Part 5
In the city of Manila, on the sixteenth day of the month of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas the auditing of the accounts of this city for the past year, one thousand five hundred and ninety-eight, was committed to the licentiate Albaro Çambrano, late auditor of this royal Audiencia (whom may God keep in His holy glory!), and because by his end and death the auditing, continuation, and balancing of the accounts, as his Majesty orders and commands in his royal ordinance, have been neglected: therefore, they appointed, and they did so appoint, in place of the said licentiate Alvaro Çambrano, Doctor Antonio de Morga, auditor of this royal Audiencia, to audit the said accounts, and to continue and finish them according to the order given to the said licentiate Albaro Çambrano--for which, they granted, and they did so grant, him authority and commission as fully as is required by law. By this act they so voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that, on account of the end and death of the licentiate Albaro Çambrano (whom may God keep!), the licentiate Tellez Almaçan is to continue, close, and complete the accounts of the royal exchequer._
In the city of Manila, on the sixteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas the licentiate Albaro Çambrano, late auditor of this royal Audiencia (whom may God have in His holy glory!), to whom was assigned the auditing of the accounts of his Majesty's royal exchequer--which are at present being audited by the royal judicial officials--is now dead and passed from this present life: therefore, in order that on this account the auditing may not be delayed and fail of prosecution, as is fitting, and as the king our sovereign commands in his royal ordinance, in place of the licentiate Albaro Çambrano they appointed, and they did so appoint, the licentiate Tellez de Almaçan, auditor of this royal Audiencia, to continue, close, and finish the said auditing, according to the commission given to the said licentiate Albaro Çambrano, for which they gave him commission in legal form. By this act, they so voted, ordered, and decreed.
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that the city shall give information regarding its place of seating in the cathedral of this city._
In the city of Manila, on the sixteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, in order to assign to the cabildo, magistracy, and administration of this city the place of seating that it must keep in the cathedral: in order to ascertain the custom hitherto followed in the aforesaid matter, and in order to provide what is necessary concerning it, they ordered, and they did so order, the said cabildo, magistracy, and administration of this city to give an account of the part and place in which it has been regularly seated in the cathedral of this city--both in the time when the royal Audiencia formerly resided in these islands, and after his Majesty ordered it to be suppressed--in order that, upon examination, the necessary provisions may be made. By this act they so voted, ordered, and decreed.
Before me: _Pedro Hurtado Desquibel_
_An act concerning the royal magazines._
In the city of Manila, on the eighteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands, having examined the opinion of the official judges of the royal exchequer of these islands, on the question of building magazines in which to store the merchandise coming from China to this city, and having investigated other matters connected with the aforesaid, and further matter which is contained in the decree of the king our sovereign, ordering that this said Audiencia attend to the matter: they declared (in conformity with the opinion of Joan de Bustamante, accountant of the royal exchequer) that at present, and until experience further shows what it is most advisable to enact in this matter, the said Chinese merchandise shall be registered and appraised on the same vessels on which it was brought, as has been done hitherto. In order that there may be good accounts and reports, and less opportunity for fraud in the royal customs, they ordered that the official judges of his Majesty in these islands, as soon as each ship enters this harbor and anchors therein, shall go out to inspect it, registering and appraising all the merchandise and other things in the cargo. They shall exert diligence in the matter and make their inspection with the punctuality advisable, so that the said merchandise, or any part of it, may not be discharged or concealed. In order that this may be enforced more effectually, the necessary guards shall be placed on the said ships and in the bay, who are to be trustworthy persons, to the satisfaction of the said president and auditors of this royal Audiencia, by whom they shall be approved and appointed, The said official judges shall have, as a reward for their occupation and labors, one third part of the confiscations which are levied upon any merchandise found and seized because it had been hidden on the said ships, or withdrawn from them without registration or appraisal. They shall also be charged that they shall not allow or consent that, while the said merchandise is on the said ships, either the royal officials or their assistants, or any other person--Spanish, Sangley, or native--shall take, buy, or transport the said merchandise in large or small quantities, for cash or on credit; but that the merchants thereof, who brought the merchandise from China on the said ship, after making registry and appraisal, may take them ashore freely and where they will, without any obstacle or hindrance from anyone--with the warning that, if any one of them do not so observe and fulfil this act, he shall be proceeded against with the full rigor of the law. They ordered that a commission, in due form, be given to the said guards, both in order that they may wield the authority of justice, and that there be no other guards but those who are so nominated by this royal Audiencia; those hitherto acting as guards shall exercise the said duty no longer, under the penalties incurred by those who so act without power or commission in the matter. This act shall be made known to his Majesty's officials, and the chief clerk of mines, and the regidors, for those who are at present guards; and it shall be added to the other acts and investigations made by virtue of the said royal decree of his Majesty. By this act, they so voted, ordered, and decreed.
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that tribute be collected for the king, our sovereign, from all the Indians found settled and dwelling in this city and within its bounds, who belong to his Majesty's encomiendas._
In the city of Manila, on the twenty-second of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands examined the petition of the licentiate Geronimo de Salazar y Salzedo, fiscal for his Majesty in this royal Audiencia, that the collectors of the royal tributes of the king our sovereign, in this city and its environs, may collect tribute from all the Indians who are found therein, notwithstanding any obstacle or excuses whatever which may be offered by the said Indians, or by any encomenderos. Considering that for many years the Indians have dwelt and resided in this city, and that their tribute belongs and pertains to his Majesty, they declared that they ordered, and they did so order, that the collectors of the royal tribute shall collect their tributes from all the Indians found settled and dwelling in this city and within its bounds, who belong to the encomiendas of his Majesty. The said Indians shall not pay other encomenderos, nor shall such encomenderos collect any tribute from them, under penalty of returning to the said Indians what they shall have collected from them. In order that the provisions of this act be observed, enforced, and executed, they ordered it to be publicly proclaimed in this city and its limits, in both the Tagal and the Castilian languages. They committed the execution and enforcement of it to the official judges of the king our sovereign in these islands. The aforesaid president and auditors also ordered that, if any persons claim to have any right contrary to the matter herein contained, they are to appear before this royal Audiencia, to petition before it for whatever is fitting in their case. By this act they so voted, ordered, and decreed.
Before me: _Pedro Hurtado Desquibel_
_An act decreeing that the alguazils, as soon as they arrest delinquents, shall give notice thereof to one of the auditors and to the commissioners, who shall formulate their cases and bring them to the office of the clerk of court._
In the city of Manila, on the third of April, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas it is continually happening that the alguazils of this court arrest delinquents whose cases the notaries and commissioners undertake, and, without giving notice to the aforesaid president and auditors, or taking such cases to the office of the present secretary, they allow them to remain in their possession, and the said prisoners to remain in jail, without any note or account of their imprisonment, whence result vexations to the said prisoners, and the said alguazils and commissioners do not fulfil the obligation which rests upon them: therefore, to find a remedy for this and other annoyances which may result from it, they ordered, and they did so order, that now and henceforth, as soon as the said alguazils shall arrest any delinquent, they shall give notice thereof to one of the above-mentioned persons, in order that he may take the fitting action in regard to the said imprisonment. Any commissioner who shall undertake the cause of said prisoner or prisoners shall immediately take it to the office of the present clerk of court, so that in this manner there may be the necessary system. Whatever one or the other may do shall be despatched with all promptness and punctuality, and no favor--under penalty of a fine of six pesos for anyone who shall disobey this decree, to be given the poor in the prison. By this act they so voted, ordered, and decreed.
_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the royal officials shall give Doctor Antonio de Morga three hundred pesos from treasury fines, for ornaments and other things necessary for the chapel._
In the city of Manila, on the tenth of May, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands, being in session, declared that, whereas the chapel of this royal Audiencia is in great want and need of many things that are very necessary and indispensable, for its vestments, decoration, and furniture; and whereas, through lack of money, the said needs have not as yet been supplied: therefore, to make provision for them, they ordered, and they did so order, that the official judges of the royal exchequer of the king our sovereign, in these islands, shall, from any treasury fines in their charge, immediately give and deliver to Doctor Antonio de Morga, auditor of this royal Audiencia, three hundred pesos of common gold, which he shall expend in providing the said chapel with the things most necessary for it, systematically and carefully. They ordered that he be given a warrant for the said purpose, in due form. By this act, they so voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that secretaries of this court and government may be attended by slaves with swords._
In the city of Manila, on the thirteenth of May, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas, in conformity with the decrees and ordinances given by his Majesty for his royal Chancillería of Nueva España, residing in the City of Mexico, and for other audiencias throughout the Yndias, he orders that secretaries of the court and the government shall have, as a retinue and guard, slaves with swords, conformably to the dignity and gravity of their office: therefore, in order that the same be done in this court, in regard to the secretaries of this court and government, and in order to preserve the preeminence and exemptions which they may and should enjoy here, they ordered, and they did so order, that, now and henceforth, the said secretaries of this court and government may freely bring into this court, as their retinue, the said slaves with swords, according to the usual custom in the said royal Chancillería of the City of Mexico, and other chancillerías of the Yndias, without the interposition--by any person, of whatever estate, quality, or rank--of any hindrance or impediment whatever, under the penalties provided by law. Thus they voted, and ordered it to be recorded as an act, and signed it in my presence.
_Pedro Hurtado Desquibel_
_An act decreeing that the Sangleys shall not be allowed to have godchildren, on account of the injury which may result therefrom._
In the city of Manila, on the seventeenth of May, one thousand five hundred and ninety-nine, the president and auditors of the royal Chancillería of these Philipinas Islands, having examined the information which was referred to this royal Audiencia by Estevan de Marquina, alcalde-mayor of the village of Tondo and its presidio, regarding the custom which the Christian Sangleys of that jurisdiction have among themselves, of receiving and having a great number of godchildren, both Christian and infidel, in order to have them ready for any emergency that may arise, and to employ them as false witnesses--to which they lend themselves with great facility, and at little cost--and for other evil purposes and intents, exchanging with them favors and assistance in their affairs; and whereas, on account of these and other causes which have come to light, and as is quite evident from the said information, that district is ruined and divided into factions, and that it would be advisable, for its reform, to suppress this custom of having godchildren, and that they should not continue it, under severe penalties: therefore, they declared that they ordered, and they did so order, that, now and henceforth, the Sangleys of these islands shall in no manner have or avail themselves of the said godchildren; nor use their names, nor those of any others, in order to have them for their partisans or accomplices in any kind of transaction which might occur, as they have been wont to do hitherto; nor shall they regard them as such, or receive others in their place; and they shall give up immediately all those that they had. The others who are infidels shall do the same, so that there shall remain no remembrance of the said intercourse--under penalty that any Sangley, of any rank whatever, who shall be known to have continued it and to have the said godchildren or godparents, shall be condemned to row in the galleys for four years, in a place prescribed, without pay, as soon as they are adjudged guilty thereof. The said alcalde-mayor of Tondo and its presidio, and all other magistrates whatever, are ordered to take especial care in the fulfilment and execution of this act. They shall cause it to be published, in order that all persons may know of it, and none plead ignorance--for which purpose an order shall be given in due form, and this act inserted therein. Thus they voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the Christian Sangleys, and all those who may become Christians in the future, shall practice and exercise the occupations that they had before they became Christians._
In the city of Manila, on the seventeenth of May, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia, Court, and Chancillería of the Philipinas Islands, having examined this information which was remitted to this royal Audiencia by Estevan de Marquina, alcalde-mayor of the village of Tondo and its presidio, concerning the advisability and importance that the Christian Sangleys living in the said village of Tondo, and in the other villages of its jurisdiction, and those who become Christians in the future, shall not abandon the occupations which they had before they became Christians, as they have been accustomed to do, but shall continue to exercise and practice them in the same manner as before--for, by thus abandoning their occupations, that people are unoccupied and slothful, and spend their time in games and vicious amusements, whence result the harm and trouble which may be considered: they declared that, in order to remedy that state of affairs, they ought to order, and they did so order, that, now and henceforth, the said Sangleys shall practice and exercise the occupations which they had practiced and exercised before they became Christians, and shall, under no consideration, abandon them--this being understood to apply to those becoming Christians in the future, and to those who have been Christians for six years previous to the present--under penalty that whoever disobeys this decree shall be sentenced to row in the galleys for four years, in a place prescribed, without pay, to which they declared that they delivered them, and they did so deliver them, immediately as condemned persons. They declared that they ordered, and they did so order, the alcalde-mayor of Tondo and of the Parian, and other magistrates of this city and of these islands, to take great care in the execution and fulfilment of the aforesaid, under penalty of being punished. Thus they voted, ordered, and decreed. They ordered that the said magistrates, each in his own jurisdiction, should make the necessary inquiries, in order to ascertain who are the Sangleys that come under the provisions of this act, and the occupations which they follow.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that no alcaldes-mayor or other magistrates shall leave their jurisdictions without undergoing residencia; and that those who shall not have done so, or given a report of the convictions and fines and tenths of gold which shall have been in their charge, shall not be appointed._
In the city of Manila, on the fifteenth of June, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that they have been informed that it is customary to appoint as alcaldes-mayor, and to other offices of justice, some persons who have not undergone residencia for offices that they have held before, or who have not rendered account of the treasury fines and expenses of justice and war which have been in their charge; also that other persons come to this city after their terms of office have expired, without waiting to furnish the said residencias, or being present at them, as is required--whence it results that his Majesty's royal exchequer is defrauded, since it does not have the income of the said fines and tenths of gold. On the other hand, the said residencias not being taken, as is required, nor the public claims before them paid to their owners, and many other annoyances resulting, of some importance: therefore, since it is advisable to remedy the aforesaid condition, they ordered, and they did so order, now and henceforth, the decree according to the laws of these realms, providing that no persons who have held other offices be appointed to offices of the justiciary, until they have furnished residencia of those that they previously held, which shall have been examined and passed upon; and that such persons shall have deposited, first and foremost, in his Majesty's royal treasury, all the fines and condemnations which shall have been in their charge, with tenths of gold and other things of which they must give account, together with the payment of these and of any other sums which they shall have been sentenced to pay in their residencias. In order that they may furnish these, they must be present in person, during the time prescribed by law, without leaving their jurisdictions--being warned that if any person absent himself from the jurisdiction where he holds office, without first furnishing residencia, it will not be received or heard by the prosecutor, and he will be compelled to return to furnish it in his own person. In order that the provisions of this act may be strictly enforced, they ordered that his Majesty's fiscal register the letters-patent which shall have been given to the said offices of justice; so that whatever is ordained by the said royal laws, and provided by this act, he may claim when the officials shall be appointed, and the necessary residencias be taken. Likewise there is to be delivered to the government secretary of these islands a copy of this act, so that in the patents of those who shall be appointed the fulfilment of what is herein contained shall be formally inserted as a clause, and his Majesty's said fiscal shall register the said patents. They cannot continue to exercise their offices without first making the said investigation, exactly observing the provisions of this said act; and the accountant of the royal exchequer shall likewise register it; so that whoever shall not have given an account of the said fines, tenths of gold, and other matters which shall have been in his charge, shall not take his office. By this act, they so voted, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
In the city of Manila, on the thirteenth of July, one thousand five hundred and ninety-nine, I, Pedro Hurtado Desquibel, clerk of court for the royal Audiencia, Chancillería, and Court of these Philipinas Islands, certify and attest that, from the eighth of June, of the past year, one thousand five hundred and ninety-eight, to the present day, the date of this testimony, the president and auditors of this said royal Audiencia, have from time to time agreed upon and enacted the acts [4] which are herein copied, for good government, both officially and at the petition of his Majesty's fiscal, as in them and each one of them is declared. The copies are true and exact, and, in order that it may be evident that it is by order of the aforesaid, I gave the present copy--the witnesses to its transcription, correction, and revision being Pedro Muñoz de Herrera, Joan de Harana, and Alonso de Saavedra, citizens of this city. In witness of which, I have affixed my seal in witness of the truth.
_Pedro Hurtado Desquibel_
[_Endorsed_: "Filipinas, 1599." "Acts for the good government of those islands."]
The Hospital for Indians at Manila
May Jesus, our salvation, dwell in the soul of your royal Majesty. Although I am but wretched dust and ashes, I make bold to write this letter since I am, in company with two other religious of the Order of our seraphic father St. Francis, appointed to minister in this royal hospital of your royal Majesty (which is called the hospital of Sancta Ana) for the natives; in it all the natives of all these islands are cared for, and it is situated in this city of Manila.