Part 20
In the city of Manila, on the twenty-fifth of June, one thousand five hundred and ninety-eight, the president and auditors assembled in this royal Audiencia and Chancillería declared that, whereas in this said city of Manila all sorts of provisions have become very dear, on account of the disorder that has existed, and does exist, through having allowed many Sangleys and native Indians to go through this city and five leagues round about it, trading and bartering the said provisions--as, for instance, rice, wine, fowls, swine, cows, buffalo, game, eggs, geese, kids, cocoanuts, bananas, pullets, capons, fish, olive-oil, vinegar, and other provisions that are gathered and raised within the five leagues, or are bought from outside from the other provinces, islands, villages, and hamlets--and act as hucksters and retailers of these provisions: therefore, as it is advisable to provide the necessary remedy in this matter, in order that the said disorder be avoided, they ordered, and they did so order, that no person--Spaniard, Sangley, native, or of any other nation, quality, and rank whatever--shall trade or barter, now and henceforth, in the said provisions, or in any of them, in this said city or within the five leagues of its jurisdiction. No huckster shall buy or retail for his own trade or profit any of the above things, under any condition, under penalty of confiscation of everything thus found in his possession which he has bought or traded for--half to be applied to his Majesty's treasury, and the other half to go to the informer or constable who exposes him, or to the judge who gives sentence. Besides this, any person who shall be discovered not to have fulfilled this obligation shall, if he be a Spaniard, for the first offense be imprisoned twenty days in the common jail; and for the second he shall be banished for six months from this city and the five-league circuit of this court, to a prescribed residence. If he be a Sangley or an Indian, he shall for the first offense be given one hundred lashes; and for the second shall serve in his Majesty's galleys, or at the forge, or in the powder-house, for a period of two years without pay. Those who obtain the said provisions by cultivation and labor within a circuit of five leagues, or who bring them from outside this city to sell them therein, may sell and bring them freely, so that it be not to the said hucksters or retailers; and provided that they bring them first to the public square of this city, or up the river in their vessels, in order that the inhabitants and dwellers in this city may be provided with whatever they may need, for the time and space of two natural days. These being passed, whatever they cannot sell they may carry away, and sell in the other towns within the said five leagues. Likewise, they ordered that no person shall go by way of the sea or the river or by highways whence come the said provisions, to take or buy them from those who should be bringing them, before the arrival of the latter with them in this city, within the five leagues, under penalty of one hundred lashes; and that the alcaldes-in-ordinary, the regidors, and other officials of this city, and the alcaldes-mayor of Tondo and Bulacan and their assistants, shall take especial care for the execution and enforcement of this act in their districts, being warned that they will be punished at their residencias, and will be charged therewith; and warning will be given to those who take their residencias that their punishment be executed. Thus they voted, ordered, and decreed over their names, and that this act be proclaimed in this city and the suburb of Tondo.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that no one shall embark for the purpose of leaving these islands, without permission_.
In the city of Manila, on the first of July, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia and Chancillería of the said islands, being assembled, and considering a petition presented by the licentiate Geronimo Salazar y Salzedo, his Majesty's fiscal in the said royal Audiencia, declared that, whereas many people who go unpunished by the royal justice for murders and other crimes that they have committed, and others for owing money to the royal exchequer, and for bringing suits against the royal treasurer, and who have other legitimate reasons for not being able to leave this city, absent themselves from it in order not to be punished, or to pay what they owe, and go to Nueva España and other places, favored and assisted by generals, admirals, captains, masters, and other officers and persons of the ships sailing from these islands, whence results much harm and trouble; therefore, in order that the aforesaid evils be remedied, and that this may not be so henceforth, they ordered, and they did so order, that no general, admiral, captain, master, or any other officer or person, on whatever vessel sailing from these islands, for Nueva España or any other places whatever, shall receive, assist, protect, or conceal, in any manner, any person of any rank or condition whatever, so that he may embark on such ship or ships--even though he may go thereon as captain, master, pilot, sailor, or in any other capacity--without securing permission in writing from the governor and captain-general of these islands, drawn up with the necessary conditions, and in the usual form. If it should happen that the said person or persons embark so secretly that they do not allow themselves to be seen by the officers of the said ship on which they are, until it is under sail, as soon as they allow themselves to be seen, the captain of said ship shall be informed thereof, in order that he may make investigation of it, ascertaining and assuring himself how and in what manner, and when and how, they embarked and where; who helped and protected them therein, and who saw them embark; and for what reason they secretly embarked. The said officers shall arrest the person or persons who shall have embarked, together with those who shall have given their favor or assistance. They shall be found guilty in conformity with the aforesaid, and placed in irons, so that at the first port where they arrive, they may be handed over, with a copy of the investigations which shall have been made, to the justice thereof, who shall keep them prisoners. On the first occasion of the sailing of any ship, he shall send them as prisoners to this city under a sufficient guard, to the royal prison of this court, delivering them to the warden thereof, and taking his testimony in the matter, delivering also the original of the said investigation. They shall send a complete and authentic copy of all the above to the fiscal of the said royal Audiencia, in order that such persons may be punished as their offenses demand. They ordered unanimously that no person, of whatever rank or condition, for any cause or reason whatever, shall leave this city, to go beyond these islands, or to leave them for Nueva España, or any other places unless he has permission in writing from the said governor, with the necessary conditions. Likewise, it shall be understood by the captains, masters, pilots, sailors, and other workmen on any ships whatever, in the manner aforesaid. In order that this act be exactly enforced, it shall be publicly proclaimed in this city and the port of Cavite. Copies shall be made of it and affixed to the doors of the royal houses, so that it may come to the notice of everyone, and no one may plead ignorance of it, so that one and all may observe it in the manner aforesaid--under penalty of a fine of five hundred pesos of common gold, to be applied to the use of the royal treasury and the interests of the royal exchequer, to which sum they hold them condemned as soon as they disobey this decree, besides the deprivation of their offices. This penalty is to be executed without any favor. Thus they decreed, ordered, and ordained.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_
_An act decreeing that one of the auditors shall have charge of reviewing the charges against prisoners every two months_.
In the city of Manila, on the fifth of August, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, being assembled, declared that, whereas there are many prisoners in the royal prison of this court, whose numbers are constantly increasing, on account of arrests for vagabondage and other criminal charges: therefore, in order that the cases of such prisoners be settled and despatched with all promptness, the charges against them reviewed during the week, and their cases substantiated and decided, and that the order and system requisite to the quick and efficient despatch of their affairs may be observed, they ordered, and they did so order, that now and henceforth, an auditor of this royal Audiencia shall, during the months assigned to him, review the charges against prisoners, at such times and in such wise as he may deem proper. The cases of such prisoners as are in the prison must be definitely substantiated and concluded, without any prisoner being able to escape, or any case to go unsettled. He shall then refer them to the court of this royal Audiencia, in order that they may be examined and decided therein. In the aforesaid examination, he shall take particular care to follow the established practice, so that there may be suitable method and system, in order to avoid long imprisonments and delays in the cases. To execute the above, full authority and power was delegated in due legal form. They ordered the licentiate Christoval Tellez de Almaçan, auditor of this royal Audiencia, to begin his months from today; then, consecutively, the other members of the Audiencia. Thus they voted, and ordered it to be registered as an act, and signed the same.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act relating to the breeding of fowls_.
In the city of Manila, on the second of October, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas in the instructions which have been given to the alcaldes-mayor of the provinces of these islands, the latter have been charged and ordered to take particular care that the natives thereof shall raise fowls, in order both to pay their tribute, and to keep the land supplied with necessary food; they are, however, informed that, although the said alcaldes-mayor take particular care in the execution and enforcement of the said instructions, the said natives do not breed the said fowls, because no pecuniary penalties are exacted from them--whence it results that they have none wherewith to pay their tribute; and there is a very considerable lack and scarcity of them in this city, so that they are worth three or four reals apiece, and then scarcely to be found; therefore, to remedy this loss, they ordered, and they did so order, the said alcaldes-mayor, now and henceforth, to reward any of the said natives who raises the number of fowls that is called for by the said instructions. The Indians who will not raise them can be and shall be fined one toston, which is to be applied equally to the support of the two hospitals in this city, those for the Spaniards and for the natives; but no other fines or costs are to be collected from them. They shall keep a book with an account and a report, in which they shall enter the said condemnations in legal form--wherein they shall take great care and diligence, so that the provisions of this act may be better enforced. In order that the said natives may not pretend ignorance, the said alcaldes-mayor, upon receipt of a copy of this act, authorized by the present notary, shall have it proclaimed in the villages under their jurisdiction, with the number of fowls that must be raised, so that the said penalties may be imposed with more rectitude and justification. By this act, they so voted, ordered, and decreed, and they ordained that this act be inscribed in the book of this royal Audiencia.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act relating to slavery_.
In the city of Manila, on the second of October, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas they had been informed that in the province of Pampanga were many native slaves, divided among many masters--one slave often serving ten masters, more or less--whence resulted great disservice to God our Lord, on account of the vexations, troubles, and great injuries received by the said slaves in serving so many masters; and whereas they had ordered Benito de Mendiola, alcalde-mayor of the said province, to inform himself regarding what should be done in this matter in order to repair such wrongs; and whereas the latter, in a petition, presented before the aforesaid Audiencia, has informed them that no satisfactory division of the slaves is made among the heirs, and that on this account they may be appraised at the common value and appraisal, and when they are sold the purchase-price should be divided among the heirs; and, if after being appraised, one of them retains a slave, he should pay the other heirs for their share: therefore, because the said opinion seemed a fair method of procedure, they ordered, and they did so order, the said alcalde-mayor of Pampanga, now and henceforth, to take particular care in such cases to observe the said plan--so that such slaves shall not have so many owners, nor endure, or be vexed with, the service of so many masters, whom they cannot serve without considerable trouble. It often happens that they run away from their masters, or are ill-treated and not supplied with food and other things necessary to their life. The said alcalde-mayor shall be advised to execute and enforce the tenor of this act, being warned that, if he shall not do so, vigorous proceedings will be instituted against him. By this act, they so voted, ordered, and decreed, providing that this act be entered in the books of this royal Audiencia.
_Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing a proper regulation of supplies_.
In the city of Manila, on the fifteenth day of the month of October, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, being assembled, declared that at present there is a great lack of provisions in this city, and that those that are to be had are so high-priced, that there is general suffering. It is thought that, unless this be regulated, the trouble will increase in the future.
_Buffalo meat_. Therefore they ordered that a contract should be made with ten Indian arquebusiers, from among those who have permission to hunt, so that what buffaloes they kill shall be brought for public sale at the city slaughter-house; and there shall be there every day the meat of at least one buffalo, which is to be weighed out and distributed to the citizens.
_The natives and Sangleys must raise fowl and swine. Item_: They voted and ordered that, now and henceforth, all the natives of these islands, and the Sangley gardeners who reside therein, shall raise fowl and swine, as they are ordered, under penalty of a fine of four reals apiece--three of these to be applied to the use of the hospitals of this city, and one to the alguazil-mayor or judge who executes this decree. To that end, the necessary orders shall be despatched, directed to the magistrates, charging them with the enforcement thereof, and warning them that especial attention will be paid to their observance of them, when their residencias are taken.
_That the natives shall bring their provisions for sale to this city_. Likewise, they ordered the said alcaldes-mayor and magistrates to be charged and ordered to procure and give orders, each one in his jurisdiction, to the Indians to come to this city with fowl, swine, wine, rice, olive-oil, vinegar, and other provisions which they may have, to sell in this city, for the provision thereof. They are to come directed to the president, so that he may have some one commissioned to distribute the provisions without injury to their owners, and at their full value. Especial care is to be taken in the execution of this.
_That pork shall be sold in the public square at a counter, by weight and assize_. Further, they ordered that, neither in this city nor its suburbs, nor in the Sangley and native settlements, shall any person offer for sale or sell, a dead hog or parts thereof, in the streets or in their houses, unless it is brought to the square or the Parian, or any other place that shall be assigned therefor by the magistrate. There it shall be sold publicly at a counter, by weight and at fixed rates, under penalty of confiscation of whatever is found on sale in any other way--which shall go to the alguazil or judge executing this decree--and twenty lashes applied to the seller.
_Price at which hens, chickens, and capons shall be bought and sold. Item_: In order that the dearness of the price of fowls may cease (for they are the principal sustenance of this land), and because it is just that there shall be a common and general price for all, they ordered that no person--Spanish, Sangley, native, or other, of any quality, rank, or condition whatever--may sell or cause to be sold in this city, or within a radius of five leagues thereof, hens, capons, and chickens, whether of their own breeding, or of their income, profit, or property, in any way whatsoever, at a higher price than the following: a laying Sangley hen, two and one-half reals; a Moro hen, two reals; a male chicken, one real; a pullet, one and one-half reals; a Sangley capon, three and one-half reals--under this penalty, that whoever shall be found selling at a higher price shall lose the fowls which are thus sold, which shall be divided into three parts, among the hospitals of this city, and the informer or the judge who shall execute this decree. At this price those who have fowls shall be obliged to give them to anyone who would buy. The justices are charged and ordered to take care to have this scale observed and enforced in their jurisdictions, with the utmost strictness. It shall be proclaimed and published therein, that no one may plead ignorance thereof.
_That provisions shall be allowed to be sold freely._ Further, they ordered that all provisions shall be freely offered, and those who bring them shall sell them at their pleasure and free will: and no person in this city, or its suburbs and settlements, shall dare to take by force, or against their will, from the Indians or Sangleys, what they bring to sell, or cause them any injury or molestation therein, under penalty of being severely punished.
_That those who sell fish and other provisions shall maintain the fixed rates_. They also ordered that those who sell fish and other provisions, shall abide by the fixed rates which are established, under the penalties imposed for the violation of them. This act shall be publicly proclaimed in this city, and in the Sangley Parian, and in the settlements of Tondo, in order that all may know of it.
_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almazan_ The licentiate _Albaro Çambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act relating to the importation to this city, from the neighboring provinces, of fowls, swine, and eggs, for the ordinary allotment_.
In the city of Manila, on the seventh day of the month of December, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia and Chancillería residing in the said city, examined the petition of the protector of the natives of these islands, presented in the name of the inhabitants of Tondo and its district, in regard to their ordering that this city of Manila should be provided with the fowls and swine necessary for its sustenance, from all the provinces and villages of this neighborhood, allotting among them equitably what each one is obliged to furnish, so that no one be overburdened; but, since all this has been thus done until now, the said village and tributes of his Majesty are being depopulated and growing smaller. The said Audiencia having likewise seen the want and necessity which has existed, and exists at present, of the said fowls, swine, and eggs, for the sustenance of this city--although, to remedy the difficulty, the said president and auditors have enacted other ordinances and acts--they declared that, in order that the provisions of the said act may be better fulfilled, and with greater ease and convenience, and less vexation to the natives, since the inhabitants of each one of the villages of these environs know what assistance they owe, they [the Audiencia] ought to order, and they did so order, that, now and henceforth, the alcaldes-mayor of these environs of Manila--namely, those of Tondo, Pampanga, Bulacan, Laguna, Mindoro, Balayan--shall be under the obligation of providing this city from their said districts with the fowls, swine, and eggs necessary for its sustenance, at the time and in the quantity and order following.
First, the year shall be apportioned and divided as follows for each alcalde-mayor: That of Tondo, the first three months of the year--January, February, and March. That of Pampanga, the next three months--April, May, and June. That of Bulacan, the next two months--for the inhabitants of Bulacan, July and August. That of Laguna, the next two months--for the inhabitants of Laguna, September and October. That of Mindoro and Balayan, the next two months--November and December.
They are charged and ordered to take particular care to be punctual in entering upon their months without awaiting any other orders, and to send to this city each week, until their term is finished, to the person who shall be nominated and appointed, three hundred laying hens--the fourth or third part of them pullets, at the rate of four small ones or two large ones for one laying fowl--and likewise two thousand eggs, and the number of swine that he may consider proper, and that can be produced. And the said person, as soon as he shall receive them, shall distribute them all in due order and form, to those persons and in the manner ordained and ordered, paying immediately those who brought them, according to the scale imposed by this royal Audiencia--advising the natives that during Lent, in place of fowls, they must send eggs.