confirmed by this superior governor shall be kept, until otherwise commanded by it; in Pintados, Leyte, Cebú, Camarines, Catanduanes, Calamianes, and the other jurisdictions and provinces, each hen at one-halfreal, and in proportion each dumalaga and chick. The other food and other things necessary for travel, on the basis of such tariff shall conform to the usage of the country.” The fees to be collected by them and their notaries for making the tariff shall not exceed one real, and a copy of the same is to be sent to the governor for his examination and confirmation. Contravention of this order carries a fine of fifty pesos, to be applied in halves to the treasury and the fortifications.]
10. [Bridges are to be built and repaired, and rivers kept clean, especially those flowing from Laguna to Manila through Pasig and Taguig. All undergrowth, enclosures, and obstacles to the natural current are to be removed, in order that the waters may be confined to their beds, thus avoiding overflows and damage to crops. This must be done with the least possible trouble to the Indians, and all must share alike in the work.]
11. [In villages along the line of travel, the natives must not be made to act as porters (a prolific source of evil), even with light burdens. Each village must purchase immediately horses and cows, so that they may be available for travelers.]
12. [Natives must not become vagabonds, but must cultivate their land, both for their own good and that of the community. In some provinces, underbrush has sprung up and food is scarce because of the nomadic habits of the Indians, and their laziness. An edict is to be published to the effect that if all those who own lands do not cultivate and sow them within two years, such lands will be sold to the highest bidder. The official not obeying this law shall be fined fifty pesos, to be applied in halves to the treasury and the fortifications.]
13. [The rearing of fowls and swine is obligatory on the inhabitants. Each Indian is to have at least six hens and one cock, and one sow. Each Sangley is to have a dozen hens, one cock, and two sows. This will avoid scarcity and dearness in price. Close inspection is to be made by the alcaldes-mayor and corregidors, under penalty of suspension from their office. For such inspection, no fees are to be charged by any person connected therewith, under penalty of returning said fee, and a sum four times as great for the treasury.]
14. [Great harm results from Spaniards, Sangleys, and Indians giving money to other Indians for their trading. No sum must be so given in excess of five pesos, not even under pretext that it is advance pay for rice or other products. If more is given, it shall be lost, and the Indian receiving it cannot be made to pay it. The prices current at the time of the harvest shall be paid to the Indians by all purchasers other than the king, who has a special rate. No purchases can be made by individual persons until those for the royal warehouses have been made, and the tributes paid. Notaries and Indian governors are forbidden to draw up any contract at the fixed rate or at the price paid by the king.]
15. [Inasmuch as Indian slavery is forbidden; and since the transfer of those called slaves by custom is also forbidden; as is also that their descendants born after August 18, 1692 (the date of the publication in Manila of the act of the royal Audiencia of Mexico, in accordance with the royal decree of Buen Retiro, May 1, 1686), should be slaves: the officials are to carefully carry this law into effect, and prevent such slavery.]
16. [Careful regulations are made concerningthe Chinese. Because of the spiritually demoralizing effect of the Sangleys on the Indians, and the harm resulting from the wasting of the substance of the latter which is given in exchange for things of little value offered them by the wily celestials, great care is to be exercised in regard to both Christian and heathen Sangleys. None of the latter are to have residence among the Indians, and if any such are found in any village, they are to be immediately sent to the Parian in Manila, the penalty in case of non-compliance with this order being two hundred lashes and four years’ service in the Cavite harbor. The married Christian Sangleys who prove detrimental to the Indians are to be sent to the villages of Santa Cruz and Binondo, and the single men to the Parian (these facts to be ascertained from the priests in charge of the various villages), in accordance with the laws of December 12, 1695, and January 16, 1696. Sangley traders may go to their trade in the jurisdictions of Tondo, Bulacan, Pampanga, Laguna de Bay, and the port of Cavite, provided they have the government license therefor, not being allowed to sleep in any village or house of the Indians, but in their own boats. Trade in any village is limited to twelve days. Any Sangley who shall be found sleeping in any village shall be sent to the governor, who may impose at will upon him the penalty of two years’ service in the harbor of Cavite. Christian Sangleys shall not be allowed to reside in any village in excess of the number required for the service of the convents and the village, and unless married to Indian women. Close lists of all such, with the necessary statistics, must be kept, and they must have the government license to remain in such villages. Anyalcalde-mayor or corregidor allowing any Sangley to live in any village or to trade without the government license shall pay a fine of 200 pesos, and must pay besides the amount of the license for the period during which the Sangley has been without it.]
Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767[From original MS. map (in colors) inArchivo general de Indias, Sevilla]
Map of Manila Bay, port of Cavite, and lake of Bay, showing depths of various parts of the bay, drawn by the engineer Feliciano Márquez, September 28, 1767
[From original MS. map (in colors) inArchivo general de Indias, Sevilla]
17. [Commerce is to be free to all Indians of whatever jurisdiction they be, throughout the Philippines; and no license is required, nor can any fee be charged them. This will ensure a good supply of provisions and other necessities, and promote the cultivation of the land. Good treatment must be shown to them, and their passage from one place to another facilitated, under penalty of a fine of 100 pesos, and a charge in the residencia of the one who transcends this order.]
18. [Large and small weights and measures are to be uniform in all the islands with those used in Manila, and shall have been sealed and marked in that city. All others shall be collected, and used under no consideration. Those using others shall restore all things sold with them, and a sum four times as great as a fine to the treasury.]
19. [This law lessens and defines those exempt from tribute, polos, and personal services. On account of so many reservations from these, the burden has fallen on the weakest of all the natives, namely, the timauas [i.e., freedmen]. Those exempt shall include all sixty years old and above; the cabezas de barangay, and their eldest sons and successors; cantors, sacristans, porters, and cooks [of the church and convents], who have been exempted in accordance with the act of Governor Santiago de Vera; all officers of justice for the time they serve only; the Pampangos who serve as soldiers and in other capacitiesfor the royal pay in Manila, Cavite, and other presidios, for the time they serve, and their wives in case that they are married. The due honors are to be reserved always for all ex-officials of justice, and they shall be given a special bench in the Audiencia, so that they need not stand, but exemption from all dues shall be only for the length of their actual service. All other reservations than those named above are null and void, among them those of men having more than six children, a practice that has been introduced in some parts, and which was ordered suspended, by request of the fiscal, by an order of December 24, 1695. Alcaldes-mayor and corregidors violating this law shall pay the amount of all injuries resulting therefrom, and a sum four times as great, as a fine.]
20. [This law concerns the matter of repartimientos among the natives for supplies for the royal magazines, and for the galleons and vessels despatched annually to Nueva España and the Marianas. Many injuries result because the repartimiento is divided among the Indians, and the Spanish and Chinese mestizos without regard to their material conditions, which gives rise to much suffering. Often “those who have nothing to give, are compelled to get the products elsewhere, and at times to buy them at a higher price than that paid them on his Majesty’s account.” The repartimiento is to be made among all who have had a harvest, according to their several ability, and after sufficient has been reserved for the support of their families, the next year’s sowing, and for the tribute. Those who have not been able to harvest, either through the inclemency of the weather, or because they have been unableto sow because of being absent or busied in the royal service, and the poor, shall be exempt from furnishing supplies. A sworn statement given before the priest of the village shall be necessary to secure exemption. Those furnishing supplies shall be paid immediately, the money being given to each seller in person, and not to the cabezas de barangay or the notables. If the royal funds of any district are insufficient to pay for the supplies furnished, the surplus will be sent on from Manila. Under no consideration shall any debt be left standing. The alcalde-mayor who shall violate this shall be deprived of any political office forever, and shall be compelled to pay all such debt from his own property and a sum three times as great, as a fine, and he may become exempt from this penalty under no consideration. No repartimiento shall be made except at express order of the superior government, under penalty of a fine of 1,000 Castilian ducados.]
21. [A law of the kingdom prohibits repartimientos of Indiantanores5for the service of the alcaldes-mayor, priests, or any other persons; or that contributions of fish be asked for the support of anyone, for vigils, or for Fridays and Saturdays. This law must be strictly enforced, and must be proclaimed in all the villages so that the Indians may be fully aware of it. If the alcalde-mayor is unable to prevent any person from violating this law, the governor shall be informed and he will take the proper measures. Any neglect in this shall be made a charge in the residencia. The alcalde-mayor who violates the law shall pay the just value of such services or fish, and a fine three times as great, and bedeprived of all political office perpetually. Indians used as rowers by the alcaldes-mayor or priests in their official capacity shall not be paid, but at all other times they shall be paid as follows: between Mariveles and Manila, at the rate of one-half real per day and food; from Mariveles and beyond, at the current rate of the various districts.]
22. [Alcaldes-mayor, corregidors, priests, and other officials shall not be supported at any other than their own expense. Provisions shall be purchased at the prices current, and cash must be paid for them. The natives, however, are compelled to sell provisions to such persons for their support, but such purchases are not to exceed the amount needed. Violation of this law means loss of office.]
23. [Alcaldes-mayor and corregidors on assuming office shall receive from their predecessors an inventory of all papers in the archives (if there are no notaries in charge of them), and shall pass on the same with all that have accumulated during their term of office to their successors. This shall be a charge in their residencias, and they must present testimony that they have so done. No person is to be condemned to the galleys or to undergo any bodily mutilation, except with the advice of an assessor enrolled in the royal Audiencia. In case there is no assessor in any district, all cases involving such condemnation must be concluded, all except the sentence, and then prisoner and records sent to Manila for sentence in the royal Audiencia.]
24. [In prisons, women and men must be kept separate. If the complaint against women is slight, they shall not be confined in prison, but kept in the house of some relative. No prison fees shall be acceptedby any official from the Indians imprisoned, under penalty of repaying them, and a fine four times as large.]
25. [No office can be resigned without governmental permission, under penalty of a fine of 100 pesos. Record books shall be delivered to the alcaldes-mayor and corregidors by the government secretary, in which shall be kept an account of the fines, expenses of justice, and fifths of gold. At the conclusion of anyone’s term, this book shall be delivered to the royal accountancy, and the amount of the fines and fifths to the royal treasury.]
26. [This law concerns the appointment of inferior officials by alcaldes-mayor and corregidors. No Spanish alguacil is to be appointed without government title. If any serious case demands such an officer, he shall be appointed only for the time necessary and when the immediate duty is concluded he shall be dismissed. Appointments as lieutenants, masters-of-camp, sargentos-mayor, captains, alferezes, sergeants and adjutants of native military companies, governors for the Sangleys and natives, and all other appointments to military and political posts (whether paid or not), shall not be made without government title. Appointments shall be made only when vacancies occur, and when necessary, three names shall be sent to the governor at Manila, who shall make the appointment therefrom. Without the government title, no one shall exercise any official duty, under penalty to that alcalde-mayor or corregidor who shall violate this law, of a fine of 500 pesos, the payment of the fees of media-anata and such title, while the violation shall become a charge in his residencia, and he shall be subject to all other penaltiesimposed for such violation. Notaries are prohibited under like penalties from drawing up such titles or countersigning the same, and shall not allow possession of any post to be taken without government title. All notaries shall be required to make full testimony of the observance of this law, and in districts having no notary, a certification must be made by the priest.]
27. [Methods of election for various jurisdictions are prescribed by this law. In the four jurisdictions of Tondo, Laguna de Bay, Bulacan, and Pampanga, considerable trouble has been experienced at the annual election of the district governor, which has resulted in much ill-feeling among the Indians, and lawsuits because of factions among them, as the elections have been participated in by all in common. Henceforth, the elections are to be held on the day assigned, by all the cabezas de barangay of each village (if there are twelve of them; if less than that number, notables of the village are to be appointed to that number), who with the retiring governor and with the intervention of the alcalde-mayor and priest of the village, shall proceed to the election. Having chosen three persons, their names shall be forwarded to the governor at Manila, in a sealed paper bearing the following title: “Election of such and such a village, which is sent to the governor and captain-general of these islands, through his government secretary.” In accordance with the governor’s choice from these three names the title of the new village governor will be expedited. In the jurisdictions of Calilaya, Balayan, Mariveles, and Cavite, elections shall be held as heretofore, and those elected shall go to, or send to,the governor in Manila for confirmation of their office. Elections shall occur between January 1 and February 28, and for each one the alcalde-mayor and the notary shall receive only three pesos. In all other jurisdictions, elections shall be held in the usual manner, and the appointment made by the alcalde-mayor, but no office shall be enjoyed without the government title. These titles shall be sent to each district, in accordance with the order of September 23, 1693, made out by the government secretary, and signed by the governor and countersigned by the secretary; and on them shall be entered the names of the successful candidates. The names of those elected shall be sent for entry in the government books, and all media-anatas shall be paid, as well as title fees and cost of sealed paper. No newly-elected official shall hold office until he has received the government title, and the old official shall hold over until such time. Violation of this law shall incur the penalties of the preceding law, and it shall be made a matter of residencia.]
28. [No encomienda shall be granted nor any acts made in regard to them without the express command of the superior government. Any claims to encomiendas must be satisfied through the proper channels. Claims to any encomiendas obtained otherwise are null and void.]
29. [No Spaniards may live in any Indian village, except by permission of the governor at Manila, and where such permission is given, they must live decently and quietly. This includes both married and single men, and is to be enforced especially in the province of Pampanga, although all Spaniards married at present to Pampangas may remain.All other men married to Spanish women or to Indian women of Pampanga [in the future], and all single men must leave the province immediately, and may not return without permission. If Spaniards wish in the future to marry Pampangas, they cannot live among the natives, under penalty of a fine of fifty pesos.]
30. [A general treasury council held in April, 1696, rules that the Indians shall not be compelled to take the tribute to the capital cities at their own expense. In case they are ordered to take it to any place, they must be paid the proper prices for transportation. If after the stipends of the priests of the villages are met, any residue of the tribute remains from the encomiendas belonging to the royal crown, the alcaldes-mayor shall notify the superior government and the royal officials of the amount in each village, so that it may be ordered taken to the place deemed most advisable. Nothing spent for transportation shall be admitted unless an order has been given for such transportation. Encomenderos and collectors shall observe the same method in order to avoid the injuries suffered by the natives. Violation of this law shall be a matter of residencia, and those violating it shall be condemned to make good all the losses to the Indians in consequence thereof, and four times that amount as a fine.]
31. [A government act of March 22, 1657, ordered all the polo funds created in each village to be suppressed, as well as the need of each chief contributing annually one peso and each timaua one toston to them, for the expenses of his Majesty’s service. Alcaldes-mayor and corregidors are ordered not to allow such funds to exist, or any contributions to be made for them, under penalty of suspensionfrom political and military office for four years, service as a soldier, and a fine of 100 pesos.]
32. [Great care is to be taken to have the Indians plant cocoanut palms and set out abacá plants: the chiefs, trees to the number of two hundred and plants to the same number; and timauas, each to the number of one hundred. Those dying out are to be renewed, so that the number may always be kept up. This is to be a matter of personal care on the part of the alcaldes-mayor, who are to appoint a representative in each village to register the trees and plants and render account of neglect to observe this law. The palms are useful for the support of the Indians, while from its fruit are obtained oil, wine, and bonote for the furnishing of the galleons and other vessels, and the material for making rigging. For failure to prepare these supplies for the ships, a fine of 1,000 pesos shall be imposed for the purchase of oil and abacá, and the omission shall be made a charge in the residencia. Loss of office shall also be incurred, and for the inferior officials a penalty of two years in the galley without pay.]
33. [The Indians, both men and women, and the married Christian Sangleys must be made to destroy the locusts that do so great harm to the crops throughout the islands, especially the young, calledlocton, which are so destructive, and can be killed easily as they have no wings. Each person shall be charged during certain days or weeks to kill so many gantas of this destructive pest, under penalties that shall be imposed for neglect. Neglect by the alcaldes-mayor and corregidors in this law shall mean deposition from office, and a charge in their residencia.]
34. [No obstacle shall be placed to the Sangleycraft that have government permission to trade in any province, during the time of said permission. But at the end of the term of their license, they must return to Manila, and the alcaldes-mayor and corregidors may not continue that period. Sangleys found without the government license, or with it, if outside the provinces of Tondo, Bulacan, Pampanga, Laguna de Bay, and the jurisdiction of the port of Cavite, to which the government license extends, shall be arrested and sent with their crafts to Manila, with testimony to that effect, so that they may be punished fittingly. If any license is given or continued unlawfully, a fine of 1,000 Castilian ducados shall be imposed, and perpetual deprivation of office.]
35. [A government order of September 13, 1688, in pursuance of a royal order of the ninth of the same month, arranged for “raids into the mountains of the provinces of these islands, for the reduction of the Indians in insurrection and the mountain-dwellers in the provinces of Cagayan, Caraga, Calamianes, the island of Negros, Oton, Camarines, and Leyte; and that in the said provinces of Cagayan, Caraga, Calamianes, and Oton, where Spanish and Pampanga infantry is garrisoned, whenever aid of money and rice is given on the account of his Majesty, the said raids shall be made with that part of the infantry that is deemed advisable, while the remainder shall be left for the usual matters for which it was intended. The alcaldes-mayor of Camarines and Leyte shall give aid from the royal property in their charge, in rice to the amount of one ganta of palay per day for every person taking part in the said raids, for the time of their duration, but he must not forget to send a previous report to this superiorgovernment, with the testimony of the notary of each province and the certification of the father minister of the doctrina of the number of persons to be occupied in said raids, and at the end of said raids he shall send a report of them, and the time they lasted.” Otherwise the alcaldes-mayor will not be credited with the amount of rations they have supplied for such raids. In regard to the island of Negros, the corregidor of that island shall requisition the necessary troops from the alcalde-mayor of Cebú. This order shall be sent to all the provinces and shall be kept in the archives of the courts thereof, so that it may be exactly observed.]
36. [Lists of the persons sailing in any royal vessel to points in the islands shall be furnished by the pilot or master; as well as the time for which they are supplied with food. A month’s rations are to be allowed to such persons after supplies are exhausted. If they cannot return to Manila in that time because of some unforeseen event, another month’s ration shall be given them by the alcalde-mayor in whose jurisdiction they may happen to be, and the amount entered in their accounts, so that it may be made good. All repairs to such vessels as have to be made in the provinces, and the cost of the same shall be estimated by experts in the presence of the proper officials and the priest of the village. The alcalde-mayor shall pay the same from the royal funds, and, on the statement of the priest, the expense shall be admitted.]
37. Having been informed that the native vassals of his Majesty living in the villages of the provinces of these islands had intercourse and communication with the heathen, apostate, and fugitive Indians who dwell in the mountains and hills, by going to tradewith them and selling them iron for their weapons, wearing apparel, and the other things lacking in said mountains, and necessary to them for the conservation of human life, on account of which their pacification and reduction to our holy Catholic faith and to the obedience of his Majesty is impossible, frustrating, because of the interest of said Christian natives in the gold and wax which they get through said heathens and apostates, the Catholic zeal of his Majesty, who is maintaining these islands at so vast expense to his patrimony, for the sole purpose of the extension of the holy gospel and the conversion of their natives thereto; and considering the only remedy to be the avoidance of such inconvenience: on the seventh of January last of this year, I sent orders generally to all the alcaldes-mayor and corregidors, commanding them to publish an edict in every village of their jurisdiction, forbidding all the natives thereof who are subject and recognize vassalage to his Majesty, to have intercourse, communication, or trade with the heathen, apostate, and fugitive Indians, negroes, and Zambals, who inhabit the mountains and hills, and are not reduced to the royal obedience, under penalty of one hundred lashes and two years’ service in the harbor of Cavite, with only their food. Said alcaldes-mayor and corregidors shall watch, and use great care in avoiding such intercourse, communication, and trade, and shall take all the measures that appear necessary therein. They shall report to this government the results and all that arises therein, in order to see whether it is necessary to enact any other measure. They shall do this inviolably, without any pretense or tolerance, for it is not practicable that said heathens and apostates having been compelled by necessity, will becomereduced to obedience to his Majesty and embrace our holy faith by means of the preaching of the father ministers of instruction. The latter shall for their part aid in a matter so to the service of both Majesties, as I have asked and requested of the reverend fathers provincial of the orders. Said alcaldes-mayor are advised that this prohibition is not to be understood in regard to the heathen Indians who live in the villages and obey and pay tribute to his Majesty; and that those of this kind shall not be prohibited from trading with the Christians, because they are subject to the obedience of the king, our sovereign, and pay him a recognition of vassalage, in the tribute which they give.
38. [An order given by Cruzat y Góngora, December 24, 1695, to alcaldes-mayor and corregidors, arranges for the appointment in each village of several notables, whose business it shall be “to seek out Indians who commit offenses against God, our Lord, in order to correct and punish them, and report thereof to the father ministers, so that they may be dissuaded from their errors, and directed along the path of salvation.” Great care is to be exercised in this, and those Indians calledvilitaosandcasonos6are to pay tribute and render personal services. Report must be made as to whether the above classes still exist, and whether they pay anything to any person for exemption from tribute, polos, and personal services, and they shall be punished if of the secular court.7]
39. [This law, which was enacted by Cruzat y Góngora, May 14, 1697, and ordered to be included among the government ordinances, commands that the two cooks allowed to priests established in a district having five hundred whole tributes be no longer exempted from tribute, polos, and personal services. The ordinance enacted by Santiago de Vera, by which cantors, sacristans, porters, and cooks, are exempt from the above, shall be revised to read only the first three. This ordinance is made in pursuance with the decision of the royal Audiencia of February 22, 1697, that laws xli, and xlii, título xii, book vi of theRecopilaciónbe obeyed. It was consequently ordered by Cruzat y Góngora’s decree of February 22, 1697, that no village shall against its will furnish any Indiantanoresto the seculars, regulars, or other ecclesiastical persons, or to the alcaldes-mayor. (Seeante, pp. 203, 204, ordinance 19.) Hence, that this order may be executed, the present ordinance follows.]
40. [An ordinance enacted by Governor Zabalburu, April 8, 1704, is given because of a communication received by him from Archbishop Camacho, under date of January 26, 1702. The letter asks that law vi, título i, book vi, of theRecopilaciónbe enforced, because of the sins, both against chastity andjustice, arising from natives serving in the houses of their prospective parents-in-law. It happens often, in addition to the sin against chastity that the marriage is not consummated, and the man loses his wages for the service he has rendered. The archbishop has published an edict ordering this practice to cease, but it is wise for both the civil and ecclesiastical power to act in concert in this matter, “for it often happens, on not few occasions, that fear of the royal power is stronger than veneration for the holy laws of the Church.” The governor is asked to add to the penalties of the law, those penalties which he judges advisable. Consequently, he orders that in each native village, no Indian shall receive into his house or service any man who is about to contract marriage with his daughter, during the three festival days of the village, and that he shall not receive any money or products from him because of such matrimonial contract. Timauas violating this ordinance shall receive fifty lashes, be incapacitated from holding any office, and be compelled to restore to the treasury what may have been thus paid. Notables shall lose their rank and become timauas. The due performance of this ordinance shall be a charge in the residencia of alcaldes-mayor and corregidors.]
41. [An ordinance enacted by the same governor, April 28, 1704, cites an act of his predecessor, Cruzat y Góngora, April 30, 1697, ordering that when the priests of the villages need Indians for the necessary things of the divine service, the gobernadorcillos are compelled to furnish them, the priests paying such Indians at the rate of one real per week apiece and their food. According to the order of Governor Niño de Tabora, no priest was to have more thanfour Indians, in addition to the cantors, sacristans, and porters. In villages so small that the stipends received by the priests are insufficient to pay for the services of the four Indians, they are not under the necessity of paying them, if their residence there is a necessity, and they reside there at the petition of the Indians, in which case the latter shall pay for the services of the four Indians. Another act of Cruzat y Góngora, of August 31, 1697, rules that the offering to be contributed by the Indians for each of the three religious festivities of the patron of each village, Corpus Christi, and Holy Thursday, be one real for each whole tribute, and one-half real for each single man or woman, this alms being fixed at the request of the procurators-general of the four friar orders and the Society of Jesus. This offering is to be collected in a humane manner, and the gobernadorcillos and cabezas de barangay are not to exact a greater sum under pretense that it is for the church. These two acts Zabalburu orders to be included in the ordinances given to each alcalde-mayor on the assumption of his office. He also orders the observance of an act enacted by himself March 13, 1704, ordering that eightbagontaosbe assigned in each village weekly for the service of divine worship, the church, and the ministry of the sacramental mass; and for the service of the priests when it becomes necessary to leave the village to administer the sacraments. In villages of less than three hundred tributes, there shall be only the eight bagontaos, under penalty of punishment to the gobernadorcillos who shall allow more. This ordinance is to be proclaimed in all the villages by the alcaldes-mayor on the festival days.]
42. [In accordance with the request of Archbishop Camacho that curas and missionaries be ordered not to exact larger fees than those allowed by the royal tariffs, and that the alcaldes-mayor enforce this, an order to that effect is issued to the latter. Violations by curas and missionaries are to be reported to the superior government, and alcaldes-mayor are to get careful reports on this head from the native gobernadorcillos and their officials. Any omission in this shall become a charge in the residencia, and the alcalde-mayor shall be obliged to make good the excess fees from his own property, and pay a fine four times as large as the excess. This was ordered to be included in the ordinances, March 8, 1708.]
43. [This ordinance has to do with the government monopoly on playing-cards. On December 2, 1707, the governor orders that the department of that monopoly be taken from the control of the royal officials of the treasury and given into the charge of a special judge. Various ordinances enacted by Doctor Don Juan de Gárate y Francia are to be carefully observed. Alcaldes-mayor shall have the direction of this department in their respective jurisdictions, and in accordance therewith this ordinance is to be included among those given to them on assuming office. The special judge may appoint whom he pleases in the department, at salaries approved by the fiscal. Lastly all the packs of cards in the island are to be collected, and those bringing them are to be paid the price for which they are to be bought; and this as well as all other matters shall be done as the special judge deems best.]
44. [In consequence of two royal decrees (bothof which are inserted), one dated September 30, 1714, and the other June 15, 1720, which forbid under severe penalties the manufacture and sale of brandy (made from sugarcane) in Perú and Nueva España, because of the many evils arising therefrom, Governor Toribio Joseph Miguel de Cosio y Campo orders the said decrees to be translated into the native languages of the Philippines, and proclaimed by order of the alcaldes-mayor and corregidors in their respective jurisdictions, and the strict enforcement of the same. If an Indian manufacture and sell brandy, for the first offense he shall be arrested, given two hundred lashes, and thrown into the galleys for six years; for the second offense, this shall be doubled; and for the third, tripled, besides exile from the province. The same punishment shall be meted out to the makers of instruments for the manufacture of brandy, if they are Indians. This law is made a part of the ordinances which are to be given to alcaldes-mayor, who are enjoined under severe penalties to break up this nefarious traffic.]
45. [The same governor, on May 16, 1724, in view of a report of the alcalde-mayor of Bulacan, of January 5, 1724, the writ of the fiscal, of January 20, and the vote of the royal Audiencia, forbids the alcaldes-mayor and others to exact fees from the natives for appointments, under penalty of a fine of 500 pesos and a sum four times as great as the fee exacted. All other fees are to be regulated according to law xxv, título viii, book v, of theRecopilación, and the government secretary is ordered to send a list of all fees that can be taken to all the provinces, which is to be strictly observed. All exaction of unjust fees by the royal accountancy is to cease. Copiesof this ordinance are to be sent to all the alcaldes-mayor, in order that they may be affixed in the public place so that all may know of it.]
46. [On December 10, 1725, the same governor, in view of the report of the Recollect provincial, of September 20, 1723, and the deductions of the fiscal, October 7 and November 6, 1723, and January 14 and November 23, 1724, orders that all bandalas or purchases8of wax, rice, and other products, be distributed among the natives according to the several ability of each one, and with regard to the fact of whether they have been able to reap a harvest, or to care for their crops after planting them (see ordinance 20, which is expressed in almost the same terms). The injuries done to the natives by the bandalas and purchases must cease. Copies of this ordinance are to be sent to all the villages and proclaimed in the native languages, in order that all the natives may be informed of it. It is also to be noted in the books of the royal accountancy, so that all purchases may be made according to the terms expressed therein, and that all exactions may cease.]
47. [The governor, after examining the report of Fray Benito de San Pablo, Recollect, formerly of the district of Romblon in the province of Panay, in regard to the exactions of the alcaldes-mayor from the natives, and the remarks of the fiscal, orders the alcaldes-mayor to collect from the Indians tribute only in the products which they possess; and but two gantas of rice, in place of the three which theyhave usually and unlawfully collected. This shall be made a matter in the residencia, and violations will be punished with fines and penalties.]
48. [Governor Valdés Tamon under date of July 28, 1730, orders instructions sent to the alcalde-mayor of Laguna de Bay and to all other alcaldes-mayor, commanding them to pay for the services of the natives according to the tariff (see ordinance 21), except in cases of the administration of justice and matters of the common welfare.]
49. [An ordinance of the same governor, August 9, 1730, orders the late alcalde-mayor of Ilocos to present himself in Manila within a month after being notified thereof, in order that he may hand in his accounts. He is to do this under penalty of a fine of 1,000 pesos. This ordinance arises from the report of the judge of the residencia that said alcalde-mayor, Captain Bernaldo Roldan, is building a large dwelling house in the capital city of the province, whence will ensue injury to the royal treasury from the detention of his accounts.]
50. [In order to remedy the neglect, inexperience, and laziness of alcaldes-mayor, castellans, and other officials of villages, forts, and presidios throughout the Philippines, the governor, Francisco José de Obando y Solis, on August 13, 1751, enacts that all such officials must perform their full duty promptly. Annual reports must be sent to Manila regarding the condition of villages, forts, and presidios, discipline, etc. The original reviews, which are to be made monthly, are also to be sent. All priests are urged to send separate reports concerning the same matters. Thus will the demoralized condition of the Spanish forts and presidios—where thesoldiers are totally undisciplined, and hence unprepared for any sudden call—and the injuries to the royal treasury, be remedied.]
51. [The same governor, on October 25, 1751, orders that cabezas de barangay cannot, while serving in that capacity, be proposed or nominated as gobernadorcillos or other officials of justice, for from this practice has arisen considerable harm to the royal treasury, because the collection of the tribute is in charge of the gobernadorcillos and officers of justice, and one man cannot well perform two distinct duties. Ordinance 27, governing the election of gobernadorcillos and officers of justice, must be understood with these limitations and restrictions. Alcaldes-mayor and priests are ordered and urged to watch carefully over this matter in order that all frauds against the royal treasury may cease.]
52. [The same governor, in view of the many things that demand immediate remedy, notwithstanding the many government ordinances that have been enacted by his predecessors (because new laws always give rise to new conditions and other abuses), orders governors, corregidors, alcaldes-mayor, and other officers of justice immediately to “issue, and cause to be issued, the most suitable measures, so that in the villages of their districts schools be erected, established, and founded, now and henceforth, where the sons of the natives and other inhabitants of their districts may be educated and taught (in primary letters, in the Castilian or Spanish language). They shall see to it and watch so that the people study, learn, and are taught in this language, and not in that of the country or any other. They shall procure its greatest increase, extension, and knowledge, withoutconsenting to, or permitting any person, of any rank or quality, to violate or disobey this resolution, or schools of any other language to be erected or established, under penalty of five hundred pesos, applied at the discretion of this superior government. But as soon as it is ascertained or learned that any ecclesiastical or secular person is attempting or trying to violate this resolution, his purpose shall be prevented, hindered, and disturbed; and a report of the one disquieting and disturbing, if an ecclesiastic, shall be made, in order that he may be ordered to conclude and not continue [his purpose]; and if a layman, he shall be arrested, and a cause shall be formulated briefly and summarily, his property confiscated, and he shall be sent a prisoner, together with his property, so that the most severe and commensurate penalties may be applied.” Ordinance 29, forbidding Spaniards to live in the villages of the natives, is annulled, in order that this may have better effect; but the alcaldes-mayor and other officials must look after and correct their behavior. Such schools are to be established at the cost of the various villages, being paid out of the communal funds established for schools taught in the native language. These latter shall cease in proportion as Spanish schools are established. Future offices conferred on the natives shall be given to those with the best knowledge of Spanish. This ordinance was issued October 19, 1752, as were also ordinances 53–60, which detail the report to be made to the superior government.]
53. [This ordinance commands governors, corregidors, and alcaldes-mayor, now and henceforth, to report to the superior government within a year aftertaking office, concerning the products and manufactures of their provinces.]
54. [Also the report shall include “the condition of the province; its fortresses, weapons, and defenses; the number of troops in garrison, and their condition; the amount of artillery mounted; the amounts of war supplies, arms, ammunition, and other utensils;” in whose charge they are, and how they are looked after. Separate reports shall be sent from those in charge of the above. Also the best methods for correcting abuses shall be discussed.]
55. [The report shall also give details regarding pay and aid of officers and soldiers, the manner of paying them, their behavior in reviews, how often the latter are held, and by whom.]
56. What bodies of militia exist in the villages and hostile frontiers, and whether they are kept in readiness; with what powers and under what rules they have been created; and whether they must be maintained permanently or only on occasion.
57. [Whether pay is determined on the total number that ought to be enrolled, or whether the proper discounts are made for death and desertion.]
58. [The annual report shall include the census of each village, visita, or mission, the data for which can he secured from the parish priests and missionaries. Also a note must be made of all innovations that occur, and that are worthy of superior notice.]
59. What convents, colleges, and houses of shelter, for education and teaching, exist in each village; their size, construction, and building fund; with the number of religious, and those educated or being educated therein, and in the doctrinas and missions which they own.
60. [The report shall also contain the location of villages and their accommodations, the inclinations of their inhabitants, and whether any intelligent persons are found in them. A map of the province shall accompany the report for the greater intelligence of the superior government, and its use in dictating laws. This resolution (ordinances 53–60) carries with it a penalty of 500 pesos in case of violation, and others at the governor’s discretion. In the future, officials shall not leave their residences until they have received the approval of the government for the strict fulfilment of their duties.]
61. [A royal decree, dated Madrid, April 5, 1765, in view of the controversy that arose [in 1764] between Governor Alfonso Hernandez de Heredia and the Audiencia in regard to the opening of the despatches, orders, and instructions belonging to Joaquin de Aguirre, who died in America before he could take his post as governor of Guatemala, to which he had been appointed; and in order that a fixed rule might be laid down: orders that whenever any appointee dies in any American village before he can assume a post to which he has been appointed, the corregidor, alcalde-mayor, or other justices, collect his papers, despatches, orders, etc., and with the notary make an inventory of them, but without examining them, and send the same sealed to the Audiencia of the district (or the governor of the district, if there is no Audiencia), with the first word of each document, its date, and signature, so that the proper measures may be taken, and the judges of the property of deceased persons shall have no authority to meddle in this. This decree is to be communicated to all the justices of the royal provinces, in orderthat they may so act. Account is taken of this decree in the Manila Audiencia, June 22, 1766. The fiscal, after examining the decree, June 28, 1766, advises that it be observed, and instructions be sent to the judges of the property of deceased persons and to alcaldes-mayor. At a meeting of the Audiencia, July 3, 1766, the advice of the fiscal is acted on fully.]
THE SO-CALLED ORDINANCES OF RAON
Royal ordinances formulated by the superior government and royal assembly of these islands, February 26, 1768, for the proper direction of the governors, corregidors, and alcaldes-mayor of their provinces, relief of the natives, and observance of the laws; ordered to be observed and complied with, by royal act of the same date. Ordered to be printed and distributed by his Excellency Don Rafael María de Aguilar, governor-president and captain-general of the islands by the authoritative decree with which they begin.9
[Under date of Manila, September 11, 1801, Governor Aguilar orders the printing of one hundred copies of the ordinances formulated February 26, 1768, and the distribution thereof to the alcaldes-mayor, corregidors, and governors of the provinces.10By royal decree of January 17, 1797, anorder was given for the revision, correction, and modification of those ordinances; but it has not been done, and only one copy of them is known to exist, and that is not attested. The ordinances are to be registered in the proper places. Copies are to be sent to the bishops and provincials of the orders, so that they may urge the obedience of the ordinances. Each alcalde-mayor is to pay the cost of the printing of the copy sent him. This decree is to precede the printed ordinances.11]
[Raón revises the ordinances of Governor Pedro Manuel de Arandía,12in consequence of royal decrees of December 4 and 23, 1760, ordering ordinances for the direction of the alcaldes-mayor. The ordinances follow, mainly in synopsis.]
1. [Alcaldes-mayor and other justices are to receive their titles in the usual form, after giving bonds and taking the necessary oath to perform their duties lawfully, to administer justice without self-interest, and impartially, not to take excessive fees or accept bribes, to observe these ordinances and those of theRecopilación, and to promote the welfare of the provinces.]
2. [Since the conduct of the superiors furnishes an example to inferiors, alcaldes-mayor and other judicial officers must furnish a good example to the natives, by carefully observing the laws and rites of religion, and by showing the due respect and veneration to all ecclesiastics. Those of evil disposition shall be rigorously punished in accordance with their offenses.]
3. [Under no consideration shall the Indians be ill-treated by the judicial officials or anyone else, and the laws of título x, book vi, of theRecopilaciónshall be strictly observed. If the alcaldes-mayor are unable to prevent ill-treatment of the Indians, they shall report the same to the superior government, according to law lxxxiii, título xv, book ii, and law iii, título x, book vi; or to the fiscal of the Audiencia, according to law vi, título xviii, book ii.]
4. [The alcaldes, encomenderos, or any other person, shall not collect gold or money, or accept a loan, or present, from the Indians, or collect more than the just amount from them (law xiv, título xxix, book ii, and laws xlviii, xlix, título v, book vi). Personal services must be paid, as well as the food purchased from them, at the prices of the tariff. If the Indians are forced to buy the products that they sell, they shall buy them at suitable prices.]
5. [The tribute shall be collected only when due, and to the proper amount, both in kind and in money, according to the instructions given out by the royal accountancy. Especial care shall be taken in the examination of the lists and ages of the Indians (law xxiii, título v, book vi), in order that unlawfulexemptions from the tribute may not occur, thus wronging the royal treasury. Offenses either against Indians or the royal treasury shall incur a fine of four times the amount, besides a special fine of 200 pesos.]
6. [Exemptions from polos are more common than from tribute. With good reason some have been conceded to villages which have churches to build or to some private persons for distinguished services especially in times of war.13All such concessions must be examined by the alcaldes-mayor, in order to ascertain whether they are to the prejudice of the rest of the people, and to inform the superior government thereof. No further exemptions must be granted under penalty of a fine four times the amount of the exemption—except to cantors, sacristans, and porters; to governors, lieutenants, and officers of justice, during their term of office; and to cabezas de barangay, their wives, and eldest sons, and all others exempted by the superior government since 1764. All others conceded before that date shall be revoked until confirmed by the government. Exemptions in the provinces of Cavite, Tondo, Laguna, Bulacan, Pampanga, and Bataan, shall be conceded directly by the superior government; in all other provinces through the alcalde-mayor. The Indian claiming exemption from any payment mustpresent himself with his proofs before the alcalde-mayor.]
7. [Collection of tribute in kind is often severe upon the Indians, because of epidemics (law xiv, título v, book vi), locusts, failure of crops, and other misfortunes. At such times it is quite proper that the Indians be not molested for what they do not possess (law xxii, título v, book vi). However, since the Indians often sham, when it is to their advantage to sell their crops, the alcalde-mayor shall see to it that neither the Indians nor the royal treasure suffer unjustly. If it is necessary to collect in money what ought to be collected in kind, an additional charge of five per cent must be made, in order to cover the increased cost to the government of the products elsewhere for the storehouses, and in order that the Indians may not avail themselves unjustly of excuses from paying in kind when that is to their advantage (law lxv, título v, book vi; law xvi, título ix, book viii).]
8. [This is similar to old ordinance 20 (q.v.,ante, pp. 204, 205). To it is added that the alcaldes shall send to each village an account, authorized by the provincial notary, of the distribution of the purchase or bandala so that this may be presented at the residencia, and compared by the judges with the orders given for that purpose, in order to ascertain whether the two tally, and whether there is any excess.]
9. [Whenever it becomes necessary to purchase more productsthanthe amounts regularly fixed, orders to that effect must be issued by the superior government. Extraordinary purchases thus made shall be paid for at the prices current in that particularprovince where they are bought, and not at the regular price established for royal purchases.]
10. [By law xliv, título v, book vi of theRecopilación, and by ordinance 30 (q.v.,ante, p. 210) of the old ordinances, it was ordered that the Indians were to pay the tribute in their own villages, while the cost of transportation to the chief cities of the provinces was to be met by the royal treasury. But the above law treats of tributes in general, and hence includes those of private encomiendas, and is contrary to the laws regarding the royal tributes, namely, law x, título ix, book viii, and law lxiii, título v, book vi. These laws declare that tributes shall be paid in the chief cities of the provinces, or if paid elsewhere, cost of transportation shall he paid by the Indians, and not by the royal treasury. This ordinance therefore amends old ordinance 30, which will prevent the frauds committed by the alcaldes under the name of transportation expenses. Besides, this expense, being so moderate, will not be hard on the Indians.]
11. [This ordinance was intended for the simplification of the accounts of the alcaldes-mayor, and for the prevention of frauds to the royal treasury. By entering in the accounts the amount of the tribute in both money and kind (it being paid in both), there was a confusion of accounts, many back accounts, and frauds through the loss of vessels or pretended fires, etc. The alcaldes-mayor are ordered to compute all the accounts in money, although the tribute shall be collected as heretofore. No certification that the collections have not been made will be received, as such documents are very suspicious. When alcaldes-mayor take office, they shall sign a contract to send in their accounts, and to store in themagazines the amount of the products necessary for the royal service, the value of which shall be reported in money. The rations that are given to the troops or crews of vessels in the various provinces shall be computed also in money, at the price established in each province. This regulation, in accord with the tenor of ordinances 4 and 5 formulated by Arandia, shall be enforced on the appointment of the new alcaldes-mayor to the various provinces.]
12. [The factor of the royal treasury shall make a chart of the products of each province which are needed for the annual provision of the royal magazines, and of the prices in each province, according to the appraisals of the tribute and of the freight that must be paid for transportation, in order to avoid confusion and doubt regarding the same. The freight is charged according to the distances and the risk in transportation. The chart shall also give the amount of the stipend for each province that is paid in kind, computed in money, as well as the prices for the food furnished to the royal vessels, and the rations for the troops. The alcaldes are to take receipts for all that they shall deliver, and place the same in their accounts in money value according to the chart.]
13. [Since the products of the royal bandala or purchase are to be brought to the royal magazines, another chart, expressing the prices paid in such purchases, transportation charges between villages, and sea freights to the royal magazines, shall be made for each province, in order to avoid fraud and confusion.]
14. The pay of their stipends to the curas and ministers of the missions, as well as the [paymentfor the] other ordinary expenses of each province, shall be made by the alcaldes-mayor, according to the instructions of the royal officials, and the orders of the superior government, and they shall be bound literally by those orders.
15. [The payment of the stipends of the curas and missionaries in money and not in kind is advised, in order to avoid all contentions such as are wont to occur between them and the alcaldes-mayor. The former always collect in the method most convenient to themselves, which is often to the prejudice of the royal treasury. Since there is no longer a reason, as at the beginning, for paying the stipends in both money and kind, law xxvi, título xiii, book i, of theRecopilaciónought to be observed, according to which the stipend should be paid in money. The practice of paying the stipends in the villages hitherto practiced, and not compelling the curas and missionaries to have recourse to the royal treasury (according to law xix, of the above título and book), should be continued.]