16. [The alcaldes-mayor shall send annual reports to the superior government whether the sacrament has been administered in their houses to sick Indians, whether this has been neglected by any curas and missionaries, or whether the latter have caused the sick to go to the churches to receive it. If they have been thus remiss, the stipends shall not be given them, and if paid them by the alcaldes-mayor shall not be credited to them (which is in accordance with law xxvi, título xiii, book i, of theRecopilación, and the royal decree of June 11, 1704, which is, however, not to be observed in general).]17. [The Indians are to have the administration,teaching, and instruction necessary, but are not to be molested and vexed unjustly by the curas and missionaries (seeRecopilación, título xiii, book i). They must not be assessed anything, or such assessment shall be discounted from the stipends of the curas and missionaries.]18. [In view of the poverty of the royal treasury, and the opulence of the curas and missionaries, who receive excessive stipends—since, although a village may have but one parish priest, he may collect two, three, four, or more stipends, according to the number of tributes—it is ordered that but one stipend be paid in each village, notwithstanding its size (in the same manner as if it had only five hundred tributes): The money saved thereby shall be paid out to the benefit of the public cause.]19. [Law i, título iv, book vi, of theRecopilación, recommends that the communal fund of the native villages be an object of especial attention, and that one real from each whole tribute be paid into it. The collection for this is to be made by the alcaldes-mayor under bond, and they must report and send amounts to the royal treasury, distinctly stating the amount belonging to each village. The royal officials are to enter this account under separate headings, as provided by laws ix and xi of the above título; and this fund must be reserved for the purposes expressly stated by the superior government.]20. [When the amount of the communal funds has reached a sufficient figure, one of the auditors especially appointed by the superior government shall with the fiscal and royal officials purchase annuities or invest the money in sea or land enterprises. The gain therefrom shall be applied to the maintenanceof seminaries for Indians of both sexes, “which ought to be established in each province for the education and secular and Christian instruction of their natives, as the only means by which they can be instructed perfectly in the mysteries of our holy faith, and so that they may be good Christians and better vassals.” This is according to laws xvii-xix, título iii, book i, of theRecopilación.]21. [Neither the alcaldes-mayor nor any other person may, without special government permission, spend anything from the communal funds, outside of the common obligations of each village—namely, expenses for cantors, sacristans, and the porter of the churches; the schoolmaster; the election fees of the gobernadorcillos, and their salaries; and the three per cent paid for the collections of the communal funds.]22. [Each village shall have a chart showing the condition of its communal funds. This shall show receipts and the fixed expenses as above outlined.]23. [Each alcalde shall leave his successor a record of said chart, taking a receipt for the same in order to present it to the royal accountancy. This shall be compared later by the royal officials with the accounts as handed in by his successor.]24. [Villages of more than 500 tributes shall have eight cantors, two sacristans, and one porter, each of whom shall be paid from the communal funds the customary amount of rice annually, namely, 4 fanégas of palay of 48 gantas. Villages of 400 tributes shall have six cantors; 300, five; 200, four; and no village shall have less than the last figure. All churches having a cura or missionary shall have two sacristans and one porter. There hasbeen much abuse in this matter, and the alcaldes-mayor are cautioned to have especial care in enforcing this ordinance, under penalty of a fine of 200 pesos.]25. [It is important that each village have good teachers to instruct the Indians in the Spanish language; but the monthly salary granted to teachers by the communal fund, namely, one peso and one cavan of rice, is very little. Consequently, the alcaldes, with the aid of the curas and missionaries, are ordered to regulate the salaries in proportion to the tributes, reporting the same to the superior government and the royal accountancy, so that better teachers may be secured and law xviii, título i, book vi, of theRecopilación, may be better realized.]26. [The law enacted by Governor Arandía, arranging for the expenses of media-anata and title of certain poor and old notables to be taken from the communal funds of the villages, in order that such men might serve as gobernadorcillos and the villages not be deprived of their services, is to be observed, the only condition being that the poverty must be very great, and such men very useful to the community.]27. [No Indiantanoresshall be set aside for the service of the curas, missionaries, alcaldes-mayor, or any other person, except those mentioned in ordinance 24. Those serving as cooks and servants shall not be exempt from tribute, polos, or personal services; nor shall they serve against their will. They shall receive the pay fixed by law, and accustomed to be paid to private individuals, according to law lxxxi, título xiv, book i, of theRecopilación.]28. [If the curas and missionaries need rowersfor the administration of the sacraments, and the alcaldes-mayor, for matters of the royal service, they shall not pay the Indians for such service, and shall allot said rowers by polos. Otherwise, each rower shall be paid one-half real per day and his food between Manila and Mariveles; beyond, the pay shall be regulated according to the tariffs of the various provinces.]29. [Eightbaguntaosshall be chosen in each large village each week to accompany the most holy sacrament, when it is taken to the houses of the sick, and to aid in the mass, and other matters of the divine service. Villages of five hundred tributes shall have sixbaguntaos, and smaller ones, four. They shall receive no pay, but shall not be employed in other matters, unless they are paid therefor, under penalty of deprivation of office to the gobernadorcillo or judicial official who permits it; and the alcalde-mayor who is aware of this and does not remedy it, shall pay the amount due such Indians, and a fine four times as great.]30. [Girls and women must not be employed in the missions in pounding rice among the men; neither shall they be employed to sweep the cemeteries of the churches, or the houses of the curas and missionaries; for this results often in great sin, and is contrary to the laws of the kingdom, especially law xi, título xiii, book i, of theRecopilación. Alcaldes-mayor shall not permit this under a charge of the same in their residencia, and a fine of 500 pesos, in accordance with the ordinance of November 23, 1757, which was enacted because of the many complaints. Those suitable for such duties are the old and crippled who have been exempted from tribute, and the schoolboys (of whom the curas maymake use freely so long as they are schoolboys, but no longer.) Alcaldes-mayor shall not employ women; and gobernadorcillos shall not make use of the services of schoolboys to the detriment of their instruction.]31. [The Indians shall not be required to supply the curas, missionaries, or alcaldes with fish. If the latter permit this, they shall have to pay for the fish at a just price, and a sum four times as great as a fine, and shall be deprived of office perpetually, as transgressors of law xii, título xiii, book i, and law xxvi, título ii, book v, of theRecopilación.]32. [In order that curas and missionaries may not be compelled to go without cooks and necessary servants because the Indians are unwilling to serve them, the gobernadorcillos of the villages shall furnish men for such service (not to exceed four in the large villages). From the stipend of the curas and missionaries, they shall be paid one real per week, and be given their food. In villages too small to warrant this expense on the part of the ecclesiastics, the village shall maintain the servants, and they shall not become an expense on the royal treasury.]33. [Similar to ordinance 22 (q.v.,ante, p. 206). This ordinance adds that deprivation of office shall be the penalty to the secular person violating its orders, while the ecclesiastical person who violates it shall be proceeded against according to law.]34. [Similar to ordinance 9 (q.v.,ante, pp. 197, 198). The prices in Tondo and the coast of Manila are as follows: “one hen, one and one-half reals; one dumalaga, three cuartillos; and one chick, four granos.” This ordinance is in accordance with law i, título xvii, book iv.]35. [This ordinance cites and reiterates ordinance42 of the old regulations (q.v.,ante, p. 219), and is in accordance with law xliii, título vii, book i of theRecopilación.]36. [Alcaldes-mayor and census-takers shall not exact the two reals from the natives which they are accustomed to take as a fee for enumerating them, under penalty of a fine of 500 pesos, and a sum four times as great as that they shall be proved to have taken. This ordinance shall be a special charge in the residencia.]37. [Alcaldes-mayor shall be governed by law xxix, título viii, book v, of theRecopilaciónin regard to fees for suits and other matters. The government secretary shall send a list of all fees that may be received to all the provinces, which shall be translated into the native languages and published by proclamation, and posted in the court, so that the Indians may know their rights and make the proper complaint at the time of the residencia. The employees of the royal treasury are liable for the fees which they also exact unlawfully, and which they are accustomed to take from the cabezas de barangay and the other natives.]38. [Similar to ordinance 8, of the old ordinances (q.v.,ante, pp. 196, 197).]39. [Similar to ordinance 24, of the old ordinances (q.v.,ante, pp. 206, 207). This ordinance in its several parts is in accordance with laws ii and xxi, título vi, book vii, of theRecopilación.]40. [This ordinance forbids alcaldes, justices, gobernadorcillos, and officials of the villages to impose any tax on the Indians. It is similar to ordinance 5 of the old ordinances (q.v.,ante, p. 195), and is in accordance with law vi, título xv, book iv of theRecopilación.]41. [No tax shall be imposed on the Indians such as has been the custom, for taking clay from any common place with which to make vessels, or for the manufacture of salt, or an annual payment for each beast or tree that they own, or other unjust impositions. The alcaldes-mayor shall report all such exactions.]42. [Similar to ordinance 11 of the old ordinances (q.v.,ante, p. 198), which is in accordance with law xxii, título xiv, book i, law xi, título xvi, of the same book, and law xxxvi, título iii, book iii, of theRecopilación.]43. [Similar to ordinance 14 of the old ordinances (q.v.,ante, p. 199).]44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of theRecopilación.]45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]46. [This ordinance cites ordinance 41 of the old ordinances (q.v.,ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought—as, under the system of collection by the priests, confession is often denied until payment is made—it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v.,ante, pp. 210, 211).]48. [Inquiry shall be made as to whether anyBilitaosandCasonosare exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry,maganitos[i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]49. [Ordinance 43 of the old ordinances (q.v.,ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses forgambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month’s imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, anotherten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated.14]52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga,15under penalty of paying a fine four times as large.]53. [The territory of native reductions and villages is declared communal, and at the time of the erection of any village, lands must be apportioned to the Indians, according to law viii, título iii, book vi of theRecopilación. No land-tax or rent is to be paid for such land, it being the royal will (law xliv, título xii, book iv) that the Indians have lands allotted to them for planting and working, as ordered in laws xxi and xxiii, título i, book vi, and law xiv, título xii, book iv.16These lands may not be soldwithout permission, some advantage gained thereby, and the intervention of the royal fiscal, as prescribed in law xxvii, título i, book vi, law xxxvi, título xviii, book ii, and law xvi, título xii, book iv. If claim is made to the lands by any Spaniard or mestizo, or any secular or ecclesiastical community, they shall prove their claims in a short limit of time before the alcaldes-mayor, who shall forward the records to the royal Audiencia for its decision. If their titles are not presented within that limit, the Audiencia shall also judge the legitimacy of the claim. It has always been the royal purpose that lands shall not be sold or apportioned to the injury of the Indians and their reductions; and it is prescribed by laws vii, ix, xvii, and xviii, título xii, book iv, that lands given to the injury of the Indians shall be restored to their owners. Lands belonging to Indians who die without heirs revert by law xxx, título i, book vi, to the king; and it is prohibited by law x, título xii, book iv, that lands allotted to explorers or settlers be sold to ecclesiastical communities or persons, under penalty of being confiscated and allotted to others. This ordinance is to be observed by alcaldes and ministers of justice under severe penalties, and it is to be published by proclamation in the villages, for it is of great importance to the state that all the Indians have the necessary lands. Individual mention is to be made of those villages that do not have such lands and the government will provide them so far as possible, giving the lands to those who possess them with just title. In addition to the landswhich the Indians ought to have in their private capacity, each village ought to possess communal lands which are to be cultivated for the common benefit, and the products of which are to be incorporated in the communal fund—from which roads can be repaired, highways and bridges built, the royal buildings repaired, and other necessary works carried on without any burden to the Indians.]54. [Indians employed on any of the public works shall labor only from the rising to the setting sun, with one and one-half or two hours for rest at midday. The rest of the time they must be made to work diligently. If any pressing necessity requires, however, such as the making of rigging, or other things for the royal service, alcaldes-mayor are empowered to lengthen the hours of labor, making the work as easy as possible for the Indians, and increasing the pay proportionally with the hours. Likewise, if the hours are diminished, the pay shall be proportionally diminished.]55. [Much trouble is caused by the actions of various officials in regard to the allotment of Indians for the cutting of timber and other royal services, because they accept a money payment of five pesos, three reals from many who are thereby excused from taking part therein—a sum which is kept by the said officials. Besides, they collect from the royal treasury the amount of the rations that the total number of Indians would use. In order to stop this practice, it is commanded that all the Indians allotted to any royal service, or their substitutes, take part in it. This is the only way in which to prevent the frauds practiced by the cabezas de barangay and the foremen of the cutting gangs. Alcaldes, justices, andofficials of the villages are to obey this ordinance strictly, under penalty of deprivation of office, a fine four times as great as the amount of the loss occasioned by them, and a further fine of 500 pesos, imposed on the alcaldes. The latter shall get a statement from the father chaplain and the foreman of the cutting gang, of the number of Indians of his province who take part in the cutting, and shall report the same to the superior government]56. [The Indians are prohibited from wearing gold and silver ornaments on their clothes, unless the gold and silver is wrought by a goldsmith or by a silversmith, under the penalty that the Indian timaua wearing such shall be punished with fifty stripes, and confiscation of the clothes so ornamented; while the chief shall be imprisoned for one month, and his clothes so adorned shall be confiscated. The second offense shall be double this, besides some money fine.]57. [Similar to old ordinance 10 (q.v., ante, p. 198). Stress is laid on the rivers coming to Manila from the provinces of Laguna, Pampanga, and Bulacan.]58. [Similar to old ordinance 33 (q.v., ante, p. 211).]59. [Similar to old ordinance 23 (q.v., ante, p. 206).]60. [Similar to old ordinance 25 (q.v., ante, p. 207).]61. [In part the same as old ordinance 26 (q.v., ante, pp. 207, 208). This ordinance provides in addition as follows. Alcaldes-mayor, in whose charge, according to the new rules, the distribution of the bulls of the Crusade have been placed, are to appoint ascollectors and treasurers (prescribed by ordinance 11 of the Crusade instructions) either the gobernadorcillo or one of the cabezas de barangay of the respective villages, and not any Indian who pays tribute; for since the former are the most prominent men in the village and the responsibility of the tributes, as collectors and treasurers, devolves on them, this will result in greater profit to the royal treasury. Each appointment made by the alcaldes in violation of this order shall incur a penalty of 100 pesos.]62. [Similar to old ordinance 7 (q.v., ante, p. 196). This ordinance adds: “And if the alcaldes do not comply with all the contents of this section, and of laws xi, xiii, xv-xvii, xix, xxii-xxiv, xxvi, xxviii, xxix, and xlii, título ii, book v, of theRecopilación de Indias, a charge as infractors of this section will be made against them in their residencia.”]63. [This ordinance contains the prescriptions of old ordinances 53–60 (q.v., ante, pp. 224–226).]64. [Alcaldes-mayor, within three months after having suffered their residencia, shall go to Manila, and their successors shall compel them to this step, in order that they may present their accounts of the royal revenues. If they stay in the provinces thirty days after the conclusion of their residencia, they and their successors shall be fined 1,000 pesos.]65. [This ordinance cites old ordinance 36 in full (q.v., ante, p. 213), and prescribes its observance.]66. [Since but little profit has been obtained from the raids allowed to be made according to old ordinance 35 (q.v., ante, pp. 212, 213), as they are made with Indians who have friendship and trade withthose of the mountains, and who, consequently, always give warning of such raids to the latter, while expenses roll up rapidly to no advantage, it is ordered that no raids be made in the future unless by order of the superior government. In case of necessity, the alcalde-mayor shall report to the superior government the necessity for the raid, the number of men necessary, the time it will take, and the expense, his report to be accompanied by a certified statement of the cura or missionary. In case time will not permit the awaiting of special orders from the superior government, the alcalde-mayor may, with the consent of the cura or missionary, make the raid; after which he shall send full reports of the same to Manila, with certifications of the father minister, in order that the expenses may be allowed. Alcaldes-mayor shall mutually aid one another on all raids.]67. [Alcaldes-mayor or their agents shall not buy houses, lands, or ranches in the territory of their jurisdictions during the time of their office, nor allow their notaries or alguacils to do so, under penalty of 500 pesos’ fine. They shall not build nor allow to be built any boat for transportation without the express permission of the superior government; and the work of Indians thereon shall be paid at the rate of the tariff. Such construction shall be made in places having the spiritual and temporal administration, under the above penalty. The alcalde-mayor obtaining government permission, shall inform the gobernadorcillos of the villages of his province of all the conditions, so that the Indians may lodge complaint of all injuries offered them during the construction, and obtain justice therefor. The same ruleholds good for all work done for the alcalde-mayor, and payment shall be with the intervention of the father minister. Likewise work done for the latter shall be paid by him in the same manner with the intervention of the alcalde-mayor, and in absence of the latter, with that of the gobernadorcillo of the village, who shall report fully to the alcalde-mayor, so that he may remedy all abuses. This is in accord with law xi, título xiii, book i, of theRecopilación.]68. [Alcaldes-mayor, corregidors, and other officials are allowed (by a royal decree of July 17, 1751) to trade in their provinces by reason of a payment made to the government, and mistakenly called an excise tax. They shall not, on account of that privilege, injure the trade of the Spaniards and Indians of their jurisdiction, but shall allow them to trade freely, without exacting from them any payment under pretense that it is an excise tax. Nor shall they be allowed to buy at rates lower than the others. Violation of this ordinance, which is to be proclaimed annually in the villages, and to be a charge in the residencia, incurs the penalties of deprivation of office, a fine of 500 pesos, and other penalties that may be imposed.]69. [Similar to old ordinance 18 (q.v., ante, p. 203). The penalties assigned are restoration of what has been weighed or measured by unjust weights and measures, and a fine of 500 pesos to the alcalde-mayor allowing the use of such weights and measures, and the payment of the amount lost, with four times as much to the treasury.]70. [Interprovincial trade of the various products shall not be prohibited, as such prohibition is in violation of law viii, título xviii, book iv and lawxxv, título i, book vi, in accordance with which laws trade is to be encouraged. The Indians may cut timber in accordance with law xiv, título xvii, book iv. The desire for gain, however, shall not be allowed to cause the Indians to send out of any province the products necessary for its conservation. This may be prohibited with the consent of the father minister, from whom the alcalde-mayor shall ask a certification for his own protection. Without that certification, he shall not make such prohibition, under penalty of the penalties of the preceding ordinance. The natives shall pay no fees for the privilege of interprovincial trade; and, if any alcalde-mayor violates this, he shall incur a fine of 100 pesos, besides the responsibility of making good all the loss occasioned by his action. This shall also be a charge in the residencia.]71. [This ordinance relates to the encouragement of the increase of the produce of each province, for which all alcaldes-mayor and other officials must work, under penalty of punishment for neglect and disobedience. The products best suited for each province are to be especially encouraged, whether of useful trees, wheat, and other grains, vegetables, cotton, pepper, etc., or domestic cattle. Each Indian shall have at least twelve hens and one cock, and one sow for breeding purposes. Factories for the making of textiles and rigging shall be encouraged and increased. Alcaldes-mayor shall strive especially to wipe out the vice of laziness—which is the chief vice among the Indians, and the origin of all their other vices—by mild means, but if necessary by harsh ones, as this is so important for the general good, in accordance with law xxi, título i, book vi. Thosewho do not, within two years, work in their fields and gardens and cultivate their lands shall lose them. Especial care shall be taken of this during the visit, and annual reports shall be made by the alcaldes-mayor, who shall be careful to state increase.]72. [Similar to old ordinance 32 (q.v., ante, p. 211).]73. [Since the laziness of the Indians is so prejudicial and the origin of many vices, especially incontinence and theft; and since it is against law xxi, título i, book vi of theRecopilación, to permit laziness among them: it is ordered that all Indians engage in some work, either the cultivation of land or the rearing of cattle, as outlined in ordinance 71. Gobernadorcillos shall be ordered to watch carefully to see that this ordinance is obeyed, and alcaldes-mayor shall verify their statements at the time of the visit. Lazy Indians shall be forced to labor at the public and royal works of the province for so long a time as the alcalde-mayor shall determine. Lands of the villages allowed to lie uncultivated for one year shall be taken from their owners, and given to other Indians who are more industrious, in accordance with law xi, título xii, book iv.]74. [Alcaldes-mayor shall prefer for all honorable posts, such as that of gobernadorcillo, those Indians who are most industrious in the cultivation of their lands, the planting of trees, and manufactures, reporting the same to the superior government.]75. [In view of the many infractions of old ordinance 37 (q.v., ante, pp. 213–215), that ordinance is repeated with strict orders of observance, under penalty of loss of office, a fine of 500 pesos, and charge in the residencia.]76. [This ordinance cites old ordinance 16 (q.v., ante, pp. 199–203), but adds that the new order of the royal decree of April 17, 1766 must be observed. This decree orders that all the Catholic Sangleys who committed excesses during the time when the English occupied Manila shall be expelled from the Philippines, only true Christians being allowed to remain, according to law viii, título xviii, book vi of theRecopilación. These Sangleys are to be assigned to the respective territories and villages which are deemed best. They shall not be allowed to carry weapons of any sort, and shall be employed only in agriculture and the trades. They shall not be allowed to leave their respective villages except by permission of the justice, governor, or alcalde-mayor to whom they are subject, under penalty of perpetual exile from his Majesty’s domains.]77. [Old ordinances 20 and 21 (q.v., ante, pp. 204–206), which are in accordance with law xxii, título iii, book vi, of theRecopilaciónare repealed by ordinance 52 of the present ordinances; and Spaniards are permitted to live among the Indians (as seems in harmony with law xviii, título xv, book i), the alcaldes being ordered to see that they live as good Christians. Since experience demonstrates that the residence of Spaniards in the provinces is advantageous for the instruction of the Indians in the Spanish language, for the cultivation of their products, and for the encouragement of their trade (in accordance with law xxiv, título i, book vi), the alcaldes-mayor are ordered to aid the Spaniards resident in their provinces as much as possible, and to forbid residence therein only of those who are vicious and mischievous.]78. [Similar to old ordinance 28 (q.v., ante, p. 209).]79. [This ordinance prescribes the method of holding the elections for gobernadorcillos (see old ordinance 27,ante, pp. 208, 209). Elections shall be held at the beginning of each year, in the royal buildings, and nowhere else. If held elsewhere, they shall be considered null and void, according to Arandía’s ordinance no. 11; and the alcalde or justice violating this order shall be fined, and the notary making the records shall lose his office. The voters in the elections shall be the twelve senior cabezas de barangay. If any of these are absent, by reason of sickness or other cause, the number shall be completed from the other cabezas de barangay, observing strict seniority always. If there are not enough cabezas de barangay, the number of twelve voters shall be completed from the senior notables of the village. With these the retiring gobernadorcillo shall vote, and they shall nominate three trustworthy persons for the post of gobernadorcillo, reporting the number of votes received by each. These nominees must be able to read, write, and speak Spanish. The ballot shall be secret, and be attested by the notary. The alcalde-mayor or the justice shall preside at the election, and the father minister may be present “if he please, in order to represent what he considers advisable, and for no other end.” The results of the election shall be sent, stamped and sealed, to the secretary of the superior government, and the appointment of gobernadorcillo shall be made from Manila, and the proper title despatched, while the other officials necessary shall be appointed as heretofore. This applies to the provinces of Tondo,Laguna, Cavite, Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces distant from Manila, elections shall be held in the same manner, and appointments made by the alcaldes-mayor or justices, who shall be furnished with blank titles, which they shall fill out. No man shall assume office without the proper credentials. Names of all appointees shall be sent to the superior government and entered in the proper books, as well as the fees of the credentials and stamped paper. The fees of media-anata shall be collected from all gobernadorcillos and other officials, the amount of such fees being entered in the royal treasury annually. The royal officials, on their part, shall see that all fees are paid, and shall ascertain from the alcaldes and justices the number of gobernadorcillos in the various jurisdictions, so that they may check up the records properly.]80. [Retiring gobernadorcillos shall hold office until all fees have been met by the newly-elected gobernadorcillos.]81. [Cabezas de barangay may be elected to the post of gobernadorcillo without ceasing to act in the former capacity, according to Arandía’s ordinance, no. 21.]82. [Those becoming cabezas de barangay by inheritance shall obtain their credentials from the superior government, asking for the same with the accompanying report of the alcaldes, or the persons by whom they shall have been proposed. The district of each cabeza de barangay shall contain not less than forty-five or fifty tributes.]83. [Since the houses of the Indians are so scattered, and there is so great lack of zeal in reducingthem “under the bells,” as is ordered by the laws and by many royal decrees, many spiritual and temporal wrongs are caused the Indians. For they do not attend church, and it is impossible often to attend the sick and give them the sacraments, so that many of them die without the consolation of religion. It is impossible to learn the sins committed, or the exact number of those who should pay tribute. Under penalty of being punished as enemies to the state, alcaldes-mayor are ordered to reduce the natives into villages. They shall not allow any house to be more than one-half league from a church; and, on the other hand, shall not allow them to be built so close together that there is danger of fire. Reports of what has been done in this shall be sent to the superior government annually, under penalty of a fine of 100 pesos. The ecclesiastical superiors are requested (in accordance with laws ii and iii, título iii, book vi of theRecopilación), to order their subjects to lend all the aid possible in the reduction. Any opposition offered shall be considered just cause for the ends proposed in law xiii, título xv, book i.]84. [When the reduction of the villages is completed, the gobernadorcillo of each village shall take charge of the collection of the tribute, as compensation for which he shall be given one-half of one per cent. He shall report promptly to the alcaldes, under pain of loss of office, to which the deputies shall succeed. This method will relieve the cabezas de barangay from the collection, and the latter shall be included in the lists and pay tribute also, which will amount to a considerable increase to the royal treasury.]85. [To obviate the harm resulting from thefather ministers meddling in concerns of temporal government (contrary to law lxvi, título xiv, book i of theRecopilación), alcaldes-mayor are ordered not to allow any usurpation of their office. All measures advocated by the father ministers in behalf of the Indians, spiritually and temporally, shall be presented to the alcaldes-mayor and other justices in a respectful manner, and shall receive respectful consideration, so that the Indians may receive a good example thereby, and pay the proper respect to each one. If the alcaldes are unable to check attempted usurpation, they shall report the same to the superior government, which will take the necessary measures. The father ministers shall, on their side, present grievances against the alcaldes and other justices who do not attend sufficiently to their recommendations for the spiritual and temporal welfare of the Indians, to their superiors, if they do not wish to do so directly to the government, who shall take the matter up with the proper authorities. Observance of this ordinance is urged on the secular and regular superiors.]86. [Alcaldes-mayor must treat the gobernadorcillos with all the respect due their office, such as never allowing them to stand, in their houses or other places. Also gobernadorcillos shall be punished if they do not fulfil their duties with honor, and properly.]87. [Alcaldes are also ordered to see that the gobernadorcillos are treated respectfully by the father ministers, “and shall not allow the latter to lash, punish, or maltreat them, nor leave them standing, or cause them to leave the baton at the street-door when they go to see the father curas or missionaries,as this is contrary to the honor and respect of justice. Neither shall they allow them to serve the plates in the masses of said fathers, as ministers of justice ought not to be employed in that service, or others like it, which are suitable only for servants.” All ecclesiastical superiors are ordered to charge all their subjects not to violate these regulations, and all the gobernadorcillos and officers of justice shall be notified that they are not to remain standing before the father ministers; that they are to go to visit them without leaving the baton of justice behind; not to serve at the masses; and not to leave the territory of their respective villages, even under pretext of accompanying the father minister, the alcalde, or any other person—under penalty of loss of their post, disqualification from holding any office of justice in the future, and two months’ imprisonment.]88. [On their part the alcaldes, while preserving the necessary respect toward justice, must maintain due respect for the priestly office, and seek always to promote good relations with the father ministers.]89. [Arandía’s ordinance, no. 10, ordering alcaldes and justices to treat with the father ministers only in writing and to visit them only when accompanied, is repealed, as it is contrary to law lxv, título xiv, book i, of theRecopilación. The ecclesiastical superiors shall do their utmost to restrain their subjects within the bounds of moderation. Frequent visits between the alcaldes, gobernadorcillos, and other justices, and the father ministers are recommended. In this intercourse, however, the gobernadorcillos shall be ruled in temporal affairs by the orders and commands of the alcaldes-mayor, but are to maintain due respect to the father ministers—whoshall not meddle with matters of secular government, but shall take the measures advisable for the spiritual welfare of the Indians.]90. [Ecclesiastical superiors shall be requested to order their subjects to preach frequently to the Indians concerning their obligation of paying the tribute, and the indulgences that they obtain by taking the bull of the holy Crusade, in view of the many troubles arising from the lack of instruction in these two points “so important for their salvation, so in accordance with the intention of our Catholic monarch, and suitable to the zeal of good ministers of instruction, and of faithful vassals of his Majesty.”]91. The sumptuousness of the buildings, the churches, and houses of the missionaries, mistakenly called convents, is one of the burdens which the Indians unjustly suffer, and which, according to a very laudable opinion, contributes greatly to their desolation. Moreover, since it is apparent by the experience of the past war, what harm said buildings have occasioned, as they serve as shelter and defense to enemies, it is declared that buildings of stone and tile shall not be permitted in the provinces where there is danger of enemies, but only those of boards and nipa;17and where it is considered advisable bythe superior government to permit them, a fixed rule shall be given, ordering that the houses of the missionary ministers be of moderate style, and in harmony with the plan which must be sent to each alcalde-mayor—with orders to demolish those which shall be built new without the necessary licenses, in case that they exceed the limits of the said plan. [This is in harmony with the royal decree, dated Madrid, June 18, 1767. The terms of ordinance 67 shall be observed until other regulations are provided.]92. [While there is great excess in the sumptuousness of the houses of the missionaries, there is a corresponding degree of ruin and dilapidation in the royal buildings throughout the islands. Many are in so poor condition that they are unfit for habitation, and travelers and alcaldes-mayor are caused great hardship in their journeys through the villages. Often it is impossible for the latter to visit their jurisdiction for the lack of royal buildings; and, because of trouble with the missionaries, they cannot live in the convents. Still more disagreeable is it for ministers of the royal Audiencia to exercise their commissions in the provinces, for it is not in harmony with their dignity or good for their health for them to lodge in places unsuitable for habitation; whilelaw lxxxix, título xvi, book ii, forbids them to take lodging in the convents. In consequence of this it is ordered that all villages, especially the capitals of the provinces, erect suitable royal buildings, in accordance with plans that will be issued by the superior government. These shall be kept in repair, and in them the gobernadorcillos shall hold their courts and shall have their prisons.]93. [According to old ordinance 52 (q.v., ante, pp. 223, 224), and to Arandia’s ordinance, no. 17, it is strictly ordered that the alcaldes-mayor request the father ministers to exert themselves, so far as it concerns them, to establish schoolmasters in all villages, who shall teach the Indians to read and write in Spanish, and the Christian doctrine and other prayers, in accordance with the royal decree of June 5, 1574. The pay of the masters shall be one peso and one cavan of rice per month, but may be increased at the option of the alcaldes-mayor; and it shall be paid from the communal treasuries of the villages (see no. 25 of the present ordinances). If the masters do not teach and instruct the Indians in Spanish, they shall make restitution of all the pay that they have received, be incapacitated from all employment in the islands, and punished at the will of the alcaldes-mayor. This matter shall constitute a factor in the visits of the alcaldes-mayor, and if any persons oppose the teaching of Spanish, they shall be proceeded against according to law. Neglect on the part of the alcaldes shall incur punishment in proportion to its degree. As yet but little zeal has been shown in this matter, and there has been a total lack of observance of law xviii, título i, book vi, of theRecopilación, which is in harmony with many royal decrees.]94. [The visitas or chapels in villages, besides being unnecessary for divine worship, which is to be held in the churches where the Indians can attend, are a burden on the Indians, by reason of the expenses incurred in their building and repairs, and the increase of feast days (although there should only be the three permitted by the government), fees, and alms, which must be paid to the curas and missionaries. Consequently, alcaldes-mayor are ordered, at the time of their visit, to report to the superior government all the visitas in their jurisdictions where the sacrifice of the mass is celebrated; with what authority and license they are established; the distance from each visita to the church of the village; the advantages derived from them; the expenses, fees, and alms contributed by the natives; and all other matters connected with them. No visita shall be established without the sanction of the superior government.]All the above sections contained in this royal ordinance shall be observed and complied with by the governors, alcaldes-mayor, and corregidors of the provinces of these islands, and by each of the persons mentioned therein—with warning that, if they do not execute them, they shall be punished according to the penalties imposed in them. Given in the city of Manila, and the royal hall of the assembly thereof, February 26, 1768.Don Jose RaonFrancisco Enriquez de Villa CortaManuel Galvan Y VenturaRegistered,José Raon(seal)By the grand chancellor,José Raon[Then follows the short statement of the government secretary, Ramon de Orendain, who had the ordinances written down at the order of the Audiencia. This is succeeded by an act of the Audiencia, dated February 26, 1768, enjoining strict observance of these ordinances which were ordered to be formulated by royal decrees of December 4 and 23, 1760. Those decrees ordered the revision of the ordinances of Governor Arandía. In order that all persons may not plead ignorance of them, they were ordered to be registered in both accountancies, and in the government secretary’s office, and copies were to be sent to each alcalde-mayor, corregidor, and justice.18These copies were to be translated into the native languages of the different jurisdictions, and the archives of each village was to have a copy. Other copies were ordered to be sent to the bishops and the father provincials of the several orders, so that they might order obedience on the part of their subjects, who are not to meddle in governmental matters. Last is the attestation of Orendain as to the accuracyof the copy, which bears date Manila, June 14, 1768, and which was sent to the castellan of the port of Cavite.]
16. [The alcaldes-mayor shall send annual reports to the superior government whether the sacrament has been administered in their houses to sick Indians, whether this has been neglected by any curas and missionaries, or whether the latter have caused the sick to go to the churches to receive it. If they have been thus remiss, the stipends shall not be given them, and if paid them by the alcaldes-mayor shall not be credited to them (which is in accordance with law xxvi, título xiii, book i, of theRecopilación, and the royal decree of June 11, 1704, which is, however, not to be observed in general).]17. [The Indians are to have the administration,teaching, and instruction necessary, but are not to be molested and vexed unjustly by the curas and missionaries (seeRecopilación, título xiii, book i). They must not be assessed anything, or such assessment shall be discounted from the stipends of the curas and missionaries.]18. [In view of the poverty of the royal treasury, and the opulence of the curas and missionaries, who receive excessive stipends—since, although a village may have but one parish priest, he may collect two, three, four, or more stipends, according to the number of tributes—it is ordered that but one stipend be paid in each village, notwithstanding its size (in the same manner as if it had only five hundred tributes): The money saved thereby shall be paid out to the benefit of the public cause.]19. [Law i, título iv, book vi, of theRecopilación, recommends that the communal fund of the native villages be an object of especial attention, and that one real from each whole tribute be paid into it. The collection for this is to be made by the alcaldes-mayor under bond, and they must report and send amounts to the royal treasury, distinctly stating the amount belonging to each village. The royal officials are to enter this account under separate headings, as provided by laws ix and xi of the above título; and this fund must be reserved for the purposes expressly stated by the superior government.]20. [When the amount of the communal funds has reached a sufficient figure, one of the auditors especially appointed by the superior government shall with the fiscal and royal officials purchase annuities or invest the money in sea or land enterprises. The gain therefrom shall be applied to the maintenanceof seminaries for Indians of both sexes, “which ought to be established in each province for the education and secular and Christian instruction of their natives, as the only means by which they can be instructed perfectly in the mysteries of our holy faith, and so that they may be good Christians and better vassals.” This is according to laws xvii-xix, título iii, book i, of theRecopilación.]21. [Neither the alcaldes-mayor nor any other person may, without special government permission, spend anything from the communal funds, outside of the common obligations of each village—namely, expenses for cantors, sacristans, and the porter of the churches; the schoolmaster; the election fees of the gobernadorcillos, and their salaries; and the three per cent paid for the collections of the communal funds.]22. [Each village shall have a chart showing the condition of its communal funds. This shall show receipts and the fixed expenses as above outlined.]23. [Each alcalde shall leave his successor a record of said chart, taking a receipt for the same in order to present it to the royal accountancy. This shall be compared later by the royal officials with the accounts as handed in by his successor.]24. [Villages of more than 500 tributes shall have eight cantors, two sacristans, and one porter, each of whom shall be paid from the communal funds the customary amount of rice annually, namely, 4 fanégas of palay of 48 gantas. Villages of 400 tributes shall have six cantors; 300, five; 200, four; and no village shall have less than the last figure. All churches having a cura or missionary shall have two sacristans and one porter. There hasbeen much abuse in this matter, and the alcaldes-mayor are cautioned to have especial care in enforcing this ordinance, under penalty of a fine of 200 pesos.]25. [It is important that each village have good teachers to instruct the Indians in the Spanish language; but the monthly salary granted to teachers by the communal fund, namely, one peso and one cavan of rice, is very little. Consequently, the alcaldes, with the aid of the curas and missionaries, are ordered to regulate the salaries in proportion to the tributes, reporting the same to the superior government and the royal accountancy, so that better teachers may be secured and law xviii, título i, book vi, of theRecopilación, may be better realized.]26. [The law enacted by Governor Arandía, arranging for the expenses of media-anata and title of certain poor and old notables to be taken from the communal funds of the villages, in order that such men might serve as gobernadorcillos and the villages not be deprived of their services, is to be observed, the only condition being that the poverty must be very great, and such men very useful to the community.]27. [No Indiantanoresshall be set aside for the service of the curas, missionaries, alcaldes-mayor, or any other person, except those mentioned in ordinance 24. Those serving as cooks and servants shall not be exempt from tribute, polos, or personal services; nor shall they serve against their will. They shall receive the pay fixed by law, and accustomed to be paid to private individuals, according to law lxxxi, título xiv, book i, of theRecopilación.]28. [If the curas and missionaries need rowersfor the administration of the sacraments, and the alcaldes-mayor, for matters of the royal service, they shall not pay the Indians for such service, and shall allot said rowers by polos. Otherwise, each rower shall be paid one-half real per day and his food between Manila and Mariveles; beyond, the pay shall be regulated according to the tariffs of the various provinces.]29. [Eightbaguntaosshall be chosen in each large village each week to accompany the most holy sacrament, when it is taken to the houses of the sick, and to aid in the mass, and other matters of the divine service. Villages of five hundred tributes shall have sixbaguntaos, and smaller ones, four. They shall receive no pay, but shall not be employed in other matters, unless they are paid therefor, under penalty of deprivation of office to the gobernadorcillo or judicial official who permits it; and the alcalde-mayor who is aware of this and does not remedy it, shall pay the amount due such Indians, and a fine four times as great.]30. [Girls and women must not be employed in the missions in pounding rice among the men; neither shall they be employed to sweep the cemeteries of the churches, or the houses of the curas and missionaries; for this results often in great sin, and is contrary to the laws of the kingdom, especially law xi, título xiii, book i, of theRecopilación. Alcaldes-mayor shall not permit this under a charge of the same in their residencia, and a fine of 500 pesos, in accordance with the ordinance of November 23, 1757, which was enacted because of the many complaints. Those suitable for such duties are the old and crippled who have been exempted from tribute, and the schoolboys (of whom the curas maymake use freely so long as they are schoolboys, but no longer.) Alcaldes-mayor shall not employ women; and gobernadorcillos shall not make use of the services of schoolboys to the detriment of their instruction.]31. [The Indians shall not be required to supply the curas, missionaries, or alcaldes with fish. If the latter permit this, they shall have to pay for the fish at a just price, and a sum four times as great as a fine, and shall be deprived of office perpetually, as transgressors of law xii, título xiii, book i, and law xxvi, título ii, book v, of theRecopilación.]32. [In order that curas and missionaries may not be compelled to go without cooks and necessary servants because the Indians are unwilling to serve them, the gobernadorcillos of the villages shall furnish men for such service (not to exceed four in the large villages). From the stipend of the curas and missionaries, they shall be paid one real per week, and be given their food. In villages too small to warrant this expense on the part of the ecclesiastics, the village shall maintain the servants, and they shall not become an expense on the royal treasury.]33. [Similar to ordinance 22 (q.v.,ante, p. 206). This ordinance adds that deprivation of office shall be the penalty to the secular person violating its orders, while the ecclesiastical person who violates it shall be proceeded against according to law.]34. [Similar to ordinance 9 (q.v.,ante, pp. 197, 198). The prices in Tondo and the coast of Manila are as follows: “one hen, one and one-half reals; one dumalaga, three cuartillos; and one chick, four granos.” This ordinance is in accordance with law i, título xvii, book iv.]35. [This ordinance cites and reiterates ordinance42 of the old regulations (q.v.,ante, p. 219), and is in accordance with law xliii, título vii, book i of theRecopilación.]36. [Alcaldes-mayor and census-takers shall not exact the two reals from the natives which they are accustomed to take as a fee for enumerating them, under penalty of a fine of 500 pesos, and a sum four times as great as that they shall be proved to have taken. This ordinance shall be a special charge in the residencia.]37. [Alcaldes-mayor shall be governed by law xxix, título viii, book v, of theRecopilaciónin regard to fees for suits and other matters. The government secretary shall send a list of all fees that may be received to all the provinces, which shall be translated into the native languages and published by proclamation, and posted in the court, so that the Indians may know their rights and make the proper complaint at the time of the residencia. The employees of the royal treasury are liable for the fees which they also exact unlawfully, and which they are accustomed to take from the cabezas de barangay and the other natives.]38. [Similar to ordinance 8, of the old ordinances (q.v.,ante, pp. 196, 197).]39. [Similar to ordinance 24, of the old ordinances (q.v.,ante, pp. 206, 207). This ordinance in its several parts is in accordance with laws ii and xxi, título vi, book vii, of theRecopilación.]40. [This ordinance forbids alcaldes, justices, gobernadorcillos, and officials of the villages to impose any tax on the Indians. It is similar to ordinance 5 of the old ordinances (q.v.,ante, p. 195), and is in accordance with law vi, título xv, book iv of theRecopilación.]41. [No tax shall be imposed on the Indians such as has been the custom, for taking clay from any common place with which to make vessels, or for the manufacture of salt, or an annual payment for each beast or tree that they own, or other unjust impositions. The alcaldes-mayor shall report all such exactions.]42. [Similar to ordinance 11 of the old ordinances (q.v.,ante, p. 198), which is in accordance with law xxii, título xiv, book i, law xi, título xvi, of the same book, and law xxxvi, título iii, book iii, of theRecopilación.]43. [Similar to ordinance 14 of the old ordinances (q.v.,ante, p. 199).]44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of theRecopilación.]45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]46. [This ordinance cites ordinance 41 of the old ordinances (q.v.,ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought—as, under the system of collection by the priests, confession is often denied until payment is made—it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v.,ante, pp. 210, 211).]48. [Inquiry shall be made as to whether anyBilitaosandCasonosare exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry,maganitos[i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]49. [Ordinance 43 of the old ordinances (q.v.,ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses forgambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month’s imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, anotherten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated.14]52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga,15under penalty of paying a fine four times as large.]53. [The territory of native reductions and villages is declared communal, and at the time of the erection of any village, lands must be apportioned to the Indians, according to law viii, título iii, book vi of theRecopilación. No land-tax or rent is to be paid for such land, it being the royal will (law xliv, título xii, book iv) that the Indians have lands allotted to them for planting and working, as ordered in laws xxi and xxiii, título i, book vi, and law xiv, título xii, book iv.16These lands may not be soldwithout permission, some advantage gained thereby, and the intervention of the royal fiscal, as prescribed in law xxvii, título i, book vi, law xxxvi, título xviii, book ii, and law xvi, título xii, book iv. If claim is made to the lands by any Spaniard or mestizo, or any secular or ecclesiastical community, they shall prove their claims in a short limit of time before the alcaldes-mayor, who shall forward the records to the royal Audiencia for its decision. If their titles are not presented within that limit, the Audiencia shall also judge the legitimacy of the claim. It has always been the royal purpose that lands shall not be sold or apportioned to the injury of the Indians and their reductions; and it is prescribed by laws vii, ix, xvii, and xviii, título xii, book iv, that lands given to the injury of the Indians shall be restored to their owners. Lands belonging to Indians who die without heirs revert by law xxx, título i, book vi, to the king; and it is prohibited by law x, título xii, book iv, that lands allotted to explorers or settlers be sold to ecclesiastical communities or persons, under penalty of being confiscated and allotted to others. This ordinance is to be observed by alcaldes and ministers of justice under severe penalties, and it is to be published by proclamation in the villages, for it is of great importance to the state that all the Indians have the necessary lands. Individual mention is to be made of those villages that do not have such lands and the government will provide them so far as possible, giving the lands to those who possess them with just title. In addition to the landswhich the Indians ought to have in their private capacity, each village ought to possess communal lands which are to be cultivated for the common benefit, and the products of which are to be incorporated in the communal fund—from which roads can be repaired, highways and bridges built, the royal buildings repaired, and other necessary works carried on without any burden to the Indians.]54. [Indians employed on any of the public works shall labor only from the rising to the setting sun, with one and one-half or two hours for rest at midday. The rest of the time they must be made to work diligently. If any pressing necessity requires, however, such as the making of rigging, or other things for the royal service, alcaldes-mayor are empowered to lengthen the hours of labor, making the work as easy as possible for the Indians, and increasing the pay proportionally with the hours. Likewise, if the hours are diminished, the pay shall be proportionally diminished.]55. [Much trouble is caused by the actions of various officials in regard to the allotment of Indians for the cutting of timber and other royal services, because they accept a money payment of five pesos, three reals from many who are thereby excused from taking part therein—a sum which is kept by the said officials. Besides, they collect from the royal treasury the amount of the rations that the total number of Indians would use. In order to stop this practice, it is commanded that all the Indians allotted to any royal service, or their substitutes, take part in it. This is the only way in which to prevent the frauds practiced by the cabezas de barangay and the foremen of the cutting gangs. Alcaldes, justices, andofficials of the villages are to obey this ordinance strictly, under penalty of deprivation of office, a fine four times as great as the amount of the loss occasioned by them, and a further fine of 500 pesos, imposed on the alcaldes. The latter shall get a statement from the father chaplain and the foreman of the cutting gang, of the number of Indians of his province who take part in the cutting, and shall report the same to the superior government]56. [The Indians are prohibited from wearing gold and silver ornaments on their clothes, unless the gold and silver is wrought by a goldsmith or by a silversmith, under the penalty that the Indian timaua wearing such shall be punished with fifty stripes, and confiscation of the clothes so ornamented; while the chief shall be imprisoned for one month, and his clothes so adorned shall be confiscated. The second offense shall be double this, besides some money fine.]57. [Similar to old ordinance 10 (q.v., ante, p. 198). Stress is laid on the rivers coming to Manila from the provinces of Laguna, Pampanga, and Bulacan.]58. [Similar to old ordinance 33 (q.v., ante, p. 211).]59. [Similar to old ordinance 23 (q.v., ante, p. 206).]60. [Similar to old ordinance 25 (q.v., ante, p. 207).]61. [In part the same as old ordinance 26 (q.v., ante, pp. 207, 208). This ordinance provides in addition as follows. Alcaldes-mayor, in whose charge, according to the new rules, the distribution of the bulls of the Crusade have been placed, are to appoint ascollectors and treasurers (prescribed by ordinance 11 of the Crusade instructions) either the gobernadorcillo or one of the cabezas de barangay of the respective villages, and not any Indian who pays tribute; for since the former are the most prominent men in the village and the responsibility of the tributes, as collectors and treasurers, devolves on them, this will result in greater profit to the royal treasury. Each appointment made by the alcaldes in violation of this order shall incur a penalty of 100 pesos.]62. [Similar to old ordinance 7 (q.v., ante, p. 196). This ordinance adds: “And if the alcaldes do not comply with all the contents of this section, and of laws xi, xiii, xv-xvii, xix, xxii-xxiv, xxvi, xxviii, xxix, and xlii, título ii, book v, of theRecopilación de Indias, a charge as infractors of this section will be made against them in their residencia.”]63. [This ordinance contains the prescriptions of old ordinances 53–60 (q.v., ante, pp. 224–226).]64. [Alcaldes-mayor, within three months after having suffered their residencia, shall go to Manila, and their successors shall compel them to this step, in order that they may present their accounts of the royal revenues. If they stay in the provinces thirty days after the conclusion of their residencia, they and their successors shall be fined 1,000 pesos.]65. [This ordinance cites old ordinance 36 in full (q.v., ante, p. 213), and prescribes its observance.]66. [Since but little profit has been obtained from the raids allowed to be made according to old ordinance 35 (q.v., ante, pp. 212, 213), as they are made with Indians who have friendship and trade withthose of the mountains, and who, consequently, always give warning of such raids to the latter, while expenses roll up rapidly to no advantage, it is ordered that no raids be made in the future unless by order of the superior government. In case of necessity, the alcalde-mayor shall report to the superior government the necessity for the raid, the number of men necessary, the time it will take, and the expense, his report to be accompanied by a certified statement of the cura or missionary. In case time will not permit the awaiting of special orders from the superior government, the alcalde-mayor may, with the consent of the cura or missionary, make the raid; after which he shall send full reports of the same to Manila, with certifications of the father minister, in order that the expenses may be allowed. Alcaldes-mayor shall mutually aid one another on all raids.]67. [Alcaldes-mayor or their agents shall not buy houses, lands, or ranches in the territory of their jurisdictions during the time of their office, nor allow their notaries or alguacils to do so, under penalty of 500 pesos’ fine. They shall not build nor allow to be built any boat for transportation without the express permission of the superior government; and the work of Indians thereon shall be paid at the rate of the tariff. Such construction shall be made in places having the spiritual and temporal administration, under the above penalty. The alcalde-mayor obtaining government permission, shall inform the gobernadorcillos of the villages of his province of all the conditions, so that the Indians may lodge complaint of all injuries offered them during the construction, and obtain justice therefor. The same ruleholds good for all work done for the alcalde-mayor, and payment shall be with the intervention of the father minister. Likewise work done for the latter shall be paid by him in the same manner with the intervention of the alcalde-mayor, and in absence of the latter, with that of the gobernadorcillo of the village, who shall report fully to the alcalde-mayor, so that he may remedy all abuses. This is in accord with law xi, título xiii, book i, of theRecopilación.]68. [Alcaldes-mayor, corregidors, and other officials are allowed (by a royal decree of July 17, 1751) to trade in their provinces by reason of a payment made to the government, and mistakenly called an excise tax. They shall not, on account of that privilege, injure the trade of the Spaniards and Indians of their jurisdiction, but shall allow them to trade freely, without exacting from them any payment under pretense that it is an excise tax. Nor shall they be allowed to buy at rates lower than the others. Violation of this ordinance, which is to be proclaimed annually in the villages, and to be a charge in the residencia, incurs the penalties of deprivation of office, a fine of 500 pesos, and other penalties that may be imposed.]69. [Similar to old ordinance 18 (q.v., ante, p. 203). The penalties assigned are restoration of what has been weighed or measured by unjust weights and measures, and a fine of 500 pesos to the alcalde-mayor allowing the use of such weights and measures, and the payment of the amount lost, with four times as much to the treasury.]70. [Interprovincial trade of the various products shall not be prohibited, as such prohibition is in violation of law viii, título xviii, book iv and lawxxv, título i, book vi, in accordance with which laws trade is to be encouraged. The Indians may cut timber in accordance with law xiv, título xvii, book iv. The desire for gain, however, shall not be allowed to cause the Indians to send out of any province the products necessary for its conservation. This may be prohibited with the consent of the father minister, from whom the alcalde-mayor shall ask a certification for his own protection. Without that certification, he shall not make such prohibition, under penalty of the penalties of the preceding ordinance. The natives shall pay no fees for the privilege of interprovincial trade; and, if any alcalde-mayor violates this, he shall incur a fine of 100 pesos, besides the responsibility of making good all the loss occasioned by his action. This shall also be a charge in the residencia.]71. [This ordinance relates to the encouragement of the increase of the produce of each province, for which all alcaldes-mayor and other officials must work, under penalty of punishment for neglect and disobedience. The products best suited for each province are to be especially encouraged, whether of useful trees, wheat, and other grains, vegetables, cotton, pepper, etc., or domestic cattle. Each Indian shall have at least twelve hens and one cock, and one sow for breeding purposes. Factories for the making of textiles and rigging shall be encouraged and increased. Alcaldes-mayor shall strive especially to wipe out the vice of laziness—which is the chief vice among the Indians, and the origin of all their other vices—by mild means, but if necessary by harsh ones, as this is so important for the general good, in accordance with law xxi, título i, book vi. Thosewho do not, within two years, work in their fields and gardens and cultivate their lands shall lose them. Especial care shall be taken of this during the visit, and annual reports shall be made by the alcaldes-mayor, who shall be careful to state increase.]72. [Similar to old ordinance 32 (q.v., ante, p. 211).]73. [Since the laziness of the Indians is so prejudicial and the origin of many vices, especially incontinence and theft; and since it is against law xxi, título i, book vi of theRecopilación, to permit laziness among them: it is ordered that all Indians engage in some work, either the cultivation of land or the rearing of cattle, as outlined in ordinance 71. Gobernadorcillos shall be ordered to watch carefully to see that this ordinance is obeyed, and alcaldes-mayor shall verify their statements at the time of the visit. Lazy Indians shall be forced to labor at the public and royal works of the province for so long a time as the alcalde-mayor shall determine. Lands of the villages allowed to lie uncultivated for one year shall be taken from their owners, and given to other Indians who are more industrious, in accordance with law xi, título xii, book iv.]74. [Alcaldes-mayor shall prefer for all honorable posts, such as that of gobernadorcillo, those Indians who are most industrious in the cultivation of their lands, the planting of trees, and manufactures, reporting the same to the superior government.]75. [In view of the many infractions of old ordinance 37 (q.v., ante, pp. 213–215), that ordinance is repeated with strict orders of observance, under penalty of loss of office, a fine of 500 pesos, and charge in the residencia.]76. [This ordinance cites old ordinance 16 (q.v., ante, pp. 199–203), but adds that the new order of the royal decree of April 17, 1766 must be observed. This decree orders that all the Catholic Sangleys who committed excesses during the time when the English occupied Manila shall be expelled from the Philippines, only true Christians being allowed to remain, according to law viii, título xviii, book vi of theRecopilación. These Sangleys are to be assigned to the respective territories and villages which are deemed best. They shall not be allowed to carry weapons of any sort, and shall be employed only in agriculture and the trades. They shall not be allowed to leave their respective villages except by permission of the justice, governor, or alcalde-mayor to whom they are subject, under penalty of perpetual exile from his Majesty’s domains.]77. [Old ordinances 20 and 21 (q.v., ante, pp. 204–206), which are in accordance with law xxii, título iii, book vi, of theRecopilaciónare repealed by ordinance 52 of the present ordinances; and Spaniards are permitted to live among the Indians (as seems in harmony with law xviii, título xv, book i), the alcaldes being ordered to see that they live as good Christians. Since experience demonstrates that the residence of Spaniards in the provinces is advantageous for the instruction of the Indians in the Spanish language, for the cultivation of their products, and for the encouragement of their trade (in accordance with law xxiv, título i, book vi), the alcaldes-mayor are ordered to aid the Spaniards resident in their provinces as much as possible, and to forbid residence therein only of those who are vicious and mischievous.]78. [Similar to old ordinance 28 (q.v., ante, p. 209).]79. [This ordinance prescribes the method of holding the elections for gobernadorcillos (see old ordinance 27,ante, pp. 208, 209). Elections shall be held at the beginning of each year, in the royal buildings, and nowhere else. If held elsewhere, they shall be considered null and void, according to Arandía’s ordinance no. 11; and the alcalde or justice violating this order shall be fined, and the notary making the records shall lose his office. The voters in the elections shall be the twelve senior cabezas de barangay. If any of these are absent, by reason of sickness or other cause, the number shall be completed from the other cabezas de barangay, observing strict seniority always. If there are not enough cabezas de barangay, the number of twelve voters shall be completed from the senior notables of the village. With these the retiring gobernadorcillo shall vote, and they shall nominate three trustworthy persons for the post of gobernadorcillo, reporting the number of votes received by each. These nominees must be able to read, write, and speak Spanish. The ballot shall be secret, and be attested by the notary. The alcalde-mayor or the justice shall preside at the election, and the father minister may be present “if he please, in order to represent what he considers advisable, and for no other end.” The results of the election shall be sent, stamped and sealed, to the secretary of the superior government, and the appointment of gobernadorcillo shall be made from Manila, and the proper title despatched, while the other officials necessary shall be appointed as heretofore. This applies to the provinces of Tondo,Laguna, Cavite, Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces distant from Manila, elections shall be held in the same manner, and appointments made by the alcaldes-mayor or justices, who shall be furnished with blank titles, which they shall fill out. No man shall assume office without the proper credentials. Names of all appointees shall be sent to the superior government and entered in the proper books, as well as the fees of the credentials and stamped paper. The fees of media-anata shall be collected from all gobernadorcillos and other officials, the amount of such fees being entered in the royal treasury annually. The royal officials, on their part, shall see that all fees are paid, and shall ascertain from the alcaldes and justices the number of gobernadorcillos in the various jurisdictions, so that they may check up the records properly.]80. [Retiring gobernadorcillos shall hold office until all fees have been met by the newly-elected gobernadorcillos.]81. [Cabezas de barangay may be elected to the post of gobernadorcillo without ceasing to act in the former capacity, according to Arandía’s ordinance, no. 21.]82. [Those becoming cabezas de barangay by inheritance shall obtain their credentials from the superior government, asking for the same with the accompanying report of the alcaldes, or the persons by whom they shall have been proposed. The district of each cabeza de barangay shall contain not less than forty-five or fifty tributes.]83. [Since the houses of the Indians are so scattered, and there is so great lack of zeal in reducingthem “under the bells,” as is ordered by the laws and by many royal decrees, many spiritual and temporal wrongs are caused the Indians. For they do not attend church, and it is impossible often to attend the sick and give them the sacraments, so that many of them die without the consolation of religion. It is impossible to learn the sins committed, or the exact number of those who should pay tribute. Under penalty of being punished as enemies to the state, alcaldes-mayor are ordered to reduce the natives into villages. They shall not allow any house to be more than one-half league from a church; and, on the other hand, shall not allow them to be built so close together that there is danger of fire. Reports of what has been done in this shall be sent to the superior government annually, under penalty of a fine of 100 pesos. The ecclesiastical superiors are requested (in accordance with laws ii and iii, título iii, book vi of theRecopilación), to order their subjects to lend all the aid possible in the reduction. Any opposition offered shall be considered just cause for the ends proposed in law xiii, título xv, book i.]84. [When the reduction of the villages is completed, the gobernadorcillo of each village shall take charge of the collection of the tribute, as compensation for which he shall be given one-half of one per cent. He shall report promptly to the alcaldes, under pain of loss of office, to which the deputies shall succeed. This method will relieve the cabezas de barangay from the collection, and the latter shall be included in the lists and pay tribute also, which will amount to a considerable increase to the royal treasury.]85. [To obviate the harm resulting from thefather ministers meddling in concerns of temporal government (contrary to law lxvi, título xiv, book i of theRecopilación), alcaldes-mayor are ordered not to allow any usurpation of their office. All measures advocated by the father ministers in behalf of the Indians, spiritually and temporally, shall be presented to the alcaldes-mayor and other justices in a respectful manner, and shall receive respectful consideration, so that the Indians may receive a good example thereby, and pay the proper respect to each one. If the alcaldes are unable to check attempted usurpation, they shall report the same to the superior government, which will take the necessary measures. The father ministers shall, on their side, present grievances against the alcaldes and other justices who do not attend sufficiently to their recommendations for the spiritual and temporal welfare of the Indians, to their superiors, if they do not wish to do so directly to the government, who shall take the matter up with the proper authorities. Observance of this ordinance is urged on the secular and regular superiors.]86. [Alcaldes-mayor must treat the gobernadorcillos with all the respect due their office, such as never allowing them to stand, in their houses or other places. Also gobernadorcillos shall be punished if they do not fulfil their duties with honor, and properly.]87. [Alcaldes are also ordered to see that the gobernadorcillos are treated respectfully by the father ministers, “and shall not allow the latter to lash, punish, or maltreat them, nor leave them standing, or cause them to leave the baton at the street-door when they go to see the father curas or missionaries,as this is contrary to the honor and respect of justice. Neither shall they allow them to serve the plates in the masses of said fathers, as ministers of justice ought not to be employed in that service, or others like it, which are suitable only for servants.” All ecclesiastical superiors are ordered to charge all their subjects not to violate these regulations, and all the gobernadorcillos and officers of justice shall be notified that they are not to remain standing before the father ministers; that they are to go to visit them without leaving the baton of justice behind; not to serve at the masses; and not to leave the territory of their respective villages, even under pretext of accompanying the father minister, the alcalde, or any other person—under penalty of loss of their post, disqualification from holding any office of justice in the future, and two months’ imprisonment.]88. [On their part the alcaldes, while preserving the necessary respect toward justice, must maintain due respect for the priestly office, and seek always to promote good relations with the father ministers.]89. [Arandía’s ordinance, no. 10, ordering alcaldes and justices to treat with the father ministers only in writing and to visit them only when accompanied, is repealed, as it is contrary to law lxv, título xiv, book i, of theRecopilación. The ecclesiastical superiors shall do their utmost to restrain their subjects within the bounds of moderation. Frequent visits between the alcaldes, gobernadorcillos, and other justices, and the father ministers are recommended. In this intercourse, however, the gobernadorcillos shall be ruled in temporal affairs by the orders and commands of the alcaldes-mayor, but are to maintain due respect to the father ministers—whoshall not meddle with matters of secular government, but shall take the measures advisable for the spiritual welfare of the Indians.]90. [Ecclesiastical superiors shall be requested to order their subjects to preach frequently to the Indians concerning their obligation of paying the tribute, and the indulgences that they obtain by taking the bull of the holy Crusade, in view of the many troubles arising from the lack of instruction in these two points “so important for their salvation, so in accordance with the intention of our Catholic monarch, and suitable to the zeal of good ministers of instruction, and of faithful vassals of his Majesty.”]91. The sumptuousness of the buildings, the churches, and houses of the missionaries, mistakenly called convents, is one of the burdens which the Indians unjustly suffer, and which, according to a very laudable opinion, contributes greatly to their desolation. Moreover, since it is apparent by the experience of the past war, what harm said buildings have occasioned, as they serve as shelter and defense to enemies, it is declared that buildings of stone and tile shall not be permitted in the provinces where there is danger of enemies, but only those of boards and nipa;17and where it is considered advisable bythe superior government to permit them, a fixed rule shall be given, ordering that the houses of the missionary ministers be of moderate style, and in harmony with the plan which must be sent to each alcalde-mayor—with orders to demolish those which shall be built new without the necessary licenses, in case that they exceed the limits of the said plan. [This is in harmony with the royal decree, dated Madrid, June 18, 1767. The terms of ordinance 67 shall be observed until other regulations are provided.]92. [While there is great excess in the sumptuousness of the houses of the missionaries, there is a corresponding degree of ruin and dilapidation in the royal buildings throughout the islands. Many are in so poor condition that they are unfit for habitation, and travelers and alcaldes-mayor are caused great hardship in their journeys through the villages. Often it is impossible for the latter to visit their jurisdiction for the lack of royal buildings; and, because of trouble with the missionaries, they cannot live in the convents. Still more disagreeable is it for ministers of the royal Audiencia to exercise their commissions in the provinces, for it is not in harmony with their dignity or good for their health for them to lodge in places unsuitable for habitation; whilelaw lxxxix, título xvi, book ii, forbids them to take lodging in the convents. In consequence of this it is ordered that all villages, especially the capitals of the provinces, erect suitable royal buildings, in accordance with plans that will be issued by the superior government. These shall be kept in repair, and in them the gobernadorcillos shall hold their courts and shall have their prisons.]93. [According to old ordinance 52 (q.v., ante, pp. 223, 224), and to Arandia’s ordinance, no. 17, it is strictly ordered that the alcaldes-mayor request the father ministers to exert themselves, so far as it concerns them, to establish schoolmasters in all villages, who shall teach the Indians to read and write in Spanish, and the Christian doctrine and other prayers, in accordance with the royal decree of June 5, 1574. The pay of the masters shall be one peso and one cavan of rice per month, but may be increased at the option of the alcaldes-mayor; and it shall be paid from the communal treasuries of the villages (see no. 25 of the present ordinances). If the masters do not teach and instruct the Indians in Spanish, they shall make restitution of all the pay that they have received, be incapacitated from all employment in the islands, and punished at the will of the alcaldes-mayor. This matter shall constitute a factor in the visits of the alcaldes-mayor, and if any persons oppose the teaching of Spanish, they shall be proceeded against according to law. Neglect on the part of the alcaldes shall incur punishment in proportion to its degree. As yet but little zeal has been shown in this matter, and there has been a total lack of observance of law xviii, título i, book vi, of theRecopilación, which is in harmony with many royal decrees.]94. [The visitas or chapels in villages, besides being unnecessary for divine worship, which is to be held in the churches where the Indians can attend, are a burden on the Indians, by reason of the expenses incurred in their building and repairs, and the increase of feast days (although there should only be the three permitted by the government), fees, and alms, which must be paid to the curas and missionaries. Consequently, alcaldes-mayor are ordered, at the time of their visit, to report to the superior government all the visitas in their jurisdictions where the sacrifice of the mass is celebrated; with what authority and license they are established; the distance from each visita to the church of the village; the advantages derived from them; the expenses, fees, and alms contributed by the natives; and all other matters connected with them. No visita shall be established without the sanction of the superior government.]All the above sections contained in this royal ordinance shall be observed and complied with by the governors, alcaldes-mayor, and corregidors of the provinces of these islands, and by each of the persons mentioned therein—with warning that, if they do not execute them, they shall be punished according to the penalties imposed in them. Given in the city of Manila, and the royal hall of the assembly thereof, February 26, 1768.Don Jose RaonFrancisco Enriquez de Villa CortaManuel Galvan Y VenturaRegistered,José Raon(seal)By the grand chancellor,José Raon[Then follows the short statement of the government secretary, Ramon de Orendain, who had the ordinances written down at the order of the Audiencia. This is succeeded by an act of the Audiencia, dated February 26, 1768, enjoining strict observance of these ordinances which were ordered to be formulated by royal decrees of December 4 and 23, 1760. Those decrees ordered the revision of the ordinances of Governor Arandía. In order that all persons may not plead ignorance of them, they were ordered to be registered in both accountancies, and in the government secretary’s office, and copies were to be sent to each alcalde-mayor, corregidor, and justice.18These copies were to be translated into the native languages of the different jurisdictions, and the archives of each village was to have a copy. Other copies were ordered to be sent to the bishops and the father provincials of the several orders, so that they might order obedience on the part of their subjects, who are not to meddle in governmental matters. Last is the attestation of Orendain as to the accuracyof the copy, which bears date Manila, June 14, 1768, and which was sent to the castellan of the port of Cavite.]
16. [The alcaldes-mayor shall send annual reports to the superior government whether the sacrament has been administered in their houses to sick Indians, whether this has been neglected by any curas and missionaries, or whether the latter have caused the sick to go to the churches to receive it. If they have been thus remiss, the stipends shall not be given them, and if paid them by the alcaldes-mayor shall not be credited to them (which is in accordance with law xxvi, título xiii, book i, of theRecopilación, and the royal decree of June 11, 1704, which is, however, not to be observed in general).]17. [The Indians are to have the administration,teaching, and instruction necessary, but are not to be molested and vexed unjustly by the curas and missionaries (seeRecopilación, título xiii, book i). They must not be assessed anything, or such assessment shall be discounted from the stipends of the curas and missionaries.]18. [In view of the poverty of the royal treasury, and the opulence of the curas and missionaries, who receive excessive stipends—since, although a village may have but one parish priest, he may collect two, three, four, or more stipends, according to the number of tributes—it is ordered that but one stipend be paid in each village, notwithstanding its size (in the same manner as if it had only five hundred tributes): The money saved thereby shall be paid out to the benefit of the public cause.]19. [Law i, título iv, book vi, of theRecopilación, recommends that the communal fund of the native villages be an object of especial attention, and that one real from each whole tribute be paid into it. The collection for this is to be made by the alcaldes-mayor under bond, and they must report and send amounts to the royal treasury, distinctly stating the amount belonging to each village. The royal officials are to enter this account under separate headings, as provided by laws ix and xi of the above título; and this fund must be reserved for the purposes expressly stated by the superior government.]20. [When the amount of the communal funds has reached a sufficient figure, one of the auditors especially appointed by the superior government shall with the fiscal and royal officials purchase annuities or invest the money in sea or land enterprises. The gain therefrom shall be applied to the maintenanceof seminaries for Indians of both sexes, “which ought to be established in each province for the education and secular and Christian instruction of their natives, as the only means by which they can be instructed perfectly in the mysteries of our holy faith, and so that they may be good Christians and better vassals.” This is according to laws xvii-xix, título iii, book i, of theRecopilación.]21. [Neither the alcaldes-mayor nor any other person may, without special government permission, spend anything from the communal funds, outside of the common obligations of each village—namely, expenses for cantors, sacristans, and the porter of the churches; the schoolmaster; the election fees of the gobernadorcillos, and their salaries; and the three per cent paid for the collections of the communal funds.]22. [Each village shall have a chart showing the condition of its communal funds. This shall show receipts and the fixed expenses as above outlined.]23. [Each alcalde shall leave his successor a record of said chart, taking a receipt for the same in order to present it to the royal accountancy. This shall be compared later by the royal officials with the accounts as handed in by his successor.]24. [Villages of more than 500 tributes shall have eight cantors, two sacristans, and one porter, each of whom shall be paid from the communal funds the customary amount of rice annually, namely, 4 fanégas of palay of 48 gantas. Villages of 400 tributes shall have six cantors; 300, five; 200, four; and no village shall have less than the last figure. All churches having a cura or missionary shall have two sacristans and one porter. There hasbeen much abuse in this matter, and the alcaldes-mayor are cautioned to have especial care in enforcing this ordinance, under penalty of a fine of 200 pesos.]25. [It is important that each village have good teachers to instruct the Indians in the Spanish language; but the monthly salary granted to teachers by the communal fund, namely, one peso and one cavan of rice, is very little. Consequently, the alcaldes, with the aid of the curas and missionaries, are ordered to regulate the salaries in proportion to the tributes, reporting the same to the superior government and the royal accountancy, so that better teachers may be secured and law xviii, título i, book vi, of theRecopilación, may be better realized.]26. [The law enacted by Governor Arandía, arranging for the expenses of media-anata and title of certain poor and old notables to be taken from the communal funds of the villages, in order that such men might serve as gobernadorcillos and the villages not be deprived of their services, is to be observed, the only condition being that the poverty must be very great, and such men very useful to the community.]27. [No Indiantanoresshall be set aside for the service of the curas, missionaries, alcaldes-mayor, or any other person, except those mentioned in ordinance 24. Those serving as cooks and servants shall not be exempt from tribute, polos, or personal services; nor shall they serve against their will. They shall receive the pay fixed by law, and accustomed to be paid to private individuals, according to law lxxxi, título xiv, book i, of theRecopilación.]28. [If the curas and missionaries need rowersfor the administration of the sacraments, and the alcaldes-mayor, for matters of the royal service, they shall not pay the Indians for such service, and shall allot said rowers by polos. Otherwise, each rower shall be paid one-half real per day and his food between Manila and Mariveles; beyond, the pay shall be regulated according to the tariffs of the various provinces.]29. [Eightbaguntaosshall be chosen in each large village each week to accompany the most holy sacrament, when it is taken to the houses of the sick, and to aid in the mass, and other matters of the divine service. Villages of five hundred tributes shall have sixbaguntaos, and smaller ones, four. They shall receive no pay, but shall not be employed in other matters, unless they are paid therefor, under penalty of deprivation of office to the gobernadorcillo or judicial official who permits it; and the alcalde-mayor who is aware of this and does not remedy it, shall pay the amount due such Indians, and a fine four times as great.]30. [Girls and women must not be employed in the missions in pounding rice among the men; neither shall they be employed to sweep the cemeteries of the churches, or the houses of the curas and missionaries; for this results often in great sin, and is contrary to the laws of the kingdom, especially law xi, título xiii, book i, of theRecopilación. Alcaldes-mayor shall not permit this under a charge of the same in their residencia, and a fine of 500 pesos, in accordance with the ordinance of November 23, 1757, which was enacted because of the many complaints. Those suitable for such duties are the old and crippled who have been exempted from tribute, and the schoolboys (of whom the curas maymake use freely so long as they are schoolboys, but no longer.) Alcaldes-mayor shall not employ women; and gobernadorcillos shall not make use of the services of schoolboys to the detriment of their instruction.]31. [The Indians shall not be required to supply the curas, missionaries, or alcaldes with fish. If the latter permit this, they shall have to pay for the fish at a just price, and a sum four times as great as a fine, and shall be deprived of office perpetually, as transgressors of law xii, título xiii, book i, and law xxvi, título ii, book v, of theRecopilación.]32. [In order that curas and missionaries may not be compelled to go without cooks and necessary servants because the Indians are unwilling to serve them, the gobernadorcillos of the villages shall furnish men for such service (not to exceed four in the large villages). From the stipend of the curas and missionaries, they shall be paid one real per week, and be given their food. In villages too small to warrant this expense on the part of the ecclesiastics, the village shall maintain the servants, and they shall not become an expense on the royal treasury.]33. [Similar to ordinance 22 (q.v.,ante, p. 206). This ordinance adds that deprivation of office shall be the penalty to the secular person violating its orders, while the ecclesiastical person who violates it shall be proceeded against according to law.]34. [Similar to ordinance 9 (q.v.,ante, pp. 197, 198). The prices in Tondo and the coast of Manila are as follows: “one hen, one and one-half reals; one dumalaga, three cuartillos; and one chick, four granos.” This ordinance is in accordance with law i, título xvii, book iv.]35. [This ordinance cites and reiterates ordinance42 of the old regulations (q.v.,ante, p. 219), and is in accordance with law xliii, título vii, book i of theRecopilación.]36. [Alcaldes-mayor and census-takers shall not exact the two reals from the natives which they are accustomed to take as a fee for enumerating them, under penalty of a fine of 500 pesos, and a sum four times as great as that they shall be proved to have taken. This ordinance shall be a special charge in the residencia.]37. [Alcaldes-mayor shall be governed by law xxix, título viii, book v, of theRecopilaciónin regard to fees for suits and other matters. The government secretary shall send a list of all fees that may be received to all the provinces, which shall be translated into the native languages and published by proclamation, and posted in the court, so that the Indians may know their rights and make the proper complaint at the time of the residencia. The employees of the royal treasury are liable for the fees which they also exact unlawfully, and which they are accustomed to take from the cabezas de barangay and the other natives.]38. [Similar to ordinance 8, of the old ordinances (q.v.,ante, pp. 196, 197).]39. [Similar to ordinance 24, of the old ordinances (q.v.,ante, pp. 206, 207). This ordinance in its several parts is in accordance with laws ii and xxi, título vi, book vii, of theRecopilación.]40. [This ordinance forbids alcaldes, justices, gobernadorcillos, and officials of the villages to impose any tax on the Indians. It is similar to ordinance 5 of the old ordinances (q.v.,ante, p. 195), and is in accordance with law vi, título xv, book iv of theRecopilación.]41. [No tax shall be imposed on the Indians such as has been the custom, for taking clay from any common place with which to make vessels, or for the manufacture of salt, or an annual payment for each beast or tree that they own, or other unjust impositions. The alcaldes-mayor shall report all such exactions.]42. [Similar to ordinance 11 of the old ordinances (q.v.,ante, p. 198), which is in accordance with law xxii, título xiv, book i, law xi, título xvi, of the same book, and law xxxvi, título iii, book iii, of theRecopilación.]43. [Similar to ordinance 14 of the old ordinances (q.v.,ante, p. 199).]44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of theRecopilación.]45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]46. [This ordinance cites ordinance 41 of the old ordinances (q.v.,ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought—as, under the system of collection by the priests, confession is often denied until payment is made—it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v.,ante, pp. 210, 211).]48. [Inquiry shall be made as to whether anyBilitaosandCasonosare exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry,maganitos[i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]49. [Ordinance 43 of the old ordinances (q.v.,ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses forgambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month’s imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, anotherten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated.14]52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga,15under penalty of paying a fine four times as large.]53. [The territory of native reductions and villages is declared communal, and at the time of the erection of any village, lands must be apportioned to the Indians, according to law viii, título iii, book vi of theRecopilación. No land-tax or rent is to be paid for such land, it being the royal will (law xliv, título xii, book iv) that the Indians have lands allotted to them for planting and working, as ordered in laws xxi and xxiii, título i, book vi, and law xiv, título xii, book iv.16These lands may not be soldwithout permission, some advantage gained thereby, and the intervention of the royal fiscal, as prescribed in law xxvii, título i, book vi, law xxxvi, título xviii, book ii, and law xvi, título xii, book iv. If claim is made to the lands by any Spaniard or mestizo, or any secular or ecclesiastical community, they shall prove their claims in a short limit of time before the alcaldes-mayor, who shall forward the records to the royal Audiencia for its decision. If their titles are not presented within that limit, the Audiencia shall also judge the legitimacy of the claim. It has always been the royal purpose that lands shall not be sold or apportioned to the injury of the Indians and their reductions; and it is prescribed by laws vii, ix, xvii, and xviii, título xii, book iv, that lands given to the injury of the Indians shall be restored to their owners. Lands belonging to Indians who die without heirs revert by law xxx, título i, book vi, to the king; and it is prohibited by law x, título xii, book iv, that lands allotted to explorers or settlers be sold to ecclesiastical communities or persons, under penalty of being confiscated and allotted to others. This ordinance is to be observed by alcaldes and ministers of justice under severe penalties, and it is to be published by proclamation in the villages, for it is of great importance to the state that all the Indians have the necessary lands. Individual mention is to be made of those villages that do not have such lands and the government will provide them so far as possible, giving the lands to those who possess them with just title. In addition to the landswhich the Indians ought to have in their private capacity, each village ought to possess communal lands which are to be cultivated for the common benefit, and the products of which are to be incorporated in the communal fund—from which roads can be repaired, highways and bridges built, the royal buildings repaired, and other necessary works carried on without any burden to the Indians.]54. [Indians employed on any of the public works shall labor only from the rising to the setting sun, with one and one-half or two hours for rest at midday. The rest of the time they must be made to work diligently. If any pressing necessity requires, however, such as the making of rigging, or other things for the royal service, alcaldes-mayor are empowered to lengthen the hours of labor, making the work as easy as possible for the Indians, and increasing the pay proportionally with the hours. Likewise, if the hours are diminished, the pay shall be proportionally diminished.]55. [Much trouble is caused by the actions of various officials in regard to the allotment of Indians for the cutting of timber and other royal services, because they accept a money payment of five pesos, three reals from many who are thereby excused from taking part therein—a sum which is kept by the said officials. Besides, they collect from the royal treasury the amount of the rations that the total number of Indians would use. In order to stop this practice, it is commanded that all the Indians allotted to any royal service, or their substitutes, take part in it. This is the only way in which to prevent the frauds practiced by the cabezas de barangay and the foremen of the cutting gangs. Alcaldes, justices, andofficials of the villages are to obey this ordinance strictly, under penalty of deprivation of office, a fine four times as great as the amount of the loss occasioned by them, and a further fine of 500 pesos, imposed on the alcaldes. The latter shall get a statement from the father chaplain and the foreman of the cutting gang, of the number of Indians of his province who take part in the cutting, and shall report the same to the superior government]56. [The Indians are prohibited from wearing gold and silver ornaments on their clothes, unless the gold and silver is wrought by a goldsmith or by a silversmith, under the penalty that the Indian timaua wearing such shall be punished with fifty stripes, and confiscation of the clothes so ornamented; while the chief shall be imprisoned for one month, and his clothes so adorned shall be confiscated. The second offense shall be double this, besides some money fine.]57. [Similar to old ordinance 10 (q.v., ante, p. 198). Stress is laid on the rivers coming to Manila from the provinces of Laguna, Pampanga, and Bulacan.]58. [Similar to old ordinance 33 (q.v., ante, p. 211).]59. [Similar to old ordinance 23 (q.v., ante, p. 206).]60. [Similar to old ordinance 25 (q.v., ante, p. 207).]61. [In part the same as old ordinance 26 (q.v., ante, pp. 207, 208). This ordinance provides in addition as follows. Alcaldes-mayor, in whose charge, according to the new rules, the distribution of the bulls of the Crusade have been placed, are to appoint ascollectors and treasurers (prescribed by ordinance 11 of the Crusade instructions) either the gobernadorcillo or one of the cabezas de barangay of the respective villages, and not any Indian who pays tribute; for since the former are the most prominent men in the village and the responsibility of the tributes, as collectors and treasurers, devolves on them, this will result in greater profit to the royal treasury. Each appointment made by the alcaldes in violation of this order shall incur a penalty of 100 pesos.]62. [Similar to old ordinance 7 (q.v., ante, p. 196). This ordinance adds: “And if the alcaldes do not comply with all the contents of this section, and of laws xi, xiii, xv-xvii, xix, xxii-xxiv, xxvi, xxviii, xxix, and xlii, título ii, book v, of theRecopilación de Indias, a charge as infractors of this section will be made against them in their residencia.”]63. [This ordinance contains the prescriptions of old ordinances 53–60 (q.v., ante, pp. 224–226).]64. [Alcaldes-mayor, within three months after having suffered their residencia, shall go to Manila, and their successors shall compel them to this step, in order that they may present their accounts of the royal revenues. If they stay in the provinces thirty days after the conclusion of their residencia, they and their successors shall be fined 1,000 pesos.]65. [This ordinance cites old ordinance 36 in full (q.v., ante, p. 213), and prescribes its observance.]66. [Since but little profit has been obtained from the raids allowed to be made according to old ordinance 35 (q.v., ante, pp. 212, 213), as they are made with Indians who have friendship and trade withthose of the mountains, and who, consequently, always give warning of such raids to the latter, while expenses roll up rapidly to no advantage, it is ordered that no raids be made in the future unless by order of the superior government. In case of necessity, the alcalde-mayor shall report to the superior government the necessity for the raid, the number of men necessary, the time it will take, and the expense, his report to be accompanied by a certified statement of the cura or missionary. In case time will not permit the awaiting of special orders from the superior government, the alcalde-mayor may, with the consent of the cura or missionary, make the raid; after which he shall send full reports of the same to Manila, with certifications of the father minister, in order that the expenses may be allowed. Alcaldes-mayor shall mutually aid one another on all raids.]67. [Alcaldes-mayor or their agents shall not buy houses, lands, or ranches in the territory of their jurisdictions during the time of their office, nor allow their notaries or alguacils to do so, under penalty of 500 pesos’ fine. They shall not build nor allow to be built any boat for transportation without the express permission of the superior government; and the work of Indians thereon shall be paid at the rate of the tariff. Such construction shall be made in places having the spiritual and temporal administration, under the above penalty. The alcalde-mayor obtaining government permission, shall inform the gobernadorcillos of the villages of his province of all the conditions, so that the Indians may lodge complaint of all injuries offered them during the construction, and obtain justice therefor. The same ruleholds good for all work done for the alcalde-mayor, and payment shall be with the intervention of the father minister. Likewise work done for the latter shall be paid by him in the same manner with the intervention of the alcalde-mayor, and in absence of the latter, with that of the gobernadorcillo of the village, who shall report fully to the alcalde-mayor, so that he may remedy all abuses. This is in accord with law xi, título xiii, book i, of theRecopilación.]68. [Alcaldes-mayor, corregidors, and other officials are allowed (by a royal decree of July 17, 1751) to trade in their provinces by reason of a payment made to the government, and mistakenly called an excise tax. They shall not, on account of that privilege, injure the trade of the Spaniards and Indians of their jurisdiction, but shall allow them to trade freely, without exacting from them any payment under pretense that it is an excise tax. Nor shall they be allowed to buy at rates lower than the others. Violation of this ordinance, which is to be proclaimed annually in the villages, and to be a charge in the residencia, incurs the penalties of deprivation of office, a fine of 500 pesos, and other penalties that may be imposed.]69. [Similar to old ordinance 18 (q.v., ante, p. 203). The penalties assigned are restoration of what has been weighed or measured by unjust weights and measures, and a fine of 500 pesos to the alcalde-mayor allowing the use of such weights and measures, and the payment of the amount lost, with four times as much to the treasury.]70. [Interprovincial trade of the various products shall not be prohibited, as such prohibition is in violation of law viii, título xviii, book iv and lawxxv, título i, book vi, in accordance with which laws trade is to be encouraged. The Indians may cut timber in accordance with law xiv, título xvii, book iv. The desire for gain, however, shall not be allowed to cause the Indians to send out of any province the products necessary for its conservation. This may be prohibited with the consent of the father minister, from whom the alcalde-mayor shall ask a certification for his own protection. Without that certification, he shall not make such prohibition, under penalty of the penalties of the preceding ordinance. The natives shall pay no fees for the privilege of interprovincial trade; and, if any alcalde-mayor violates this, he shall incur a fine of 100 pesos, besides the responsibility of making good all the loss occasioned by his action. This shall also be a charge in the residencia.]71. [This ordinance relates to the encouragement of the increase of the produce of each province, for which all alcaldes-mayor and other officials must work, under penalty of punishment for neglect and disobedience. The products best suited for each province are to be especially encouraged, whether of useful trees, wheat, and other grains, vegetables, cotton, pepper, etc., or domestic cattle. Each Indian shall have at least twelve hens and one cock, and one sow for breeding purposes. Factories for the making of textiles and rigging shall be encouraged and increased. Alcaldes-mayor shall strive especially to wipe out the vice of laziness—which is the chief vice among the Indians, and the origin of all their other vices—by mild means, but if necessary by harsh ones, as this is so important for the general good, in accordance with law xxi, título i, book vi. Thosewho do not, within two years, work in their fields and gardens and cultivate their lands shall lose them. Especial care shall be taken of this during the visit, and annual reports shall be made by the alcaldes-mayor, who shall be careful to state increase.]72. [Similar to old ordinance 32 (q.v., ante, p. 211).]73. [Since the laziness of the Indians is so prejudicial and the origin of many vices, especially incontinence and theft; and since it is against law xxi, título i, book vi of theRecopilación, to permit laziness among them: it is ordered that all Indians engage in some work, either the cultivation of land or the rearing of cattle, as outlined in ordinance 71. Gobernadorcillos shall be ordered to watch carefully to see that this ordinance is obeyed, and alcaldes-mayor shall verify their statements at the time of the visit. Lazy Indians shall be forced to labor at the public and royal works of the province for so long a time as the alcalde-mayor shall determine. Lands of the villages allowed to lie uncultivated for one year shall be taken from their owners, and given to other Indians who are more industrious, in accordance with law xi, título xii, book iv.]74. [Alcaldes-mayor shall prefer for all honorable posts, such as that of gobernadorcillo, those Indians who are most industrious in the cultivation of their lands, the planting of trees, and manufactures, reporting the same to the superior government.]75. [In view of the many infractions of old ordinance 37 (q.v., ante, pp. 213–215), that ordinance is repeated with strict orders of observance, under penalty of loss of office, a fine of 500 pesos, and charge in the residencia.]76. [This ordinance cites old ordinance 16 (q.v., ante, pp. 199–203), but adds that the new order of the royal decree of April 17, 1766 must be observed. This decree orders that all the Catholic Sangleys who committed excesses during the time when the English occupied Manila shall be expelled from the Philippines, only true Christians being allowed to remain, according to law viii, título xviii, book vi of theRecopilación. These Sangleys are to be assigned to the respective territories and villages which are deemed best. They shall not be allowed to carry weapons of any sort, and shall be employed only in agriculture and the trades. They shall not be allowed to leave their respective villages except by permission of the justice, governor, or alcalde-mayor to whom they are subject, under penalty of perpetual exile from his Majesty’s domains.]77. [Old ordinances 20 and 21 (q.v., ante, pp. 204–206), which are in accordance with law xxii, título iii, book vi, of theRecopilaciónare repealed by ordinance 52 of the present ordinances; and Spaniards are permitted to live among the Indians (as seems in harmony with law xviii, título xv, book i), the alcaldes being ordered to see that they live as good Christians. Since experience demonstrates that the residence of Spaniards in the provinces is advantageous for the instruction of the Indians in the Spanish language, for the cultivation of their products, and for the encouragement of their trade (in accordance with law xxiv, título i, book vi), the alcaldes-mayor are ordered to aid the Spaniards resident in their provinces as much as possible, and to forbid residence therein only of those who are vicious and mischievous.]78. [Similar to old ordinance 28 (q.v., ante, p. 209).]79. [This ordinance prescribes the method of holding the elections for gobernadorcillos (see old ordinance 27,ante, pp. 208, 209). Elections shall be held at the beginning of each year, in the royal buildings, and nowhere else. If held elsewhere, they shall be considered null and void, according to Arandía’s ordinance no. 11; and the alcalde or justice violating this order shall be fined, and the notary making the records shall lose his office. The voters in the elections shall be the twelve senior cabezas de barangay. If any of these are absent, by reason of sickness or other cause, the number shall be completed from the other cabezas de barangay, observing strict seniority always. If there are not enough cabezas de barangay, the number of twelve voters shall be completed from the senior notables of the village. With these the retiring gobernadorcillo shall vote, and they shall nominate three trustworthy persons for the post of gobernadorcillo, reporting the number of votes received by each. These nominees must be able to read, write, and speak Spanish. The ballot shall be secret, and be attested by the notary. The alcalde-mayor or the justice shall preside at the election, and the father minister may be present “if he please, in order to represent what he considers advisable, and for no other end.” The results of the election shall be sent, stamped and sealed, to the secretary of the superior government, and the appointment of gobernadorcillo shall be made from Manila, and the proper title despatched, while the other officials necessary shall be appointed as heretofore. This applies to the provinces of Tondo,Laguna, Cavite, Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces distant from Manila, elections shall be held in the same manner, and appointments made by the alcaldes-mayor or justices, who shall be furnished with blank titles, which they shall fill out. No man shall assume office without the proper credentials. Names of all appointees shall be sent to the superior government and entered in the proper books, as well as the fees of the credentials and stamped paper. The fees of media-anata shall be collected from all gobernadorcillos and other officials, the amount of such fees being entered in the royal treasury annually. The royal officials, on their part, shall see that all fees are paid, and shall ascertain from the alcaldes and justices the number of gobernadorcillos in the various jurisdictions, so that they may check up the records properly.]80. [Retiring gobernadorcillos shall hold office until all fees have been met by the newly-elected gobernadorcillos.]81. [Cabezas de barangay may be elected to the post of gobernadorcillo without ceasing to act in the former capacity, according to Arandía’s ordinance, no. 21.]82. [Those becoming cabezas de barangay by inheritance shall obtain their credentials from the superior government, asking for the same with the accompanying report of the alcaldes, or the persons by whom they shall have been proposed. The district of each cabeza de barangay shall contain not less than forty-five or fifty tributes.]83. [Since the houses of the Indians are so scattered, and there is so great lack of zeal in reducingthem “under the bells,” as is ordered by the laws and by many royal decrees, many spiritual and temporal wrongs are caused the Indians. For they do not attend church, and it is impossible often to attend the sick and give them the sacraments, so that many of them die without the consolation of religion. It is impossible to learn the sins committed, or the exact number of those who should pay tribute. Under penalty of being punished as enemies to the state, alcaldes-mayor are ordered to reduce the natives into villages. They shall not allow any house to be more than one-half league from a church; and, on the other hand, shall not allow them to be built so close together that there is danger of fire. Reports of what has been done in this shall be sent to the superior government annually, under penalty of a fine of 100 pesos. The ecclesiastical superiors are requested (in accordance with laws ii and iii, título iii, book vi of theRecopilación), to order their subjects to lend all the aid possible in the reduction. Any opposition offered shall be considered just cause for the ends proposed in law xiii, título xv, book i.]84. [When the reduction of the villages is completed, the gobernadorcillo of each village shall take charge of the collection of the tribute, as compensation for which he shall be given one-half of one per cent. He shall report promptly to the alcaldes, under pain of loss of office, to which the deputies shall succeed. This method will relieve the cabezas de barangay from the collection, and the latter shall be included in the lists and pay tribute also, which will amount to a considerable increase to the royal treasury.]85. [To obviate the harm resulting from thefather ministers meddling in concerns of temporal government (contrary to law lxvi, título xiv, book i of theRecopilación), alcaldes-mayor are ordered not to allow any usurpation of their office. All measures advocated by the father ministers in behalf of the Indians, spiritually and temporally, shall be presented to the alcaldes-mayor and other justices in a respectful manner, and shall receive respectful consideration, so that the Indians may receive a good example thereby, and pay the proper respect to each one. If the alcaldes are unable to check attempted usurpation, they shall report the same to the superior government, which will take the necessary measures. The father ministers shall, on their side, present grievances against the alcaldes and other justices who do not attend sufficiently to their recommendations for the spiritual and temporal welfare of the Indians, to their superiors, if they do not wish to do so directly to the government, who shall take the matter up with the proper authorities. Observance of this ordinance is urged on the secular and regular superiors.]86. [Alcaldes-mayor must treat the gobernadorcillos with all the respect due their office, such as never allowing them to stand, in their houses or other places. Also gobernadorcillos shall be punished if they do not fulfil their duties with honor, and properly.]87. [Alcaldes are also ordered to see that the gobernadorcillos are treated respectfully by the father ministers, “and shall not allow the latter to lash, punish, or maltreat them, nor leave them standing, or cause them to leave the baton at the street-door when they go to see the father curas or missionaries,as this is contrary to the honor and respect of justice. Neither shall they allow them to serve the plates in the masses of said fathers, as ministers of justice ought not to be employed in that service, or others like it, which are suitable only for servants.” All ecclesiastical superiors are ordered to charge all their subjects not to violate these regulations, and all the gobernadorcillos and officers of justice shall be notified that they are not to remain standing before the father ministers; that they are to go to visit them without leaving the baton of justice behind; not to serve at the masses; and not to leave the territory of their respective villages, even under pretext of accompanying the father minister, the alcalde, or any other person—under penalty of loss of their post, disqualification from holding any office of justice in the future, and two months’ imprisonment.]88. [On their part the alcaldes, while preserving the necessary respect toward justice, must maintain due respect for the priestly office, and seek always to promote good relations with the father ministers.]89. [Arandía’s ordinance, no. 10, ordering alcaldes and justices to treat with the father ministers only in writing and to visit them only when accompanied, is repealed, as it is contrary to law lxv, título xiv, book i, of theRecopilación. The ecclesiastical superiors shall do their utmost to restrain their subjects within the bounds of moderation. Frequent visits between the alcaldes, gobernadorcillos, and other justices, and the father ministers are recommended. In this intercourse, however, the gobernadorcillos shall be ruled in temporal affairs by the orders and commands of the alcaldes-mayor, but are to maintain due respect to the father ministers—whoshall not meddle with matters of secular government, but shall take the measures advisable for the spiritual welfare of the Indians.]90. [Ecclesiastical superiors shall be requested to order their subjects to preach frequently to the Indians concerning their obligation of paying the tribute, and the indulgences that they obtain by taking the bull of the holy Crusade, in view of the many troubles arising from the lack of instruction in these two points “so important for their salvation, so in accordance with the intention of our Catholic monarch, and suitable to the zeal of good ministers of instruction, and of faithful vassals of his Majesty.”]91. The sumptuousness of the buildings, the churches, and houses of the missionaries, mistakenly called convents, is one of the burdens which the Indians unjustly suffer, and which, according to a very laudable opinion, contributes greatly to their desolation. Moreover, since it is apparent by the experience of the past war, what harm said buildings have occasioned, as they serve as shelter and defense to enemies, it is declared that buildings of stone and tile shall not be permitted in the provinces where there is danger of enemies, but only those of boards and nipa;17and where it is considered advisable bythe superior government to permit them, a fixed rule shall be given, ordering that the houses of the missionary ministers be of moderate style, and in harmony with the plan which must be sent to each alcalde-mayor—with orders to demolish those which shall be built new without the necessary licenses, in case that they exceed the limits of the said plan. [This is in harmony with the royal decree, dated Madrid, June 18, 1767. The terms of ordinance 67 shall be observed until other regulations are provided.]92. [While there is great excess in the sumptuousness of the houses of the missionaries, there is a corresponding degree of ruin and dilapidation in the royal buildings throughout the islands. Many are in so poor condition that they are unfit for habitation, and travelers and alcaldes-mayor are caused great hardship in their journeys through the villages. Often it is impossible for the latter to visit their jurisdiction for the lack of royal buildings; and, because of trouble with the missionaries, they cannot live in the convents. Still more disagreeable is it for ministers of the royal Audiencia to exercise their commissions in the provinces, for it is not in harmony with their dignity or good for their health for them to lodge in places unsuitable for habitation; whilelaw lxxxix, título xvi, book ii, forbids them to take lodging in the convents. In consequence of this it is ordered that all villages, especially the capitals of the provinces, erect suitable royal buildings, in accordance with plans that will be issued by the superior government. These shall be kept in repair, and in them the gobernadorcillos shall hold their courts and shall have their prisons.]93. [According to old ordinance 52 (q.v., ante, pp. 223, 224), and to Arandia’s ordinance, no. 17, it is strictly ordered that the alcaldes-mayor request the father ministers to exert themselves, so far as it concerns them, to establish schoolmasters in all villages, who shall teach the Indians to read and write in Spanish, and the Christian doctrine and other prayers, in accordance with the royal decree of June 5, 1574. The pay of the masters shall be one peso and one cavan of rice per month, but may be increased at the option of the alcaldes-mayor; and it shall be paid from the communal treasuries of the villages (see no. 25 of the present ordinances). If the masters do not teach and instruct the Indians in Spanish, they shall make restitution of all the pay that they have received, be incapacitated from all employment in the islands, and punished at the will of the alcaldes-mayor. This matter shall constitute a factor in the visits of the alcaldes-mayor, and if any persons oppose the teaching of Spanish, they shall be proceeded against according to law. Neglect on the part of the alcaldes shall incur punishment in proportion to its degree. As yet but little zeal has been shown in this matter, and there has been a total lack of observance of law xviii, título i, book vi, of theRecopilación, which is in harmony with many royal decrees.]94. [The visitas or chapels in villages, besides being unnecessary for divine worship, which is to be held in the churches where the Indians can attend, are a burden on the Indians, by reason of the expenses incurred in their building and repairs, and the increase of feast days (although there should only be the three permitted by the government), fees, and alms, which must be paid to the curas and missionaries. Consequently, alcaldes-mayor are ordered, at the time of their visit, to report to the superior government all the visitas in their jurisdictions where the sacrifice of the mass is celebrated; with what authority and license they are established; the distance from each visita to the church of the village; the advantages derived from them; the expenses, fees, and alms contributed by the natives; and all other matters connected with them. No visita shall be established without the sanction of the superior government.]All the above sections contained in this royal ordinance shall be observed and complied with by the governors, alcaldes-mayor, and corregidors of the provinces of these islands, and by each of the persons mentioned therein—with warning that, if they do not execute them, they shall be punished according to the penalties imposed in them. Given in the city of Manila, and the royal hall of the assembly thereof, February 26, 1768.Don Jose RaonFrancisco Enriquez de Villa CortaManuel Galvan Y VenturaRegistered,José Raon(seal)By the grand chancellor,José Raon[Then follows the short statement of the government secretary, Ramon de Orendain, who had the ordinances written down at the order of the Audiencia. This is succeeded by an act of the Audiencia, dated February 26, 1768, enjoining strict observance of these ordinances which were ordered to be formulated by royal decrees of December 4 and 23, 1760. Those decrees ordered the revision of the ordinances of Governor Arandía. In order that all persons may not plead ignorance of them, they were ordered to be registered in both accountancies, and in the government secretary’s office, and copies were to be sent to each alcalde-mayor, corregidor, and justice.18These copies were to be translated into the native languages of the different jurisdictions, and the archives of each village was to have a copy. Other copies were ordered to be sent to the bishops and the father provincials of the several orders, so that they might order obedience on the part of their subjects, who are not to meddle in governmental matters. Last is the attestation of Orendain as to the accuracyof the copy, which bears date Manila, June 14, 1768, and which was sent to the castellan of the port of Cavite.]
16. [The alcaldes-mayor shall send annual reports to the superior government whether the sacrament has been administered in their houses to sick Indians, whether this has been neglected by any curas and missionaries, or whether the latter have caused the sick to go to the churches to receive it. If they have been thus remiss, the stipends shall not be given them, and if paid them by the alcaldes-mayor shall not be credited to them (which is in accordance with law xxvi, título xiii, book i, of theRecopilación, and the royal decree of June 11, 1704, which is, however, not to be observed in general).]17. [The Indians are to have the administration,teaching, and instruction necessary, but are not to be molested and vexed unjustly by the curas and missionaries (seeRecopilación, título xiii, book i). They must not be assessed anything, or such assessment shall be discounted from the stipends of the curas and missionaries.]18. [In view of the poverty of the royal treasury, and the opulence of the curas and missionaries, who receive excessive stipends—since, although a village may have but one parish priest, he may collect two, three, four, or more stipends, according to the number of tributes—it is ordered that but one stipend be paid in each village, notwithstanding its size (in the same manner as if it had only five hundred tributes): The money saved thereby shall be paid out to the benefit of the public cause.]19. [Law i, título iv, book vi, of theRecopilación, recommends that the communal fund of the native villages be an object of especial attention, and that one real from each whole tribute be paid into it. The collection for this is to be made by the alcaldes-mayor under bond, and they must report and send amounts to the royal treasury, distinctly stating the amount belonging to each village. The royal officials are to enter this account under separate headings, as provided by laws ix and xi of the above título; and this fund must be reserved for the purposes expressly stated by the superior government.]20. [When the amount of the communal funds has reached a sufficient figure, one of the auditors especially appointed by the superior government shall with the fiscal and royal officials purchase annuities or invest the money in sea or land enterprises. The gain therefrom shall be applied to the maintenanceof seminaries for Indians of both sexes, “which ought to be established in each province for the education and secular and Christian instruction of their natives, as the only means by which they can be instructed perfectly in the mysteries of our holy faith, and so that they may be good Christians and better vassals.” This is according to laws xvii-xix, título iii, book i, of theRecopilación.]21. [Neither the alcaldes-mayor nor any other person may, without special government permission, spend anything from the communal funds, outside of the common obligations of each village—namely, expenses for cantors, sacristans, and the porter of the churches; the schoolmaster; the election fees of the gobernadorcillos, and their salaries; and the three per cent paid for the collections of the communal funds.]22. [Each village shall have a chart showing the condition of its communal funds. This shall show receipts and the fixed expenses as above outlined.]23. [Each alcalde shall leave his successor a record of said chart, taking a receipt for the same in order to present it to the royal accountancy. This shall be compared later by the royal officials with the accounts as handed in by his successor.]24. [Villages of more than 500 tributes shall have eight cantors, two sacristans, and one porter, each of whom shall be paid from the communal funds the customary amount of rice annually, namely, 4 fanégas of palay of 48 gantas. Villages of 400 tributes shall have six cantors; 300, five; 200, four; and no village shall have less than the last figure. All churches having a cura or missionary shall have two sacristans and one porter. There hasbeen much abuse in this matter, and the alcaldes-mayor are cautioned to have especial care in enforcing this ordinance, under penalty of a fine of 200 pesos.]25. [It is important that each village have good teachers to instruct the Indians in the Spanish language; but the monthly salary granted to teachers by the communal fund, namely, one peso and one cavan of rice, is very little. Consequently, the alcaldes, with the aid of the curas and missionaries, are ordered to regulate the salaries in proportion to the tributes, reporting the same to the superior government and the royal accountancy, so that better teachers may be secured and law xviii, título i, book vi, of theRecopilación, may be better realized.]26. [The law enacted by Governor Arandía, arranging for the expenses of media-anata and title of certain poor and old notables to be taken from the communal funds of the villages, in order that such men might serve as gobernadorcillos and the villages not be deprived of their services, is to be observed, the only condition being that the poverty must be very great, and such men very useful to the community.]27. [No Indiantanoresshall be set aside for the service of the curas, missionaries, alcaldes-mayor, or any other person, except those mentioned in ordinance 24. Those serving as cooks and servants shall not be exempt from tribute, polos, or personal services; nor shall they serve against their will. They shall receive the pay fixed by law, and accustomed to be paid to private individuals, according to law lxxxi, título xiv, book i, of theRecopilación.]28. [If the curas and missionaries need rowersfor the administration of the sacraments, and the alcaldes-mayor, for matters of the royal service, they shall not pay the Indians for such service, and shall allot said rowers by polos. Otherwise, each rower shall be paid one-half real per day and his food between Manila and Mariveles; beyond, the pay shall be regulated according to the tariffs of the various provinces.]29. [Eightbaguntaosshall be chosen in each large village each week to accompany the most holy sacrament, when it is taken to the houses of the sick, and to aid in the mass, and other matters of the divine service. Villages of five hundred tributes shall have sixbaguntaos, and smaller ones, four. They shall receive no pay, but shall not be employed in other matters, unless they are paid therefor, under penalty of deprivation of office to the gobernadorcillo or judicial official who permits it; and the alcalde-mayor who is aware of this and does not remedy it, shall pay the amount due such Indians, and a fine four times as great.]30. [Girls and women must not be employed in the missions in pounding rice among the men; neither shall they be employed to sweep the cemeteries of the churches, or the houses of the curas and missionaries; for this results often in great sin, and is contrary to the laws of the kingdom, especially law xi, título xiii, book i, of theRecopilación. Alcaldes-mayor shall not permit this under a charge of the same in their residencia, and a fine of 500 pesos, in accordance with the ordinance of November 23, 1757, which was enacted because of the many complaints. Those suitable for such duties are the old and crippled who have been exempted from tribute, and the schoolboys (of whom the curas maymake use freely so long as they are schoolboys, but no longer.) Alcaldes-mayor shall not employ women; and gobernadorcillos shall not make use of the services of schoolboys to the detriment of their instruction.]31. [The Indians shall not be required to supply the curas, missionaries, or alcaldes with fish. If the latter permit this, they shall have to pay for the fish at a just price, and a sum four times as great as a fine, and shall be deprived of office perpetually, as transgressors of law xii, título xiii, book i, and law xxvi, título ii, book v, of theRecopilación.]32. [In order that curas and missionaries may not be compelled to go without cooks and necessary servants because the Indians are unwilling to serve them, the gobernadorcillos of the villages shall furnish men for such service (not to exceed four in the large villages). From the stipend of the curas and missionaries, they shall be paid one real per week, and be given their food. In villages too small to warrant this expense on the part of the ecclesiastics, the village shall maintain the servants, and they shall not become an expense on the royal treasury.]33. [Similar to ordinance 22 (q.v.,ante, p. 206). This ordinance adds that deprivation of office shall be the penalty to the secular person violating its orders, while the ecclesiastical person who violates it shall be proceeded against according to law.]34. [Similar to ordinance 9 (q.v.,ante, pp. 197, 198). The prices in Tondo and the coast of Manila are as follows: “one hen, one and one-half reals; one dumalaga, three cuartillos; and one chick, four granos.” This ordinance is in accordance with law i, título xvii, book iv.]35. [This ordinance cites and reiterates ordinance42 of the old regulations (q.v.,ante, p. 219), and is in accordance with law xliii, título vii, book i of theRecopilación.]36. [Alcaldes-mayor and census-takers shall not exact the two reals from the natives which they are accustomed to take as a fee for enumerating them, under penalty of a fine of 500 pesos, and a sum four times as great as that they shall be proved to have taken. This ordinance shall be a special charge in the residencia.]37. [Alcaldes-mayor shall be governed by law xxix, título viii, book v, of theRecopilaciónin regard to fees for suits and other matters. The government secretary shall send a list of all fees that may be received to all the provinces, which shall be translated into the native languages and published by proclamation, and posted in the court, so that the Indians may know their rights and make the proper complaint at the time of the residencia. The employees of the royal treasury are liable for the fees which they also exact unlawfully, and which they are accustomed to take from the cabezas de barangay and the other natives.]38. [Similar to ordinance 8, of the old ordinances (q.v.,ante, pp. 196, 197).]39. [Similar to ordinance 24, of the old ordinances (q.v.,ante, pp. 206, 207). This ordinance in its several parts is in accordance with laws ii and xxi, título vi, book vii, of theRecopilación.]40. [This ordinance forbids alcaldes, justices, gobernadorcillos, and officials of the villages to impose any tax on the Indians. It is similar to ordinance 5 of the old ordinances (q.v.,ante, p. 195), and is in accordance with law vi, título xv, book iv of theRecopilación.]41. [No tax shall be imposed on the Indians such as has been the custom, for taking clay from any common place with which to make vessels, or for the manufacture of salt, or an annual payment for each beast or tree that they own, or other unjust impositions. The alcaldes-mayor shall report all such exactions.]42. [Similar to ordinance 11 of the old ordinances (q.v.,ante, p. 198), which is in accordance with law xxii, título xiv, book i, law xi, título xvi, of the same book, and law xxxvi, título iii, book iii, of theRecopilación.]43. [Similar to ordinance 14 of the old ordinances (q.v.,ante, p. 199).]44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of theRecopilación.]45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]46. [This ordinance cites ordinance 41 of the old ordinances (q.v.,ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought—as, under the system of collection by the priests, confession is often denied until payment is made—it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v.,ante, pp. 210, 211).]48. [Inquiry shall be made as to whether anyBilitaosandCasonosare exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry,maganitos[i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]49. [Ordinance 43 of the old ordinances (q.v.,ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses forgambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month’s imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, anotherten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated.14]52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga,15under penalty of paying a fine four times as large.]53. [The territory of native reductions and villages is declared communal, and at the time of the erection of any village, lands must be apportioned to the Indians, according to law viii, título iii, book vi of theRecopilación. No land-tax or rent is to be paid for such land, it being the royal will (law xliv, título xii, book iv) that the Indians have lands allotted to them for planting and working, as ordered in laws xxi and xxiii, título i, book vi, and law xiv, título xii, book iv.16These lands may not be soldwithout permission, some advantage gained thereby, and the intervention of the royal fiscal, as prescribed in law xxvii, título i, book vi, law xxxvi, título xviii, book ii, and law xvi, título xii, book iv. If claim is made to the lands by any Spaniard or mestizo, or any secular or ecclesiastical community, they shall prove their claims in a short limit of time before the alcaldes-mayor, who shall forward the records to the royal Audiencia for its decision. If their titles are not presented within that limit, the Audiencia shall also judge the legitimacy of the claim. It has always been the royal purpose that lands shall not be sold or apportioned to the injury of the Indians and their reductions; and it is prescribed by laws vii, ix, xvii, and xviii, título xii, book iv, that lands given to the injury of the Indians shall be restored to their owners. Lands belonging to Indians who die without heirs revert by law xxx, título i, book vi, to the king; and it is prohibited by law x, título xii, book iv, that lands allotted to explorers or settlers be sold to ecclesiastical communities or persons, under penalty of being confiscated and allotted to others. This ordinance is to be observed by alcaldes and ministers of justice under severe penalties, and it is to be published by proclamation in the villages, for it is of great importance to the state that all the Indians have the necessary lands. Individual mention is to be made of those villages that do not have such lands and the government will provide them so far as possible, giving the lands to those who possess them with just title. In addition to the landswhich the Indians ought to have in their private capacity, each village ought to possess communal lands which are to be cultivated for the common benefit, and the products of which are to be incorporated in the communal fund—from which roads can be repaired, highways and bridges built, the royal buildings repaired, and other necessary works carried on without any burden to the Indians.]54. [Indians employed on any of the public works shall labor only from the rising to the setting sun, with one and one-half or two hours for rest at midday. The rest of the time they must be made to work diligently. If any pressing necessity requires, however, such as the making of rigging, or other things for the royal service, alcaldes-mayor are empowered to lengthen the hours of labor, making the work as easy as possible for the Indians, and increasing the pay proportionally with the hours. Likewise, if the hours are diminished, the pay shall be proportionally diminished.]55. [Much trouble is caused by the actions of various officials in regard to the allotment of Indians for the cutting of timber and other royal services, because they accept a money payment of five pesos, three reals from many who are thereby excused from taking part therein—a sum which is kept by the said officials. Besides, they collect from the royal treasury the amount of the rations that the total number of Indians would use. In order to stop this practice, it is commanded that all the Indians allotted to any royal service, or their substitutes, take part in it. This is the only way in which to prevent the frauds practiced by the cabezas de barangay and the foremen of the cutting gangs. Alcaldes, justices, andofficials of the villages are to obey this ordinance strictly, under penalty of deprivation of office, a fine four times as great as the amount of the loss occasioned by them, and a further fine of 500 pesos, imposed on the alcaldes. The latter shall get a statement from the father chaplain and the foreman of the cutting gang, of the number of Indians of his province who take part in the cutting, and shall report the same to the superior government]56. [The Indians are prohibited from wearing gold and silver ornaments on their clothes, unless the gold and silver is wrought by a goldsmith or by a silversmith, under the penalty that the Indian timaua wearing such shall be punished with fifty stripes, and confiscation of the clothes so ornamented; while the chief shall be imprisoned for one month, and his clothes so adorned shall be confiscated. The second offense shall be double this, besides some money fine.]57. [Similar to old ordinance 10 (q.v., ante, p. 198). Stress is laid on the rivers coming to Manila from the provinces of Laguna, Pampanga, and Bulacan.]58. [Similar to old ordinance 33 (q.v., ante, p. 211).]59. [Similar to old ordinance 23 (q.v., ante, p. 206).]60. [Similar to old ordinance 25 (q.v., ante, p. 207).]61. [In part the same as old ordinance 26 (q.v., ante, pp. 207, 208). This ordinance provides in addition as follows. Alcaldes-mayor, in whose charge, according to the new rules, the distribution of the bulls of the Crusade have been placed, are to appoint ascollectors and treasurers (prescribed by ordinance 11 of the Crusade instructions) either the gobernadorcillo or one of the cabezas de barangay of the respective villages, and not any Indian who pays tribute; for since the former are the most prominent men in the village and the responsibility of the tributes, as collectors and treasurers, devolves on them, this will result in greater profit to the royal treasury. Each appointment made by the alcaldes in violation of this order shall incur a penalty of 100 pesos.]62. [Similar to old ordinance 7 (q.v., ante, p. 196). This ordinance adds: “And if the alcaldes do not comply with all the contents of this section, and of laws xi, xiii, xv-xvii, xix, xxii-xxiv, xxvi, xxviii, xxix, and xlii, título ii, book v, of theRecopilación de Indias, a charge as infractors of this section will be made against them in their residencia.”]63. [This ordinance contains the prescriptions of old ordinances 53–60 (q.v., ante, pp. 224–226).]64. [Alcaldes-mayor, within three months after having suffered their residencia, shall go to Manila, and their successors shall compel them to this step, in order that they may present their accounts of the royal revenues. If they stay in the provinces thirty days after the conclusion of their residencia, they and their successors shall be fined 1,000 pesos.]65. [This ordinance cites old ordinance 36 in full (q.v., ante, p. 213), and prescribes its observance.]66. [Since but little profit has been obtained from the raids allowed to be made according to old ordinance 35 (q.v., ante, pp. 212, 213), as they are made with Indians who have friendship and trade withthose of the mountains, and who, consequently, always give warning of such raids to the latter, while expenses roll up rapidly to no advantage, it is ordered that no raids be made in the future unless by order of the superior government. In case of necessity, the alcalde-mayor shall report to the superior government the necessity for the raid, the number of men necessary, the time it will take, and the expense, his report to be accompanied by a certified statement of the cura or missionary. In case time will not permit the awaiting of special orders from the superior government, the alcalde-mayor may, with the consent of the cura or missionary, make the raid; after which he shall send full reports of the same to Manila, with certifications of the father minister, in order that the expenses may be allowed. Alcaldes-mayor shall mutually aid one another on all raids.]67. [Alcaldes-mayor or their agents shall not buy houses, lands, or ranches in the territory of their jurisdictions during the time of their office, nor allow their notaries or alguacils to do so, under penalty of 500 pesos’ fine. They shall not build nor allow to be built any boat for transportation without the express permission of the superior government; and the work of Indians thereon shall be paid at the rate of the tariff. Such construction shall be made in places having the spiritual and temporal administration, under the above penalty. The alcalde-mayor obtaining government permission, shall inform the gobernadorcillos of the villages of his province of all the conditions, so that the Indians may lodge complaint of all injuries offered them during the construction, and obtain justice therefor. The same ruleholds good for all work done for the alcalde-mayor, and payment shall be with the intervention of the father minister. Likewise work done for the latter shall be paid by him in the same manner with the intervention of the alcalde-mayor, and in absence of the latter, with that of the gobernadorcillo of the village, who shall report fully to the alcalde-mayor, so that he may remedy all abuses. This is in accord with law xi, título xiii, book i, of theRecopilación.]68. [Alcaldes-mayor, corregidors, and other officials are allowed (by a royal decree of July 17, 1751) to trade in their provinces by reason of a payment made to the government, and mistakenly called an excise tax. They shall not, on account of that privilege, injure the trade of the Spaniards and Indians of their jurisdiction, but shall allow them to trade freely, without exacting from them any payment under pretense that it is an excise tax. Nor shall they be allowed to buy at rates lower than the others. Violation of this ordinance, which is to be proclaimed annually in the villages, and to be a charge in the residencia, incurs the penalties of deprivation of office, a fine of 500 pesos, and other penalties that may be imposed.]69. [Similar to old ordinance 18 (q.v., ante, p. 203). The penalties assigned are restoration of what has been weighed or measured by unjust weights and measures, and a fine of 500 pesos to the alcalde-mayor allowing the use of such weights and measures, and the payment of the amount lost, with four times as much to the treasury.]70. [Interprovincial trade of the various products shall not be prohibited, as such prohibition is in violation of law viii, título xviii, book iv and lawxxv, título i, book vi, in accordance with which laws trade is to be encouraged. The Indians may cut timber in accordance with law xiv, título xvii, book iv. The desire for gain, however, shall not be allowed to cause the Indians to send out of any province the products necessary for its conservation. This may be prohibited with the consent of the father minister, from whom the alcalde-mayor shall ask a certification for his own protection. Without that certification, he shall not make such prohibition, under penalty of the penalties of the preceding ordinance. The natives shall pay no fees for the privilege of interprovincial trade; and, if any alcalde-mayor violates this, he shall incur a fine of 100 pesos, besides the responsibility of making good all the loss occasioned by his action. This shall also be a charge in the residencia.]71. [This ordinance relates to the encouragement of the increase of the produce of each province, for which all alcaldes-mayor and other officials must work, under penalty of punishment for neglect and disobedience. The products best suited for each province are to be especially encouraged, whether of useful trees, wheat, and other grains, vegetables, cotton, pepper, etc., or domestic cattle. Each Indian shall have at least twelve hens and one cock, and one sow for breeding purposes. Factories for the making of textiles and rigging shall be encouraged and increased. Alcaldes-mayor shall strive especially to wipe out the vice of laziness—which is the chief vice among the Indians, and the origin of all their other vices—by mild means, but if necessary by harsh ones, as this is so important for the general good, in accordance with law xxi, título i, book vi. Thosewho do not, within two years, work in their fields and gardens and cultivate their lands shall lose them. Especial care shall be taken of this during the visit, and annual reports shall be made by the alcaldes-mayor, who shall be careful to state increase.]72. [Similar to old ordinance 32 (q.v., ante, p. 211).]73. [Since the laziness of the Indians is so prejudicial and the origin of many vices, especially incontinence and theft; and since it is against law xxi, título i, book vi of theRecopilación, to permit laziness among them: it is ordered that all Indians engage in some work, either the cultivation of land or the rearing of cattle, as outlined in ordinance 71. Gobernadorcillos shall be ordered to watch carefully to see that this ordinance is obeyed, and alcaldes-mayor shall verify their statements at the time of the visit. Lazy Indians shall be forced to labor at the public and royal works of the province for so long a time as the alcalde-mayor shall determine. Lands of the villages allowed to lie uncultivated for one year shall be taken from their owners, and given to other Indians who are more industrious, in accordance with law xi, título xii, book iv.]74. [Alcaldes-mayor shall prefer for all honorable posts, such as that of gobernadorcillo, those Indians who are most industrious in the cultivation of their lands, the planting of trees, and manufactures, reporting the same to the superior government.]75. [In view of the many infractions of old ordinance 37 (q.v., ante, pp. 213–215), that ordinance is repeated with strict orders of observance, under penalty of loss of office, a fine of 500 pesos, and charge in the residencia.]76. [This ordinance cites old ordinance 16 (q.v., ante, pp. 199–203), but adds that the new order of the royal decree of April 17, 1766 must be observed. This decree orders that all the Catholic Sangleys who committed excesses during the time when the English occupied Manila shall be expelled from the Philippines, only true Christians being allowed to remain, according to law viii, título xviii, book vi of theRecopilación. These Sangleys are to be assigned to the respective territories and villages which are deemed best. They shall not be allowed to carry weapons of any sort, and shall be employed only in agriculture and the trades. They shall not be allowed to leave their respective villages except by permission of the justice, governor, or alcalde-mayor to whom they are subject, under penalty of perpetual exile from his Majesty’s domains.]77. [Old ordinances 20 and 21 (q.v., ante, pp. 204–206), which are in accordance with law xxii, título iii, book vi, of theRecopilaciónare repealed by ordinance 52 of the present ordinances; and Spaniards are permitted to live among the Indians (as seems in harmony with law xviii, título xv, book i), the alcaldes being ordered to see that they live as good Christians. Since experience demonstrates that the residence of Spaniards in the provinces is advantageous for the instruction of the Indians in the Spanish language, for the cultivation of their products, and for the encouragement of their trade (in accordance with law xxiv, título i, book vi), the alcaldes-mayor are ordered to aid the Spaniards resident in their provinces as much as possible, and to forbid residence therein only of those who are vicious and mischievous.]78. [Similar to old ordinance 28 (q.v., ante, p. 209).]79. [This ordinance prescribes the method of holding the elections for gobernadorcillos (see old ordinance 27,ante, pp. 208, 209). Elections shall be held at the beginning of each year, in the royal buildings, and nowhere else. If held elsewhere, they shall be considered null and void, according to Arandía’s ordinance no. 11; and the alcalde or justice violating this order shall be fined, and the notary making the records shall lose his office. The voters in the elections shall be the twelve senior cabezas de barangay. If any of these are absent, by reason of sickness or other cause, the number shall be completed from the other cabezas de barangay, observing strict seniority always. If there are not enough cabezas de barangay, the number of twelve voters shall be completed from the senior notables of the village. With these the retiring gobernadorcillo shall vote, and they shall nominate three trustworthy persons for the post of gobernadorcillo, reporting the number of votes received by each. These nominees must be able to read, write, and speak Spanish. The ballot shall be secret, and be attested by the notary. The alcalde-mayor or the justice shall preside at the election, and the father minister may be present “if he please, in order to represent what he considers advisable, and for no other end.” The results of the election shall be sent, stamped and sealed, to the secretary of the superior government, and the appointment of gobernadorcillo shall be made from Manila, and the proper title despatched, while the other officials necessary shall be appointed as heretofore. This applies to the provinces of Tondo,Laguna, Cavite, Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces distant from Manila, elections shall be held in the same manner, and appointments made by the alcaldes-mayor or justices, who shall be furnished with blank titles, which they shall fill out. No man shall assume office without the proper credentials. Names of all appointees shall be sent to the superior government and entered in the proper books, as well as the fees of the credentials and stamped paper. The fees of media-anata shall be collected from all gobernadorcillos and other officials, the amount of such fees being entered in the royal treasury annually. The royal officials, on their part, shall see that all fees are paid, and shall ascertain from the alcaldes and justices the number of gobernadorcillos in the various jurisdictions, so that they may check up the records properly.]80. [Retiring gobernadorcillos shall hold office until all fees have been met by the newly-elected gobernadorcillos.]81. [Cabezas de barangay may be elected to the post of gobernadorcillo without ceasing to act in the former capacity, according to Arandía’s ordinance, no. 21.]82. [Those becoming cabezas de barangay by inheritance shall obtain their credentials from the superior government, asking for the same with the accompanying report of the alcaldes, or the persons by whom they shall have been proposed. The district of each cabeza de barangay shall contain not less than forty-five or fifty tributes.]83. [Since the houses of the Indians are so scattered, and there is so great lack of zeal in reducingthem “under the bells,” as is ordered by the laws and by many royal decrees, many spiritual and temporal wrongs are caused the Indians. For they do not attend church, and it is impossible often to attend the sick and give them the sacraments, so that many of them die without the consolation of religion. It is impossible to learn the sins committed, or the exact number of those who should pay tribute. Under penalty of being punished as enemies to the state, alcaldes-mayor are ordered to reduce the natives into villages. They shall not allow any house to be more than one-half league from a church; and, on the other hand, shall not allow them to be built so close together that there is danger of fire. Reports of what has been done in this shall be sent to the superior government annually, under penalty of a fine of 100 pesos. The ecclesiastical superiors are requested (in accordance with laws ii and iii, título iii, book vi of theRecopilación), to order their subjects to lend all the aid possible in the reduction. Any opposition offered shall be considered just cause for the ends proposed in law xiii, título xv, book i.]84. [When the reduction of the villages is completed, the gobernadorcillo of each village shall take charge of the collection of the tribute, as compensation for which he shall be given one-half of one per cent. He shall report promptly to the alcaldes, under pain of loss of office, to which the deputies shall succeed. This method will relieve the cabezas de barangay from the collection, and the latter shall be included in the lists and pay tribute also, which will amount to a considerable increase to the royal treasury.]85. [To obviate the harm resulting from thefather ministers meddling in concerns of temporal government (contrary to law lxvi, título xiv, book i of theRecopilación), alcaldes-mayor are ordered not to allow any usurpation of their office. All measures advocated by the father ministers in behalf of the Indians, spiritually and temporally, shall be presented to the alcaldes-mayor and other justices in a respectful manner, and shall receive respectful consideration, so that the Indians may receive a good example thereby, and pay the proper respect to each one. If the alcaldes are unable to check attempted usurpation, they shall report the same to the superior government, which will take the necessary measures. The father ministers shall, on their side, present grievances against the alcaldes and other justices who do not attend sufficiently to their recommendations for the spiritual and temporal welfare of the Indians, to their superiors, if they do not wish to do so directly to the government, who shall take the matter up with the proper authorities. Observance of this ordinance is urged on the secular and regular superiors.]86. [Alcaldes-mayor must treat the gobernadorcillos with all the respect due their office, such as never allowing them to stand, in their houses or other places. Also gobernadorcillos shall be punished if they do not fulfil their duties with honor, and properly.]87. [Alcaldes are also ordered to see that the gobernadorcillos are treated respectfully by the father ministers, “and shall not allow the latter to lash, punish, or maltreat them, nor leave them standing, or cause them to leave the baton at the street-door when they go to see the father curas or missionaries,as this is contrary to the honor and respect of justice. Neither shall they allow them to serve the plates in the masses of said fathers, as ministers of justice ought not to be employed in that service, or others like it, which are suitable only for servants.” All ecclesiastical superiors are ordered to charge all their subjects not to violate these regulations, and all the gobernadorcillos and officers of justice shall be notified that they are not to remain standing before the father ministers; that they are to go to visit them without leaving the baton of justice behind; not to serve at the masses; and not to leave the territory of their respective villages, even under pretext of accompanying the father minister, the alcalde, or any other person—under penalty of loss of their post, disqualification from holding any office of justice in the future, and two months’ imprisonment.]88. [On their part the alcaldes, while preserving the necessary respect toward justice, must maintain due respect for the priestly office, and seek always to promote good relations with the father ministers.]89. [Arandía’s ordinance, no. 10, ordering alcaldes and justices to treat with the father ministers only in writing and to visit them only when accompanied, is repealed, as it is contrary to law lxv, título xiv, book i, of theRecopilación. The ecclesiastical superiors shall do their utmost to restrain their subjects within the bounds of moderation. Frequent visits between the alcaldes, gobernadorcillos, and other justices, and the father ministers are recommended. In this intercourse, however, the gobernadorcillos shall be ruled in temporal affairs by the orders and commands of the alcaldes-mayor, but are to maintain due respect to the father ministers—whoshall not meddle with matters of secular government, but shall take the measures advisable for the spiritual welfare of the Indians.]90. [Ecclesiastical superiors shall be requested to order their subjects to preach frequently to the Indians concerning their obligation of paying the tribute, and the indulgences that they obtain by taking the bull of the holy Crusade, in view of the many troubles arising from the lack of instruction in these two points “so important for their salvation, so in accordance with the intention of our Catholic monarch, and suitable to the zeal of good ministers of instruction, and of faithful vassals of his Majesty.”]91. The sumptuousness of the buildings, the churches, and houses of the missionaries, mistakenly called convents, is one of the burdens which the Indians unjustly suffer, and which, according to a very laudable opinion, contributes greatly to their desolation. Moreover, since it is apparent by the experience of the past war, what harm said buildings have occasioned, as they serve as shelter and defense to enemies, it is declared that buildings of stone and tile shall not be permitted in the provinces where there is danger of enemies, but only those of boards and nipa;17and where it is considered advisable bythe superior government to permit them, a fixed rule shall be given, ordering that the houses of the missionary ministers be of moderate style, and in harmony with the plan which must be sent to each alcalde-mayor—with orders to demolish those which shall be built new without the necessary licenses, in case that they exceed the limits of the said plan. [This is in harmony with the royal decree, dated Madrid, June 18, 1767. The terms of ordinance 67 shall be observed until other regulations are provided.]92. [While there is great excess in the sumptuousness of the houses of the missionaries, there is a corresponding degree of ruin and dilapidation in the royal buildings throughout the islands. Many are in so poor condition that they are unfit for habitation, and travelers and alcaldes-mayor are caused great hardship in their journeys through the villages. Often it is impossible for the latter to visit their jurisdiction for the lack of royal buildings; and, because of trouble with the missionaries, they cannot live in the convents. Still more disagreeable is it for ministers of the royal Audiencia to exercise their commissions in the provinces, for it is not in harmony with their dignity or good for their health for them to lodge in places unsuitable for habitation; whilelaw lxxxix, título xvi, book ii, forbids them to take lodging in the convents. In consequence of this it is ordered that all villages, especially the capitals of the provinces, erect suitable royal buildings, in accordance with plans that will be issued by the superior government. These shall be kept in repair, and in them the gobernadorcillos shall hold their courts and shall have their prisons.]93. [According to old ordinance 52 (q.v., ante, pp. 223, 224), and to Arandia’s ordinance, no. 17, it is strictly ordered that the alcaldes-mayor request the father ministers to exert themselves, so far as it concerns them, to establish schoolmasters in all villages, who shall teach the Indians to read and write in Spanish, and the Christian doctrine and other prayers, in accordance with the royal decree of June 5, 1574. The pay of the masters shall be one peso and one cavan of rice per month, but may be increased at the option of the alcaldes-mayor; and it shall be paid from the communal treasuries of the villages (see no. 25 of the present ordinances). If the masters do not teach and instruct the Indians in Spanish, they shall make restitution of all the pay that they have received, be incapacitated from all employment in the islands, and punished at the will of the alcaldes-mayor. This matter shall constitute a factor in the visits of the alcaldes-mayor, and if any persons oppose the teaching of Spanish, they shall be proceeded against according to law. Neglect on the part of the alcaldes shall incur punishment in proportion to its degree. As yet but little zeal has been shown in this matter, and there has been a total lack of observance of law xviii, título i, book vi, of theRecopilación, which is in harmony with many royal decrees.]94. [The visitas or chapels in villages, besides being unnecessary for divine worship, which is to be held in the churches where the Indians can attend, are a burden on the Indians, by reason of the expenses incurred in their building and repairs, and the increase of feast days (although there should only be the three permitted by the government), fees, and alms, which must be paid to the curas and missionaries. Consequently, alcaldes-mayor are ordered, at the time of their visit, to report to the superior government all the visitas in their jurisdictions where the sacrifice of the mass is celebrated; with what authority and license they are established; the distance from each visita to the church of the village; the advantages derived from them; the expenses, fees, and alms contributed by the natives; and all other matters connected with them. No visita shall be established without the sanction of the superior government.]All the above sections contained in this royal ordinance shall be observed and complied with by the governors, alcaldes-mayor, and corregidors of the provinces of these islands, and by each of the persons mentioned therein—with warning that, if they do not execute them, they shall be punished according to the penalties imposed in them. Given in the city of Manila, and the royal hall of the assembly thereof, February 26, 1768.Don Jose RaonFrancisco Enriquez de Villa CortaManuel Galvan Y VenturaRegistered,José Raon(seal)By the grand chancellor,José Raon[Then follows the short statement of the government secretary, Ramon de Orendain, who had the ordinances written down at the order of the Audiencia. This is succeeded by an act of the Audiencia, dated February 26, 1768, enjoining strict observance of these ordinances which were ordered to be formulated by royal decrees of December 4 and 23, 1760. Those decrees ordered the revision of the ordinances of Governor Arandía. In order that all persons may not plead ignorance of them, they were ordered to be registered in both accountancies, and in the government secretary’s office, and copies were to be sent to each alcalde-mayor, corregidor, and justice.18These copies were to be translated into the native languages of the different jurisdictions, and the archives of each village was to have a copy. Other copies were ordered to be sent to the bishops and the father provincials of the several orders, so that they might order obedience on the part of their subjects, who are not to meddle in governmental matters. Last is the attestation of Orendain as to the accuracyof the copy, which bears date Manila, June 14, 1768, and which was sent to the castellan of the port of Cavite.]
16. [The alcaldes-mayor shall send annual reports to the superior government whether the sacrament has been administered in their houses to sick Indians, whether this has been neglected by any curas and missionaries, or whether the latter have caused the sick to go to the churches to receive it. If they have been thus remiss, the stipends shall not be given them, and if paid them by the alcaldes-mayor shall not be credited to them (which is in accordance with law xxvi, título xiii, book i, of theRecopilación, and the royal decree of June 11, 1704, which is, however, not to be observed in general).]
17. [The Indians are to have the administration,teaching, and instruction necessary, but are not to be molested and vexed unjustly by the curas and missionaries (seeRecopilación, título xiii, book i). They must not be assessed anything, or such assessment shall be discounted from the stipends of the curas and missionaries.]
18. [In view of the poverty of the royal treasury, and the opulence of the curas and missionaries, who receive excessive stipends—since, although a village may have but one parish priest, he may collect two, three, four, or more stipends, according to the number of tributes—it is ordered that but one stipend be paid in each village, notwithstanding its size (in the same manner as if it had only five hundred tributes): The money saved thereby shall be paid out to the benefit of the public cause.]
19. [Law i, título iv, book vi, of theRecopilación, recommends that the communal fund of the native villages be an object of especial attention, and that one real from each whole tribute be paid into it. The collection for this is to be made by the alcaldes-mayor under bond, and they must report and send amounts to the royal treasury, distinctly stating the amount belonging to each village. The royal officials are to enter this account under separate headings, as provided by laws ix and xi of the above título; and this fund must be reserved for the purposes expressly stated by the superior government.]
20. [When the amount of the communal funds has reached a sufficient figure, one of the auditors especially appointed by the superior government shall with the fiscal and royal officials purchase annuities or invest the money in sea or land enterprises. The gain therefrom shall be applied to the maintenanceof seminaries for Indians of both sexes, “which ought to be established in each province for the education and secular and Christian instruction of their natives, as the only means by which they can be instructed perfectly in the mysteries of our holy faith, and so that they may be good Christians and better vassals.” This is according to laws xvii-xix, título iii, book i, of theRecopilación.]
21. [Neither the alcaldes-mayor nor any other person may, without special government permission, spend anything from the communal funds, outside of the common obligations of each village—namely, expenses for cantors, sacristans, and the porter of the churches; the schoolmaster; the election fees of the gobernadorcillos, and their salaries; and the three per cent paid for the collections of the communal funds.]
22. [Each village shall have a chart showing the condition of its communal funds. This shall show receipts and the fixed expenses as above outlined.]
23. [Each alcalde shall leave his successor a record of said chart, taking a receipt for the same in order to present it to the royal accountancy. This shall be compared later by the royal officials with the accounts as handed in by his successor.]
24. [Villages of more than 500 tributes shall have eight cantors, two sacristans, and one porter, each of whom shall be paid from the communal funds the customary amount of rice annually, namely, 4 fanégas of palay of 48 gantas. Villages of 400 tributes shall have six cantors; 300, five; 200, four; and no village shall have less than the last figure. All churches having a cura or missionary shall have two sacristans and one porter. There hasbeen much abuse in this matter, and the alcaldes-mayor are cautioned to have especial care in enforcing this ordinance, under penalty of a fine of 200 pesos.]
25. [It is important that each village have good teachers to instruct the Indians in the Spanish language; but the monthly salary granted to teachers by the communal fund, namely, one peso and one cavan of rice, is very little. Consequently, the alcaldes, with the aid of the curas and missionaries, are ordered to regulate the salaries in proportion to the tributes, reporting the same to the superior government and the royal accountancy, so that better teachers may be secured and law xviii, título i, book vi, of theRecopilación, may be better realized.]
26. [The law enacted by Governor Arandía, arranging for the expenses of media-anata and title of certain poor and old notables to be taken from the communal funds of the villages, in order that such men might serve as gobernadorcillos and the villages not be deprived of their services, is to be observed, the only condition being that the poverty must be very great, and such men very useful to the community.]
27. [No Indiantanoresshall be set aside for the service of the curas, missionaries, alcaldes-mayor, or any other person, except those mentioned in ordinance 24. Those serving as cooks and servants shall not be exempt from tribute, polos, or personal services; nor shall they serve against their will. They shall receive the pay fixed by law, and accustomed to be paid to private individuals, according to law lxxxi, título xiv, book i, of theRecopilación.]
28. [If the curas and missionaries need rowersfor the administration of the sacraments, and the alcaldes-mayor, for matters of the royal service, they shall not pay the Indians for such service, and shall allot said rowers by polos. Otherwise, each rower shall be paid one-half real per day and his food between Manila and Mariveles; beyond, the pay shall be regulated according to the tariffs of the various provinces.]
29. [Eightbaguntaosshall be chosen in each large village each week to accompany the most holy sacrament, when it is taken to the houses of the sick, and to aid in the mass, and other matters of the divine service. Villages of five hundred tributes shall have sixbaguntaos, and smaller ones, four. They shall receive no pay, but shall not be employed in other matters, unless they are paid therefor, under penalty of deprivation of office to the gobernadorcillo or judicial official who permits it; and the alcalde-mayor who is aware of this and does not remedy it, shall pay the amount due such Indians, and a fine four times as great.]
30. [Girls and women must not be employed in the missions in pounding rice among the men; neither shall they be employed to sweep the cemeteries of the churches, or the houses of the curas and missionaries; for this results often in great sin, and is contrary to the laws of the kingdom, especially law xi, título xiii, book i, of theRecopilación. Alcaldes-mayor shall not permit this under a charge of the same in their residencia, and a fine of 500 pesos, in accordance with the ordinance of November 23, 1757, which was enacted because of the many complaints. Those suitable for such duties are the old and crippled who have been exempted from tribute, and the schoolboys (of whom the curas maymake use freely so long as they are schoolboys, but no longer.) Alcaldes-mayor shall not employ women; and gobernadorcillos shall not make use of the services of schoolboys to the detriment of their instruction.]
31. [The Indians shall not be required to supply the curas, missionaries, or alcaldes with fish. If the latter permit this, they shall have to pay for the fish at a just price, and a sum four times as great as a fine, and shall be deprived of office perpetually, as transgressors of law xii, título xiii, book i, and law xxvi, título ii, book v, of theRecopilación.]
32. [In order that curas and missionaries may not be compelled to go without cooks and necessary servants because the Indians are unwilling to serve them, the gobernadorcillos of the villages shall furnish men for such service (not to exceed four in the large villages). From the stipend of the curas and missionaries, they shall be paid one real per week, and be given their food. In villages too small to warrant this expense on the part of the ecclesiastics, the village shall maintain the servants, and they shall not become an expense on the royal treasury.]
33. [Similar to ordinance 22 (q.v.,ante, p. 206). This ordinance adds that deprivation of office shall be the penalty to the secular person violating its orders, while the ecclesiastical person who violates it shall be proceeded against according to law.]
34. [Similar to ordinance 9 (q.v.,ante, pp. 197, 198). The prices in Tondo and the coast of Manila are as follows: “one hen, one and one-half reals; one dumalaga, three cuartillos; and one chick, four granos.” This ordinance is in accordance with law i, título xvii, book iv.]
35. [This ordinance cites and reiterates ordinance42 of the old regulations (q.v.,ante, p. 219), and is in accordance with law xliii, título vii, book i of theRecopilación.]
36. [Alcaldes-mayor and census-takers shall not exact the two reals from the natives which they are accustomed to take as a fee for enumerating them, under penalty of a fine of 500 pesos, and a sum four times as great as that they shall be proved to have taken. This ordinance shall be a special charge in the residencia.]
37. [Alcaldes-mayor shall be governed by law xxix, título viii, book v, of theRecopilaciónin regard to fees for suits and other matters. The government secretary shall send a list of all fees that may be received to all the provinces, which shall be translated into the native languages and published by proclamation, and posted in the court, so that the Indians may know their rights and make the proper complaint at the time of the residencia. The employees of the royal treasury are liable for the fees which they also exact unlawfully, and which they are accustomed to take from the cabezas de barangay and the other natives.]
38. [Similar to ordinance 8, of the old ordinances (q.v.,ante, pp. 196, 197).]
39. [Similar to ordinance 24, of the old ordinances (q.v.,ante, pp. 206, 207). This ordinance in its several parts is in accordance with laws ii and xxi, título vi, book vii, of theRecopilación.]
40. [This ordinance forbids alcaldes, justices, gobernadorcillos, and officials of the villages to impose any tax on the Indians. It is similar to ordinance 5 of the old ordinances (q.v.,ante, p. 195), and is in accordance with law vi, título xv, book iv of theRecopilación.]
41. [No tax shall be imposed on the Indians such as has been the custom, for taking clay from any common place with which to make vessels, or for the manufacture of salt, or an annual payment for each beast or tree that they own, or other unjust impositions. The alcaldes-mayor shall report all such exactions.]
42. [Similar to ordinance 11 of the old ordinances (q.v.,ante, p. 198), which is in accordance with law xxii, título xiv, book i, law xi, título xvi, of the same book, and law xxxvi, título iii, book iii, of theRecopilación.]
43. [Similar to ordinance 14 of the old ordinances (q.v.,ante, p. 199).]
44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of theRecopilación.]
45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]
46. [This ordinance cites ordinance 41 of the old ordinances (q.v.,ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought—as, under the system of collection by the priests, confession is often denied until payment is made—it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]
47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v.,ante, pp. 210, 211).]
48. [Inquiry shall be made as to whether anyBilitaosandCasonosare exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry,maganitos[i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]
49. [Ordinance 43 of the old ordinances (q.v.,ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses forgambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month’s imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]
50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]
51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, anotherten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated.14]
52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga,15under penalty of paying a fine four times as large.]
53. [The territory of native reductions and villages is declared communal, and at the time of the erection of any village, lands must be apportioned to the Indians, according to law viii, título iii, book vi of theRecopilación. No land-tax or rent is to be paid for such land, it being the royal will (law xliv, título xii, book iv) that the Indians have lands allotted to them for planting and working, as ordered in laws xxi and xxiii, título i, book vi, and law xiv, título xii, book iv.16These lands may not be soldwithout permission, some advantage gained thereby, and the intervention of the royal fiscal, as prescribed in law xxvii, título i, book vi, law xxxvi, título xviii, book ii, and law xvi, título xii, book iv. If claim is made to the lands by any Spaniard or mestizo, or any secular or ecclesiastical community, they shall prove their claims in a short limit of time before the alcaldes-mayor, who shall forward the records to the royal Audiencia for its decision. If their titles are not presented within that limit, the Audiencia shall also judge the legitimacy of the claim. It has always been the royal purpose that lands shall not be sold or apportioned to the injury of the Indians and their reductions; and it is prescribed by laws vii, ix, xvii, and xviii, título xii, book iv, that lands given to the injury of the Indians shall be restored to their owners. Lands belonging to Indians who die without heirs revert by law xxx, título i, book vi, to the king; and it is prohibited by law x, título xii, book iv, that lands allotted to explorers or settlers be sold to ecclesiastical communities or persons, under penalty of being confiscated and allotted to others. This ordinance is to be observed by alcaldes and ministers of justice under severe penalties, and it is to be published by proclamation in the villages, for it is of great importance to the state that all the Indians have the necessary lands. Individual mention is to be made of those villages that do not have such lands and the government will provide them so far as possible, giving the lands to those who possess them with just title. In addition to the landswhich the Indians ought to have in their private capacity, each village ought to possess communal lands which are to be cultivated for the common benefit, and the products of which are to be incorporated in the communal fund—from which roads can be repaired, highways and bridges built, the royal buildings repaired, and other necessary works carried on without any burden to the Indians.]
54. [Indians employed on any of the public works shall labor only from the rising to the setting sun, with one and one-half or two hours for rest at midday. The rest of the time they must be made to work diligently. If any pressing necessity requires, however, such as the making of rigging, or other things for the royal service, alcaldes-mayor are empowered to lengthen the hours of labor, making the work as easy as possible for the Indians, and increasing the pay proportionally with the hours. Likewise, if the hours are diminished, the pay shall be proportionally diminished.]
55. [Much trouble is caused by the actions of various officials in regard to the allotment of Indians for the cutting of timber and other royal services, because they accept a money payment of five pesos, three reals from many who are thereby excused from taking part therein—a sum which is kept by the said officials. Besides, they collect from the royal treasury the amount of the rations that the total number of Indians would use. In order to stop this practice, it is commanded that all the Indians allotted to any royal service, or their substitutes, take part in it. This is the only way in which to prevent the frauds practiced by the cabezas de barangay and the foremen of the cutting gangs. Alcaldes, justices, andofficials of the villages are to obey this ordinance strictly, under penalty of deprivation of office, a fine four times as great as the amount of the loss occasioned by them, and a further fine of 500 pesos, imposed on the alcaldes. The latter shall get a statement from the father chaplain and the foreman of the cutting gang, of the number of Indians of his province who take part in the cutting, and shall report the same to the superior government]
56. [The Indians are prohibited from wearing gold and silver ornaments on their clothes, unless the gold and silver is wrought by a goldsmith or by a silversmith, under the penalty that the Indian timaua wearing such shall be punished with fifty stripes, and confiscation of the clothes so ornamented; while the chief shall be imprisoned for one month, and his clothes so adorned shall be confiscated. The second offense shall be double this, besides some money fine.]
57. [Similar to old ordinance 10 (q.v., ante, p. 198). Stress is laid on the rivers coming to Manila from the provinces of Laguna, Pampanga, and Bulacan.]
58. [Similar to old ordinance 33 (q.v., ante, p. 211).]
59. [Similar to old ordinance 23 (q.v., ante, p. 206).]
60. [Similar to old ordinance 25 (q.v., ante, p. 207).]
61. [In part the same as old ordinance 26 (q.v., ante, pp. 207, 208). This ordinance provides in addition as follows. Alcaldes-mayor, in whose charge, according to the new rules, the distribution of the bulls of the Crusade have been placed, are to appoint ascollectors and treasurers (prescribed by ordinance 11 of the Crusade instructions) either the gobernadorcillo or one of the cabezas de barangay of the respective villages, and not any Indian who pays tribute; for since the former are the most prominent men in the village and the responsibility of the tributes, as collectors and treasurers, devolves on them, this will result in greater profit to the royal treasury. Each appointment made by the alcaldes in violation of this order shall incur a penalty of 100 pesos.]
62. [Similar to old ordinance 7 (q.v., ante, p. 196). This ordinance adds: “And if the alcaldes do not comply with all the contents of this section, and of laws xi, xiii, xv-xvii, xix, xxii-xxiv, xxvi, xxviii, xxix, and xlii, título ii, book v, of theRecopilación de Indias, a charge as infractors of this section will be made against them in their residencia.”]
63. [This ordinance contains the prescriptions of old ordinances 53–60 (q.v., ante, pp. 224–226).]
64. [Alcaldes-mayor, within three months after having suffered their residencia, shall go to Manila, and their successors shall compel them to this step, in order that they may present their accounts of the royal revenues. If they stay in the provinces thirty days after the conclusion of their residencia, they and their successors shall be fined 1,000 pesos.]
65. [This ordinance cites old ordinance 36 in full (q.v., ante, p. 213), and prescribes its observance.]
66. [Since but little profit has been obtained from the raids allowed to be made according to old ordinance 35 (q.v., ante, pp. 212, 213), as they are made with Indians who have friendship and trade withthose of the mountains, and who, consequently, always give warning of such raids to the latter, while expenses roll up rapidly to no advantage, it is ordered that no raids be made in the future unless by order of the superior government. In case of necessity, the alcalde-mayor shall report to the superior government the necessity for the raid, the number of men necessary, the time it will take, and the expense, his report to be accompanied by a certified statement of the cura or missionary. In case time will not permit the awaiting of special orders from the superior government, the alcalde-mayor may, with the consent of the cura or missionary, make the raid; after which he shall send full reports of the same to Manila, with certifications of the father minister, in order that the expenses may be allowed. Alcaldes-mayor shall mutually aid one another on all raids.]
67. [Alcaldes-mayor or their agents shall not buy houses, lands, or ranches in the territory of their jurisdictions during the time of their office, nor allow their notaries or alguacils to do so, under penalty of 500 pesos’ fine. They shall not build nor allow to be built any boat for transportation without the express permission of the superior government; and the work of Indians thereon shall be paid at the rate of the tariff. Such construction shall be made in places having the spiritual and temporal administration, under the above penalty. The alcalde-mayor obtaining government permission, shall inform the gobernadorcillos of the villages of his province of all the conditions, so that the Indians may lodge complaint of all injuries offered them during the construction, and obtain justice therefor. The same ruleholds good for all work done for the alcalde-mayor, and payment shall be with the intervention of the father minister. Likewise work done for the latter shall be paid by him in the same manner with the intervention of the alcalde-mayor, and in absence of the latter, with that of the gobernadorcillo of the village, who shall report fully to the alcalde-mayor, so that he may remedy all abuses. This is in accord with law xi, título xiii, book i, of theRecopilación.]
68. [Alcaldes-mayor, corregidors, and other officials are allowed (by a royal decree of July 17, 1751) to trade in their provinces by reason of a payment made to the government, and mistakenly called an excise tax. They shall not, on account of that privilege, injure the trade of the Spaniards and Indians of their jurisdiction, but shall allow them to trade freely, without exacting from them any payment under pretense that it is an excise tax. Nor shall they be allowed to buy at rates lower than the others. Violation of this ordinance, which is to be proclaimed annually in the villages, and to be a charge in the residencia, incurs the penalties of deprivation of office, a fine of 500 pesos, and other penalties that may be imposed.]
69. [Similar to old ordinance 18 (q.v., ante, p. 203). The penalties assigned are restoration of what has been weighed or measured by unjust weights and measures, and a fine of 500 pesos to the alcalde-mayor allowing the use of such weights and measures, and the payment of the amount lost, with four times as much to the treasury.]
70. [Interprovincial trade of the various products shall not be prohibited, as such prohibition is in violation of law viii, título xviii, book iv and lawxxv, título i, book vi, in accordance with which laws trade is to be encouraged. The Indians may cut timber in accordance with law xiv, título xvii, book iv. The desire for gain, however, shall not be allowed to cause the Indians to send out of any province the products necessary for its conservation. This may be prohibited with the consent of the father minister, from whom the alcalde-mayor shall ask a certification for his own protection. Without that certification, he shall not make such prohibition, under penalty of the penalties of the preceding ordinance. The natives shall pay no fees for the privilege of interprovincial trade; and, if any alcalde-mayor violates this, he shall incur a fine of 100 pesos, besides the responsibility of making good all the loss occasioned by his action. This shall also be a charge in the residencia.]
71. [This ordinance relates to the encouragement of the increase of the produce of each province, for which all alcaldes-mayor and other officials must work, under penalty of punishment for neglect and disobedience. The products best suited for each province are to be especially encouraged, whether of useful trees, wheat, and other grains, vegetables, cotton, pepper, etc., or domestic cattle. Each Indian shall have at least twelve hens and one cock, and one sow for breeding purposes. Factories for the making of textiles and rigging shall be encouraged and increased. Alcaldes-mayor shall strive especially to wipe out the vice of laziness—which is the chief vice among the Indians, and the origin of all their other vices—by mild means, but if necessary by harsh ones, as this is so important for the general good, in accordance with law xxi, título i, book vi. Thosewho do not, within two years, work in their fields and gardens and cultivate their lands shall lose them. Especial care shall be taken of this during the visit, and annual reports shall be made by the alcaldes-mayor, who shall be careful to state increase.]
72. [Similar to old ordinance 32 (q.v., ante, p. 211).]
73. [Since the laziness of the Indians is so prejudicial and the origin of many vices, especially incontinence and theft; and since it is against law xxi, título i, book vi of theRecopilación, to permit laziness among them: it is ordered that all Indians engage in some work, either the cultivation of land or the rearing of cattle, as outlined in ordinance 71. Gobernadorcillos shall be ordered to watch carefully to see that this ordinance is obeyed, and alcaldes-mayor shall verify their statements at the time of the visit. Lazy Indians shall be forced to labor at the public and royal works of the province for so long a time as the alcalde-mayor shall determine. Lands of the villages allowed to lie uncultivated for one year shall be taken from their owners, and given to other Indians who are more industrious, in accordance with law xi, título xii, book iv.]
74. [Alcaldes-mayor shall prefer for all honorable posts, such as that of gobernadorcillo, those Indians who are most industrious in the cultivation of their lands, the planting of trees, and manufactures, reporting the same to the superior government.]
75. [In view of the many infractions of old ordinance 37 (q.v., ante, pp. 213–215), that ordinance is repeated with strict orders of observance, under penalty of loss of office, a fine of 500 pesos, and charge in the residencia.]
76. [This ordinance cites old ordinance 16 (q.v., ante, pp. 199–203), but adds that the new order of the royal decree of April 17, 1766 must be observed. This decree orders that all the Catholic Sangleys who committed excesses during the time when the English occupied Manila shall be expelled from the Philippines, only true Christians being allowed to remain, according to law viii, título xviii, book vi of theRecopilación. These Sangleys are to be assigned to the respective territories and villages which are deemed best. They shall not be allowed to carry weapons of any sort, and shall be employed only in agriculture and the trades. They shall not be allowed to leave their respective villages except by permission of the justice, governor, or alcalde-mayor to whom they are subject, under penalty of perpetual exile from his Majesty’s domains.]
77. [Old ordinances 20 and 21 (q.v., ante, pp. 204–206), which are in accordance with law xxii, título iii, book vi, of theRecopilaciónare repealed by ordinance 52 of the present ordinances; and Spaniards are permitted to live among the Indians (as seems in harmony with law xviii, título xv, book i), the alcaldes being ordered to see that they live as good Christians. Since experience demonstrates that the residence of Spaniards in the provinces is advantageous for the instruction of the Indians in the Spanish language, for the cultivation of their products, and for the encouragement of their trade (in accordance with law xxiv, título i, book vi), the alcaldes-mayor are ordered to aid the Spaniards resident in their provinces as much as possible, and to forbid residence therein only of those who are vicious and mischievous.]
78. [Similar to old ordinance 28 (q.v., ante, p. 209).]
79. [This ordinance prescribes the method of holding the elections for gobernadorcillos (see old ordinance 27,ante, pp. 208, 209). Elections shall be held at the beginning of each year, in the royal buildings, and nowhere else. If held elsewhere, they shall be considered null and void, according to Arandía’s ordinance no. 11; and the alcalde or justice violating this order shall be fined, and the notary making the records shall lose his office. The voters in the elections shall be the twelve senior cabezas de barangay. If any of these are absent, by reason of sickness or other cause, the number shall be completed from the other cabezas de barangay, observing strict seniority always. If there are not enough cabezas de barangay, the number of twelve voters shall be completed from the senior notables of the village. With these the retiring gobernadorcillo shall vote, and they shall nominate three trustworthy persons for the post of gobernadorcillo, reporting the number of votes received by each. These nominees must be able to read, write, and speak Spanish. The ballot shall be secret, and be attested by the notary. The alcalde-mayor or the justice shall preside at the election, and the father minister may be present “if he please, in order to represent what he considers advisable, and for no other end.” The results of the election shall be sent, stamped and sealed, to the secretary of the superior government, and the appointment of gobernadorcillo shall be made from Manila, and the proper title despatched, while the other officials necessary shall be appointed as heretofore. This applies to the provinces of Tondo,Laguna, Cavite, Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces distant from Manila, elections shall be held in the same manner, and appointments made by the alcaldes-mayor or justices, who shall be furnished with blank titles, which they shall fill out. No man shall assume office without the proper credentials. Names of all appointees shall be sent to the superior government and entered in the proper books, as well as the fees of the credentials and stamped paper. The fees of media-anata shall be collected from all gobernadorcillos and other officials, the amount of such fees being entered in the royal treasury annually. The royal officials, on their part, shall see that all fees are paid, and shall ascertain from the alcaldes and justices the number of gobernadorcillos in the various jurisdictions, so that they may check up the records properly.]
80. [Retiring gobernadorcillos shall hold office until all fees have been met by the newly-elected gobernadorcillos.]
81. [Cabezas de barangay may be elected to the post of gobernadorcillo without ceasing to act in the former capacity, according to Arandía’s ordinance, no. 21.]
82. [Those becoming cabezas de barangay by inheritance shall obtain their credentials from the superior government, asking for the same with the accompanying report of the alcaldes, or the persons by whom they shall have been proposed. The district of each cabeza de barangay shall contain not less than forty-five or fifty tributes.]
83. [Since the houses of the Indians are so scattered, and there is so great lack of zeal in reducingthem “under the bells,” as is ordered by the laws and by many royal decrees, many spiritual and temporal wrongs are caused the Indians. For they do not attend church, and it is impossible often to attend the sick and give them the sacraments, so that many of them die without the consolation of religion. It is impossible to learn the sins committed, or the exact number of those who should pay tribute. Under penalty of being punished as enemies to the state, alcaldes-mayor are ordered to reduce the natives into villages. They shall not allow any house to be more than one-half league from a church; and, on the other hand, shall not allow them to be built so close together that there is danger of fire. Reports of what has been done in this shall be sent to the superior government annually, under penalty of a fine of 100 pesos. The ecclesiastical superiors are requested (in accordance with laws ii and iii, título iii, book vi of theRecopilación), to order their subjects to lend all the aid possible in the reduction. Any opposition offered shall be considered just cause for the ends proposed in law xiii, título xv, book i.]
84. [When the reduction of the villages is completed, the gobernadorcillo of each village shall take charge of the collection of the tribute, as compensation for which he shall be given one-half of one per cent. He shall report promptly to the alcaldes, under pain of loss of office, to which the deputies shall succeed. This method will relieve the cabezas de barangay from the collection, and the latter shall be included in the lists and pay tribute also, which will amount to a considerable increase to the royal treasury.]
85. [To obviate the harm resulting from thefather ministers meddling in concerns of temporal government (contrary to law lxvi, título xiv, book i of theRecopilación), alcaldes-mayor are ordered not to allow any usurpation of their office. All measures advocated by the father ministers in behalf of the Indians, spiritually and temporally, shall be presented to the alcaldes-mayor and other justices in a respectful manner, and shall receive respectful consideration, so that the Indians may receive a good example thereby, and pay the proper respect to each one. If the alcaldes are unable to check attempted usurpation, they shall report the same to the superior government, which will take the necessary measures. The father ministers shall, on their side, present grievances against the alcaldes and other justices who do not attend sufficiently to their recommendations for the spiritual and temporal welfare of the Indians, to their superiors, if they do not wish to do so directly to the government, who shall take the matter up with the proper authorities. Observance of this ordinance is urged on the secular and regular superiors.]
86. [Alcaldes-mayor must treat the gobernadorcillos with all the respect due their office, such as never allowing them to stand, in their houses or other places. Also gobernadorcillos shall be punished if they do not fulfil their duties with honor, and properly.]
87. [Alcaldes are also ordered to see that the gobernadorcillos are treated respectfully by the father ministers, “and shall not allow the latter to lash, punish, or maltreat them, nor leave them standing, or cause them to leave the baton at the street-door when they go to see the father curas or missionaries,as this is contrary to the honor and respect of justice. Neither shall they allow them to serve the plates in the masses of said fathers, as ministers of justice ought not to be employed in that service, or others like it, which are suitable only for servants.” All ecclesiastical superiors are ordered to charge all their subjects not to violate these regulations, and all the gobernadorcillos and officers of justice shall be notified that they are not to remain standing before the father ministers; that they are to go to visit them without leaving the baton of justice behind; not to serve at the masses; and not to leave the territory of their respective villages, even under pretext of accompanying the father minister, the alcalde, or any other person—under penalty of loss of their post, disqualification from holding any office of justice in the future, and two months’ imprisonment.]
88. [On their part the alcaldes, while preserving the necessary respect toward justice, must maintain due respect for the priestly office, and seek always to promote good relations with the father ministers.]
89. [Arandía’s ordinance, no. 10, ordering alcaldes and justices to treat with the father ministers only in writing and to visit them only when accompanied, is repealed, as it is contrary to law lxv, título xiv, book i, of theRecopilación. The ecclesiastical superiors shall do their utmost to restrain their subjects within the bounds of moderation. Frequent visits between the alcaldes, gobernadorcillos, and other justices, and the father ministers are recommended. In this intercourse, however, the gobernadorcillos shall be ruled in temporal affairs by the orders and commands of the alcaldes-mayor, but are to maintain due respect to the father ministers—whoshall not meddle with matters of secular government, but shall take the measures advisable for the spiritual welfare of the Indians.]
90. [Ecclesiastical superiors shall be requested to order their subjects to preach frequently to the Indians concerning their obligation of paying the tribute, and the indulgences that they obtain by taking the bull of the holy Crusade, in view of the many troubles arising from the lack of instruction in these two points “so important for their salvation, so in accordance with the intention of our Catholic monarch, and suitable to the zeal of good ministers of instruction, and of faithful vassals of his Majesty.”]
91. The sumptuousness of the buildings, the churches, and houses of the missionaries, mistakenly called convents, is one of the burdens which the Indians unjustly suffer, and which, according to a very laudable opinion, contributes greatly to their desolation. Moreover, since it is apparent by the experience of the past war, what harm said buildings have occasioned, as they serve as shelter and defense to enemies, it is declared that buildings of stone and tile shall not be permitted in the provinces where there is danger of enemies, but only those of boards and nipa;17and where it is considered advisable bythe superior government to permit them, a fixed rule shall be given, ordering that the houses of the missionary ministers be of moderate style, and in harmony with the plan which must be sent to each alcalde-mayor—with orders to demolish those which shall be built new without the necessary licenses, in case that they exceed the limits of the said plan. [This is in harmony with the royal decree, dated Madrid, June 18, 1767. The terms of ordinance 67 shall be observed until other regulations are provided.]
92. [While there is great excess in the sumptuousness of the houses of the missionaries, there is a corresponding degree of ruin and dilapidation in the royal buildings throughout the islands. Many are in so poor condition that they are unfit for habitation, and travelers and alcaldes-mayor are caused great hardship in their journeys through the villages. Often it is impossible for the latter to visit their jurisdiction for the lack of royal buildings; and, because of trouble with the missionaries, they cannot live in the convents. Still more disagreeable is it for ministers of the royal Audiencia to exercise their commissions in the provinces, for it is not in harmony with their dignity or good for their health for them to lodge in places unsuitable for habitation; whilelaw lxxxix, título xvi, book ii, forbids them to take lodging in the convents. In consequence of this it is ordered that all villages, especially the capitals of the provinces, erect suitable royal buildings, in accordance with plans that will be issued by the superior government. These shall be kept in repair, and in them the gobernadorcillos shall hold their courts and shall have their prisons.]
93. [According to old ordinance 52 (q.v., ante, pp. 223, 224), and to Arandia’s ordinance, no. 17, it is strictly ordered that the alcaldes-mayor request the father ministers to exert themselves, so far as it concerns them, to establish schoolmasters in all villages, who shall teach the Indians to read and write in Spanish, and the Christian doctrine and other prayers, in accordance with the royal decree of June 5, 1574. The pay of the masters shall be one peso and one cavan of rice per month, but may be increased at the option of the alcaldes-mayor; and it shall be paid from the communal treasuries of the villages (see no. 25 of the present ordinances). If the masters do not teach and instruct the Indians in Spanish, they shall make restitution of all the pay that they have received, be incapacitated from all employment in the islands, and punished at the will of the alcaldes-mayor. This matter shall constitute a factor in the visits of the alcaldes-mayor, and if any persons oppose the teaching of Spanish, they shall be proceeded against according to law. Neglect on the part of the alcaldes shall incur punishment in proportion to its degree. As yet but little zeal has been shown in this matter, and there has been a total lack of observance of law xviii, título i, book vi, of theRecopilación, which is in harmony with many royal decrees.]
94. [The visitas or chapels in villages, besides being unnecessary for divine worship, which is to be held in the churches where the Indians can attend, are a burden on the Indians, by reason of the expenses incurred in their building and repairs, and the increase of feast days (although there should only be the three permitted by the government), fees, and alms, which must be paid to the curas and missionaries. Consequently, alcaldes-mayor are ordered, at the time of their visit, to report to the superior government all the visitas in their jurisdictions where the sacrifice of the mass is celebrated; with what authority and license they are established; the distance from each visita to the church of the village; the advantages derived from them; the expenses, fees, and alms contributed by the natives; and all other matters connected with them. No visita shall be established without the sanction of the superior government.]
All the above sections contained in this royal ordinance shall be observed and complied with by the governors, alcaldes-mayor, and corregidors of the provinces of these islands, and by each of the persons mentioned therein—with warning that, if they do not execute them, they shall be punished according to the penalties imposed in them. Given in the city of Manila, and the royal hall of the assembly thereof, February 26, 1768.
Don Jose RaonFrancisco Enriquez de Villa CortaManuel Galvan Y Ventura
Registered,José Raon(seal)
By the grand chancellor,José Raon
[Then follows the short statement of the government secretary, Ramon de Orendain, who had the ordinances written down at the order of the Audiencia. This is succeeded by an act of the Audiencia, dated February 26, 1768, enjoining strict observance of these ordinances which were ordered to be formulated by royal decrees of December 4 and 23, 1760. Those decrees ordered the revision of the ordinances of Governor Arandía. In order that all persons may not plead ignorance of them, they were ordered to be registered in both accountancies, and in the government secretary’s office, and copies were to be sent to each alcalde-mayor, corregidor, and justice.18These copies were to be translated into the native languages of the different jurisdictions, and the archives of each village was to have a copy. Other copies were ordered to be sent to the bishops and the father provincials of the several orders, so that they might order obedience on the part of their subjects, who are not to meddle in governmental matters. Last is the attestation of Orendain as to the accuracyof the copy, which bears date Manila, June 14, 1768, and which was sent to the castellan of the port of Cavite.]