The Philippine Islands, 1493-1898; Volume 50 Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century

ii. These amount to nineteen thousand, one hundred and ninety-three

Chapter 229,736 wordsPublic domain

pesos, six reals.

4. In the aforesaid paper of suggestions, and in the report of June 5, 760, the reasons were set forth why the king should not pay the cost of the missions which come from España to these islands; for the religious orders are rich, although they deny it. Thus the royal exchequer could save what is mentioned in the eleventh item of statement ii, which amounts each year to forty-six thousand, five hundred pesos.

5. The impost of the three reals for each tribute for the feasts of Corpus [Christi], the patron saint, and the monument, was granted by the provisor of this archbishopric at the instance of the religious orders, in the year 1697; and in that of 704 it was included in the provincial ordinances by Señor Zabarburo. This contribution is excessive, and the cost of the feasts is very small because the natives make the decorations of branches and furnish much wax; and the two feasts of Corpus Christi and the patron saint usually are held on the same day. For these reasons Señor Molina commanded, in his bishopric of Nueva Cazeres, that no payment should be exacted from the Indians on account of these feasts, further than half a real for each tribute, considering that this sum was sufficient to pay for their celebration. The same was the practice of Señor Arevalo, who succeeded him in the same bishopric; but Señor Matos, the last bishop there, did not act thus. It is also an intolerable burden to the Indians that at the time when they go to make their confessions, in order to fulfil the annual injunction, the said contribution is collected from them; and most of them are persuaded, through their stupidity and ignorance, that they are paying for the confession. All this I have explained in the expediente of ordinances which is pending in the royal Audiencia. It would therefore be expedient that the said three reals be collected by the alcaldes-mayor, who should give to the curas and ministers a third part of the proceeds, setting aside the other two thirds for the maintenance of the fortified posts. Thus the royal exchequer would have the benefit of this saving of expense, and would be increased by fifty thousand pesos, which is two-thirds of the proceeds of the three feasts, as is stated in the first item of statement iv.

6. The royal exchequer can save the cost of furnishing the medicines, clothing, support, and comforts for the sick religious; for the returns from the ministries are large, and the religious orders are rich. This saving, as is said in the eighth item of statement ii, amounts to five thousand pesos.

The total of all these items is 155,693 pesos, 6 reals.

Thus the royal exchequer can save expense, and increase its funds every year by the sum of one hundred and fifty-five thousand, six hundred and ninety-three pesos, six reals, the amount of the six previous items, which correspond to the costs of the spiritual administration of the Indians. This should be deducted from the amount which the ecclesiastical estate receives, for this very purpose, from the king and from the Indians--which, according to the summary of statement iv, reaches the sum of four hundred and thirty-two thousand, six hundred and twenty-nine pesos, six tomins--and there still remains, in favor of the ecclesiastical estate, two hundred and seventy-six thousand, nine hundred and thirty-six pesos.

Summary

Pesos tomins

The ecclesiastical estate receives from the king and from the Indians, as in the summary of statement iv 432,629 6 Deducting the amount of the savings which are stated in the preceding lines, 155,693 6 ------- - There remains, in favor of the ecclesiastical estate, a net balance of 276,936

Note

The escorts which are furnished to the ministers are, at most, proper in the first years of a mission; but ordinarily this is a useless expense, by which the religious orders profit--or rather their missionaries, who take no other escorts than their own servants; nor do they need escorts, especially in the well-peopled missions. Most of these are such, because many Indians from the villages take refuge in the missions, either fleeing from justice, or for not paying the tribute. Thus could be saved the cost of the said escorts; and even the stipend for every mission after twenty-five years from its establishment, by causing the people to be brought into villages.

STATEMENT VI

Other increases and savings which the royal exchequer can make, in the various directions which are here stated.

1. It is assumed that there are, at the lowest figure, six thousand heads of barangay in the provinces of these islands; for although, by the ordinance, each headship ought to have forty-five entire tributes, it is certain that there are few which reach that number, and that there are many of five, eight, ten, and twenty tributes. Therefore, assigning to each headship, on the average, at most thirty tributes, they make the six thousand above stated, the number of tributes [in them being] one hundred and eighty-three thousand, three hundred and thirty, the lowest computation that can be made of headships and of tributes. As three persons in every headship are exempted [from paying tribute], the royal exchequer is deprived of the value of nine thousand entire tributes, which, at the rate of ten reals, make eleven thousand, two hundred and fifty pesos. Therefore, by abolishing the said headships, and making the governadorcillo or headman of each village responsible for the collection of the tributes therein (as is done in Nueva España), or by allowing the said headships and decreeing that those who hold them shall pay tribute (as they formerly did, by order of the visitor, Auditor Don Joseph Arzadun), this increase in the tribute will result to the advantage of the royal exchequer, by the sum of eleven thousand, two hundred and fifty pesos.

2. It is generally the case that the heads of barangay keep back from the king, at a very low estimate, at least ten tributes each, on account of the dispersion of the houses of the Indians, which renders almost impossible any exactness in the tax-lists which for this purpose are committed to the said headships. Therefore, if the reduction of the villages into parishes [52]--which I have continually urged, and shall ask from this government--could be effected, not only would the aforesaid collection of the tribute be greatly facilitated, especially if it were committed, as I have said, to the governadorcillos and leading chiefs; but the tax-lists would be exactly drawn up by the alcaldes, and the said ten tributes in each barangay which have been mentioned would not be kept back from the king. This, estimated for the six thousand [headships], would come to the number of sixty thousand tributes; at the rate of ten reals each, the royal treasury would enjoy an increase from this source, which would reach the sum of seventy-five thousand, five hundred pesos.

3. By order of the above-mentioned visitor, no exemption from tribute was enjoyed by the officials of the villages, except by the governadorcillos and headmen; and counting six exempt persons [each] in three hundred and sixty villages alone--without including the visitas, which also have their officials--they make the number of two thousand, one hundred and sixty, which make one thousand and eighty tributes. These, at the rate of ten reals, amount to one thousand, three hundred and fifty pesos; consequently, by taking away these exemptions the royal exchequer will be increased by this sum.

4. The singers, sacristans, and doorkeepers of the churches in the villages are paid from the communal treasury of the Indians, and have their fees at all the feasts, burials, etc. [53] By exempting them from polos and personal services, and taking away their exemption from the tribute, [there would be gained] two thousand and thirty-eight and one-half whole tributes, which in the general [statement of] accounts for the year 765 are reckoned as exempted on account of the service of the churches in the villages tributary to the crown; the increase to the royal exchequer would be two thousand, five hundred and forty-eight pesos, one tomin.

5. Those who are for the same reason exempted in the villages of private encomiendas, according to the said general statement, number one hundred and ninety-six and one-half whole tributes. By abolishing this exemption, the increase to the royal treasury will be two hundred and forty-five pesos, five tomins.

6. The confusion in the accounts of the royal revenue in the provinces; the arrears [in despatch of business] which they experience in the offices; the increased losses of ships, with goods belonging to the royal account, which are made a pretext [for not settling their accounts]; losses by fire; uncollectible charges; negligence in pushing the collections that ought to be made; and other damages which follow from the said confusion--all these are reckoned at thirty thousand pesos a year. If the debits and credits were in money, and not produce, and the alcaldes were obliged to supply the royal storehouses, transporting at their own account the commodities from the provinces--these being placed to their credit, according to the stipulation made with each one--with the rest which I have presented before the royal Audiencia and superior government, the royal exchequer would render available the said sum of thirty thousand pesos.

7. Likewise I have asserted in the royal Audiencia that the Indians ought not to be paid for the conveyance of their tributes, [when paid] in kind, from their villages to the capital of their province, as being contrary to the laws (ley 1, titulo 9, libro 8, and ley 63, titulo 5, libro 6, in the Recopilación de Yndias) which treat of the tributes of the crown, and plainly show the obligation of the Indians to carry their tributes to the said capitals--differently from the tributes of encomiendas and from general appraisements, which are mentioned in ley 44, titulo 5, libro 6, in which it is commanded that the tributes be paid in the villages. Consequently, if the aforesaid conveyance is at the cost of the Indians, as seems just, and not at that of the royal exchequer, not only will the frauds arising from such entries in the accounts of the alcaldes be avoided, but his Majesty will save the expense which is mentioned in the third item of statement iv, which amounts to the sum of six thousand pesos.

(In case the method which is suggested in the sixth item preceding this be established, the said sum will inure to the benefit of the alcaldes-mayor, who should at their own account and risk render a statement, with payment, of the entire proceeds of the tributes; and in the obligation or contract with each one the said benefit should be kept in view, in order that it may inure to the benefit of the royal exchequer.)

8. There has always been an outcry in España against the purchase of public offices in the Yndias, notwithstanding that these have been placed on sale only in the exigencies of the crown. If the sale of these offices on the royal account is a question involving much scruple, it necessarily follows that it would be an injustice to sell them on the account of those who have authority to make appointments to those offices ad interim. Consequently, by reëstablishing the oldtime method--by which the candidates for the posts of alcalde must present themselves before the royal Audiencia with documentary evidence of their merits, in order that three qualified persons might be presented to the superior government, in the first, second, and third places respectively, for each post of alcalde--the dangers arising from the sale of offices which has been practiced in some governments would be avoided; and the selection [of officials] would be more conformable to justice and less mercenary (as I represented to his Majesty in the year 760). The royal exchequer could thus save the salaries of the alcaldes and magistrates (as is done in Nueva España), which saving would amount, as in the second item of statement iii, to the sum of seven thousand, five hundred pesos.

(If the alcaldeships were knocked down to the highest bidder in the auction-hall, together with the farming of the tributes, it would result in even greater profit to the royal exchequer.)

9. The offices of commander and military officers of the ship which goes annually to Acapulco are bestowed on citizens of this city; and the appointments to these offices can be made without giving them the salaries which hitherto they have enjoyed; for they are sought not so much for the salaries as for the honor, and for the free passage, with comfortable berths and conveniences, [which is furnished to officers]. Consequently the royal exchequer could save the amount of the said salaries, which exceeds ten thousand pesos.

10. In the paper of suggestions and the report which I cited in the first item of statement v, are mentioned the many advantages which would result from the establishment of guilds [gremios] which I propose; and from the increase of the royal revenues by the half-annats from the officials [of the crown]; and by the duties of one-fifth on silver and gold. These metals are wrought, at the will of the silver-smiths, of various standards and degrees of purity, contrary to the provisions of the royal decree of March 17, 1735; and as I cannot fix the exact amount for the aforesaid duties, a moderate estimate is made, at the lowest [standard], that the increase of the royal revenue would amount to some seven thousand pesos.

11. In each village there is a governadorcillo or headman, a deputy (and, if the village is a large one, two or three), a constable (and likewise two others, in large villages), an inspector of grain-fields [juez de sementeras], another of palm-trees, and a notary. In the visitas of the villages there are likewise deputies, constables, and inspectors of grain-fields. The large villages are more numerous than the small ones. If we allow for each one of the three hundred and sixty villages one headman or governadorcillo, only one deputy and one constable, one inspector of palm-trees and another of grain-fields, these make in each village, on the average, six offices which annually pay the half-annat, by a custom which was introduced into these islands in violation of the law of the Indias, which exempts the Indians from this royal impost. But in the settlement of its amount there is an unusual variation and difference, by which in the provinces of Tondo, Bulacan, Balayan, and Laguna de Bay (which are close to Manila) a governadorcillo pays twelve pesos, a deputy six pesos, and the constables, inspectors, and notaries four pesos [each]; while in the other provinces which likewise are close to this capital--Pampanga, Batahàn, and Cavite--a governadorcillo pays six pesos, a deputy four pesos, and the constables, inspectors, and notaries three pesos [each]. In all the other and remote provinces, a governadorcillo pays only one peso, six granos; a deputy, six and one-half reals; and the constables, inspectors, and notaries, three and one-half reals. From this it results that each village in the four first-named provinces pays thirty-four pesos, and each village in the three other provinces close by pays only twenty-two pesos; and in the thirty-seven villages of these three provinces the difference which there is between paying twenty-two pesos each and (as in the former) thirty-four, is four hundred and forty-four pesos--which is the increase for the said royal impost, if the payment is fixed at thirty-four pesos.

12. The seven provinces above mentioned have one hundred and eleven villages, and to fill up the complement of three hundred and sixty there remain in the remote provinces two hundred and forty-nine villages. Each one of these pays only five pesos, one tomin; and by ruling that they shall pay twenty-two pesos this impost will be increased by sixteen pesos, seven reals in each village. Multiplying this by two hundred and forty-seven, the number of villages, the said increase will amount to the sum of four thousand, two hundred and one pesos, seven tomins; and by equalizing [the payments of] all the provinces, at the rate of thirty-four pesos for each village, the aforesaid increase will rise to seven thousand, one hundred and eighty-nine pesos, seven tomins.

13. In my report of May 10, 760, in which I demonstrated the defective foundation of the commerce here, I proposed the increase of sixty thousand pesos every year, [in the amount of the permission?] his Majesty to permit the return of the silver from Acapulco with the impost of eight to ten per cent; and it is certain that the ten per cent will produce to the royal exchequer annually, on the average, one hundred thousand pesos, which is the amount in which the royal officials at Acapulco are interested.

14. In a report of June 25 in the same year, I proposed that the boletas should be applied to the benefit of the royal exchequer; [54] this increase would be at least fifty thousand pesos.

15. In a report of June 5 of the same year, I proposed to save the expense of one [university] chair of civil law [Instituta], which would yield an increase of four hundred pesos.

16. In a report of July 14 of the same year was mentioned the abandonment of the sale of [papal] bulls; and it was shown that this could produce at each publication at least one hundred pesos, which would be an annual increase of fifty thousand pesos

17. The contract for working the iron mine called Santa Ynes [55] was knocked down to the highest bidder at the royal auctions, before the late war, and afterward its operation ceased entirely. Consequently, by working the said mine on the royal account, on the terms which I proposed in the cited paper of suggestions, and in a written statement which I presented to the government (from which no action has yet resulted), the royal exchequer will gain the increase and profit of more than fifty thousand pesos.

18. By reëstablishing the farming or monopoly of playing-cards, either (preferably) by contract or by its administration or the royal account, as is commanded by the royal decrees of February 5, 730 and November 28, 1734, it could produce in all the provinces more than twenty thousand pesos, at the lowest estimate, in increase of the royal revenue.

19. By establishing the monopoly of cock-fighting [56] in these islands (as in Mexico), with the charge of one grano for each Indian who resorts to the said sport, and reckoning forty-eight granos (which make four reals) for forty-eight times [57] when each, at the least, would bet each year, four hundred thousand persons would share [in contributing to] the royal exchequer two hundred thousand pesos, at the least reckoning. For it is certain that there are more than eight hundred thousand souls who are able to bet on the cocks, and that, on account of their vicious dispositions and extraordinary addiction to this sport, it might be reckoned that each one would gamble more than eighty times a year; in that proportion the proceeds of this income, which here is estimated at only two hundred thousand pesos, would exceed four hundred thousand pesos.

20. By establishing similarly the monopoly of tobacco, [58] there would be an enormous increase in the royal revenue, since in the form of snuff [polvos] it is used by nearly all the Spaniards (both ecclesiastical and secular) in the islands. By establishing monopoly shops in the villages of the provinces, the consumption [of snuff] would be great; but that of leaf tobacco and cigars would be incomparably greater yet, on account of being used by more than a million of souls; for it is certain (as is the case) that even the boys and girls use the said tobacco before they [are old enough to] exercise their reason [antes de tener vso de razon]. It can be asserted without exaggeration that this traffic would produce more than four hundred thousand pesos.

21. In a report of June 5 of the aforesaid year 760, I explained the increase which the royal revenues might obtain, and in the cited paper of suggestions I proposed the means, by which the monopolies of buyo and wine [59] could be augmented by more than a hundred and thirty thousand pesos; for it is certain that if these were extended to all the provinces (they now have no wider limit than five leguas from this capital) they would produce for the royal treasury enormous sums.

22. The casting of plows is permitted to one person only, who is appointed by the government; if this were sold at auction it certainly would produce, at the lowest estimate, the sum of seven hundred pesos.

Thus the savings and increases of revenue contained in this sixth statement would produce to the royal treasury the aforesaid sum of one million, one hundred and fifty-seven thousand, one hundred and thirty-nine pesos, five tomins every year.

Summary

Pesos tomins

The savings and increases of revenue contained in this statement amount to the sum of 1,157,139 5 Those contained in statement v amount to 155,693 6 --------- - Total 1,312,833 3

Accordingly, the savings and the increases mentioned in the two foregoing statements are worth to the royal exchequer the sum of one million, three hundred and twelve thousand, eight hundred and thirty-three pesos, three reals; and even if it be reckoned at no more than a million, this annual product will be more than enough to maintain the islands with respectable forces, and to make good the expenses hitherto caused to the royal revenue, without the necessity of increasing the royal tribute from the Indians. And, in case it be thus increased, in the following statement will be set forth the value of the said increase.

Note

1. In the said savings and expenses have not been included the royal customs duties--on which I made a report to his Majesty under date of March 4, 760--because they are at the present time levied and collected with great increase of the royal revenue, time having confirmed what was contained in the report here cited. For, notwithstanding that the collections are now made on the Spanish ships only at the rate of three per cent, the royal exchequer has an increase of two hundred per cent, more than in past times when these duties were levied, either really or nominally [se exigia, ô se aparentava la exaccion], at eight per cent.

2. Reference can be made to the information which I furnished to his Majesty under date of June 5 in the aforesaid year of 1760, in which were discussed the savings which the royal exchequer could make in various directions, especially in the timber-cutting and in the royal storehouses, for the damage that the royal interests suffer [therein] is very evident; but no definite amount is set down for the value of the said savings, nor are they included in this account, since it is difficult to compute them.

3. For the same reason, the large retrenchments have not been included herein which can be made in the ribera of Cavite, and in the stricter examination of the accounts pertaining to military supplies, provisions, implements, and reserve supplies for the Acapulco ships and other vessels belonging to his Majesty; for there is great waste, and little care is exercised in what is furnished for consumption. [60]

These and many other economies can be facilitated only by disinterestedness, zeal, and application to the affairs of the royal service.

STATEMENT VII

What can be produced for the royal exchequer by an increase in the tributes

In statement i is reckoned the number of two hundred [thousand] whole tributes, at the rate of ten reals each, which is the amount that they actually pay. This computation was made by reducing the tributes of mestizos to tributes of Indians, and in the same sense ought the increase which is discussed in this statement to be understood; for, although the mestizos pay twice as much tribute as the Indians, and consequently the increase ought to be double, the number also is duplicated, in order to avoid discrepancies and to facilitate the greater perspicuity and clearness of these statements by the definite number of two hundred thousand tributes, at the rate of ten reals each. As this is a very moderate rate, it can be increased in such ratio as shall be considered necessary; for this reason, I have set down separately in the following columns the amounts by which the royal treasury will benefit from an increase in the tributes--from ten reals to sixteen, which are two pesos; to twenty-four reals, which are three pesos; and to thirty-two reals, which are four pesos.

Thus the increases and savings which the royal exchequer can practice in these islands, without increasing the royal tributes from the Indians, will be worth each year the sum of one million, three hundred and twelve thousand, eight hundred and thirty-three pesos, three tomins, as is shown in the items of statements v and vi.

If the tribute is increased from ten to sixteen reals (which are two pesos), the savings and increases will bring into the royal treasury the sum of one million, five hundred and seventeen thousand, and sixty-nine pesos, five tomins.

If the tribute is increased from ten to twenty-four reals, the said savings and expenses amount to the sum of one million, seven hundred and eighty-nine thousand, three hundred and eighty-four pesos, five tomins.

And if the tribute be increased to thirty-two pesos, the said savings and expenses amount to two millions, sixty-one thousand, six hundred and ninety-nine pesos, five tomins.

Note

All these computations of the savings and increases which this royal treasury can gain each year have been made without including in the totals the actual product of the tributes and other branches of the royal revenue in these islands; therefore, adding the said product to the total of the savings and increases which are here mentioned, there will result a greater amount than that which has been estimated. No matter how gloomily people may talk, the aforesaid statements are convincing that, even if these estimates are made lower, these islands can, notwithstanding these reductions, be maintained by their own resources alone; and in the future the royal exchequer can make good the great sums which the islands have hitherto cost, with the special advantage that the fortified towns and military posts can be put into very respectable condition, and be made superior to the forts of any hostile nation whatever.

I protest and swear that I have understood the matter thus, and that, because I consider it feasible, judging from the experience of my office, I have [here] devoted myself to demonstrating more specifically that which in general is contained in the work entitled "Demonstration of the wretched and deplorable condition of the Philipinas Islands," etc., which last year I presented before this superior government, and of which I rendered account to his Majesty, whose royal mind will consider what is most expedient for the glory of his monarchy, the conservation of these islands, and the advantage of the royal exchequer. It is to those ends that the savings and increases of revenue are directed that are found in these statements--which are the children of the zeal, affection, fidelity, disinterestedness, and assiduity with which I have devoted myself to the affairs of the royal service. Manila, July 10, 1766.

Don Francisco Leandro de Viana

LETTER FROM VIANA TO CARLOS III

Sire: By a royal decree dated at Madrid on August 4, 1765, your Majesty ordered that this royal Audiencia should take pains to secure the observance of the laws (24 and 25, título i, book vi) in the Recopilación de Indias with regard to the trade and intercourse of the Spaniards with the Indians; and that it should report to your Majesty upon the other things contained in the copy of a letter from the venerable dean and cabildo of this holy church, [61] in which they chiefly set forth the request that your Majesty will deign to issue stricter orders so that the Indians may learn the Castilian language.

As the aforesaid report has not been despatched by this Audiencia--which is composed of two auditors, and there is only one of integrity, and zeal for the royal service--I have deemed it inseparable from my obligation to inform your Majesty [62] of what the experience of about nine years as fiscal has taught me regarding the aforesaid points, and to make known the zeal with which I have labored, to the end that in this particular the laws and your Majesty's royal decrees might be carried out. For this it is necessary to assume (in confirmation of the statements in the above-mentioned letter) that the despotism of the ministers of the doctrinas is absolute, so that they are almost the only ones who command in these islands; and that they govern at their own will the villages and provinces, without recognizing your Majesty or obeying any laws or royal decrees save those which suit their own interests and opinions. It is evident and notorious that they do not obey any of the rest, except as they please. This is proved by the fact that there is no law or decree or ordinance which is observed by the said ministers of doctrinas in questions of the royal patronage, in the administration of the sacraments to the sick, in the tanorías and other matters in which their comfort is concerned, and, above all, in the schools, for instruction in the Spanish language.

All this lawless conduct (which results from the absolute sway of the ministers of doctrinas) will be evident to your Majesty from the copy which I enclose of two fiscal opinions, which are literally transcribed from the official records belonging to the year 765; the originals are found in the respective expedientes preserved in the office of the court secretary of this Audiencia. In these is told sufficient to give some idea of the despotism of the said religious, on whom nearly all the people of these islands are dependent--some through fear, and others through unjust acts of compliance and tolerance which at the present time make it exceedingly difficult to check that despotism. This will never be accomplished unless the governor and the ministers of the Audiencia proceed unitedly and with equal firmness, without yielding to the religious, and with inflexible zeal for the fulfilment of the laws and the municipal ordinances of these islands. But for this end it would be indispensable to confer the public offices of the provinces on men tried and true, who would fulfil their obligations; and not on persons who, buying the said offices in Manila, undertake to fill them by inflicting so many injuries [on the natives] that their very infractions of law oblige them to depend absolutely on the religious, and to maintain the latter in their possession of authority over the Indians and over the alcaldes. From this beginning it results that neither the orders of the governor nor of the Audiencia take effect, and that all the measures which are conformable to the laws and to your Majesty's royal decrees prove futile; for there is a false show of fulfilling them, which leaves these matters in the same confusion which attempt was made to remedy.

In the laws of the Indias, in the former "Ordinances" of these islands, in those which were drawn up by Governor Don Pedro Manuel de Arandía [63] and in repeated royal decrees, this matter of the instruction of the Indians in the Spanish language is especially enjoined; but, notwithstanding this, the notion of the said religious has prevailed that the Indians shall remain ignorant of the said language, in order to keep them more dependent [on the fathers], and in order that no Spaniard may obtain information of what is going on in the villages. There are innumerable instances which have occurred, of the curas of doctrinas punishing the Indians who talked with the Spaniards in our language. In the villages close to this capital there are many Indians who understand the said language very well, but when they are in the presence of any religious they reply in their own Tagal language to the Spaniards who ask them questions in Castilian, through their fear of the father; and the latter never speaks to the Indians in Spanish, even though they may be proficient in it. This is convincing that the intention of the religious orders is certain and evident, that the Indians shall not know our language, so that they may be more secure of the doctrinas not being taken away from them, of the bishops not attempting to visit them, of the non-enforcement of the laws (none of which are enforced) of the royal patronage, and of the continuance of the despotism with which they govern the Indians in both spiritual and temporal matters, without fear of any noticeable result. For thus they find themselves necessary, and they mock at the zeal of a governor, of an archbishop, of a fiscal, and of all those who mourn the entire non-observance of the laws; and as these officials and the ministers of the Audiencia are seldom united to procure the enforcement of the laws, because the religious orders do not neglect to mislead some of them, the latter are always sure of a victory through this disunion (which is very frequent), when the same spirit of courage and firmness does not animate the minds of all [the officials] for the fulfilment of the laws and of your Majesty's royal ordinances. Through your royal complaisance, I have continually inveighed against the main points in the opinions of the curas of doctrinas, which are opposed to the laws and ordinances; and especially against their persistent endeavor that the Indians shall not know our Spanish language--as your Majesty's royal mind will be informed by the copy which I enclose. As contributing to fuller information on this point, and confirming it, I will state that in the year 762 I, as fiscal, made the same claims in this royal Audiencia which the venerable dean and cabildo set forth to your Majesty in the year 764.

There is equal proof for what I demanded regarding the trade of the Spaniards with the Indians. It is grievous to see that no one dares to carry on this trade; for, however strict may be the orders which have been issued, not only by your governors but by this Audiencia, the curas of doctrinas have many means for rendering them ineffective. They dissuade the Spaniards from going to the Indian villages, where, as a rule, they are treated with incredible contempt, and are denied even the food which they need (and for which they offer money), because neither the governadorcillo nor any other Indian dares to sell it without permission from the father minister. Not only does the father usually deny this, but he stirs up the anger of the Indians against the Spaniard--whom they call Castila; the name of Castilian has thus become exceedingly odious among the natives, and they regard every Spaniard with dislike, if indeed not with hatred. To see a Spaniard in their villages appears to them such a novelty that all the inhabitants--old persons, the youths, and the children--sally out to look at him, with loud yells and uproar, in which one can only hear, "Castila! Castila!" and amid the annoyance of being surrounded by Indians, without being able to understand them, the Spaniard has no other resource than to go in search of the father of the doctrina, and humiliate himself before him with the same abjectness as the said Indians show, in order that the reverence shown to this despot may furnish him with lodging and food, and render his life safe. This would not happen if the Castilian language had been extended into the provinces, for experience shows that every Indian who understands it feels much affection for the Spaniards; and the natives aid them wherever they meet them, if they are not in the presence of the fathers of doctrinas.

It is no less certain that many of the fathers trade in the villages which they administer, and that for this reason also they are undertaking to hinder, by the aforesaid means, the trade of the Spaniards. All this will seem as incredible to your Majesty as it seemed to me until my official duties, and the things that I myself have seen in the provinces through which I have traveled, proved its truth to me; and even more than what is notorious and public to all who have lived in these islands for some time can be told to your Majesty by Doctor Don Simon Anda y Salazar, who certainly was often undeceived, by experience, in regard to the aforesaid intentions of the religious.

I, Sire, would not dare to write on subjects so delicate, and so difficult to explain, if I were not fully convinced of what I have stated above, and of the fact that this abuse has not been nor will it be remedied, while a governor little acquainted [with his duties] in the early years of his term casts into oblivion the measures taken by his predecessor, or revokes them, through the persuasions of the religious; and when he reaches the point of being undeceived he comes to the last years of his government, and the measures that he takes then have the same fate as those already mentioned, on the arrival of his successor. The same thing occurs with the ministers [of the Audiencia] who have recently arrived at this city; for, under the influence of the said religious, they regard as recklessness and impiety that which afterward, with some experience, they recognize as zeal for the royal service. This disunion and lack of agreement in their opinions would not be experienced if the laws were punctually observed, and if the "Ordinances for the provinces" were established as law--which would regulate all these matters, and not allow freedom for failure in supporting them, as they ought to be supported, by an opinion that is equally firm in all the governors and ministers. For nothing so injures good government as the attempt of those high officials to temporize with every one, and not incur any one's ill-will; and to look out for their own profit, to the detriment of the general good. It is notorious, at the same time, that for the said reasons whatever concerns his Majesty and the public is in almost utterly desperate condition; that the laws and royal decrees are not held in due reverence and respect; that they are transgressed with reckless readiness; that seldom is justice administered, on account of the intervention of influential persons; and that only where there is no advantage for self--as is the case in the affairs of poor people--are the laws observed. From this abuse--offensive to the supreme power of his Majesty, which usually is not obeyed in these islands, where a spirit of greed is the sole ruler with absolute dominion--it results that zealous and upright ministers are the only ones who are persecuted; and that those who remain inactive, and are susceptible to presents, and can be led into unlawful yielding and compliance, are popular with the citizens.

Another of the more important causes which occasion the said abuse is, that since the Audiencia has no cognizance of the affairs of the provinces in regard to their government, and as the governors on account of their military profession (in which alone they have been trained) have not the necessary knowledge of the laws and of the "Ordinances of good government," or of municipal regulations, it results that an upright governor does not come to a resolve about anything, for fear of making some mistake; another, more resolute, goes headlong into measures to which his associates persuade him; and another governor, with interested motives, works for his own advantage. As a general rule, all or most of the governors are bewildered with the multitude of affairs which present themselves; they do very little work, and in nothing do they act with less vigor than in the government of the provinces; and enactments are made at the pleasure of the governor's secretary, and occasionally of the assistant judge [asesor]. Here these usually are venal and have little sense of honor; and they attend only to such business as brings them gain, and not that of their office, which yields them nothing. These serious and notorious difficulties can be avoided only by separating from the government the superintendency of the exchequer [64] which is the department of business that is most neglected, and is most worthy of attention--and establishing ordinances, which shall be enforced without deviation, for the secure furtherance of the royal interests, and of the administration of justice in the provinces, leaving the absolute cognizance of the latter to the royal Audiencia, and of the former to an intendant, and forbidding them to the governors, who have more than enough field for action in military and purely political affairs in which to display their zeal. Then they would devote themselves to these important matters belonging to their profession, which are those which have seemed to them to merit least attention and care, because their application to other business produces them more gain.

If these departments of the government were separated in the above manner, there would be an invariable method of procedure in the two tribunals of the Audiencia and the intendancy. For in the former, even if one or another minister should pass away, there would remain others, who could instruct the new officials, so that the said method should never be changed without evident necessity, justified by documents and by unanimous opinions; and in the intendancy the same thing would occur, by means of the practical knowledge which would pass from some royal officials to others, and from some subordinates to others. Especially should be left to parties [in controversies] free recourse by appeal to the royal Audiencia from all the acts and measures of the intendant; and he, with the ministers [of that court], should proceed to the choice (by a majority of votes) of the [provincial] governors, corregidors, and alcaldes-mayor. Thus, likewise, would be avoided the sale of those offices, which is frequent; and the merit and services of the citizens would be rewarded, so that they might have some stimulus in regard to their conduct and valor, and be encouraged to serve your Majesty by these hopes--which are entirely lacking to them at the present time, in which he alone is preferred who gives most for the offices.

In regard to the "Ordinances for the provinces," I have systematized those which Doctor Don Simon de Anda y Salazar can show you; he carried with him a copy of them, which I drew up with the knowledge and experience which I have acquired by dint of constant application. Thus far they have been neither approved nor censured by the royal Audiencia, in virtue of the royal decree which your Majesty addressed to that body, that they should frame and arrange some ordinances, keeping in mind the articles of the late governor Don Pedro Manuel Arandía, and those of the reverend father in Christ the bishop of Nueva Caseres; [65] but as the said ordinances cannot be framed without [incurring] the resentment of the ministers of doctrinas, and opposing their despotism and their designs (which aim at the overthrow of the ordinances which I composed), that court has left the matter in suspense for more than three years. And it will remain in this condition, at the pleasure of the senior auditor in the said Audiencia, on whom alone it depends, unless the efforts of those zealous ministers Don Manuel Galvan and the above-mentioned Don Simon de Anda, and those which I have exerted in the duties of my office, can secure the settlement of a business of so great importance--in which are included the two points which I have already mentioned, the trade with the Indians, and their instruction in the Castilian language.

There is another matter not less important, the reduction of the villages and houses of Indians into parishes [debajo de Campana], which I have continually recommended, and still urge; for I am of opinion that without such reduction we shall have neither Christians nor good vassals, as it is impossible for the Indians, while dispersed, to be instructed in the mysteries of the Catholic religion. Living, as most of them do, without government either spiritual or temporal, they readily abandon both their religion and their vassalage, as experience has proved. This would be corrected by the said reduction, and, as a result, the Indians would become more civilized; they would go to church frequently, the children would attend the schools, and their instruction in the Castilian language would be facilitated, and with it our trade. If schools for the instruction of boys and girls were established in the chief towns of the provinces, as I recommended to the superior government, religion and the Christian church would flourish in these valuable dominions--whose natives are susceptible of great religious and social progress, if zeal and care be displayed for that which has hitherto been neglected.

As for the royal interests in these islands, I have the satisfaction of having sent to your Majesty a work entitled, "Demonstration of the deplorable and wretched condition of these Philipinas islands," etc.; and another containing seven demonstrations [66] showing the products yielded by these dominions and the expenditures of your Majesty therein; and the great retrenchments of these, and the increase [of revenues], which might be established--which would reach every year the amount of more than one million, three hundred thousand pesos, without including the increase of the tributes or counting the present receipts of this royal treasury. In regard to these two works, however great an outcry may be made by the indignation which the religious have conceived against me on account of the advantages of which they would be deprived by the [royal] approbation of the second work, I trust that the royal and just mind of your Majesty will be gratified by the zeal with which I have discovered the "philosopher's stone" with which these islands can yield to your Majesty more than what their maintenance has cost for two hundred and three years.

In the present report I have expressed myself at some length, bringing in the points just mentioned because I think that they help to a more intelligent understanding of the two most important matters, the trade of the Spaniards with the Indians, and the knowledge by the latter of the Spanish language. To understand better the ideas of the ministers of doctrinas, it only remains for me to say, through love for the truth, that among them there are some religious of exemplary virtue, who are included [in my censure only] in what concerns their spiritual administration, in other matters fulfilling [their obligation of] obedience to their superiors, and not meddling with worldly affairs; but I cannot avoid giving, in conclusion, a brief account of the manner in which the ministries are filled in their chapter-sessions.

The factions among the religious are notorious, and sometimes scandalous; and they are engaged during the entire year in activities for the chapter-session. The faction which gains the upper hand shares among its adherents all the ministries which have the right to vote, and those of the greatest profit and ease; and the rest are distributed among those of the opposite faction, who go as exiles to the mountains, and especially to the missions. This is the reason why so few souls are converted among the pagans; because no longer are selected for missionaries the religious who have a vocation [for that work], and zeal, but those who have no influential friends and those who are unable to attend the chapter-sessions.

The provincial-elect supports those of his faction, on account of the importance to him of their votes for the next chapter; and he overlooks or permits more than what is right. He makes--with ostentation, and with greater authority than that of a bishop--the visitation of the ministries under him; and even if the Indians complain of any extortion, it is not corrected except when the religious [in that village] belongs to the opposite faction. Some complaints reach the tribunals of this city, and, however justified they may be, the provincial does not punish them, except when that suits the interests of his faction; but there are very few who complain, because it is an article of faith, so to speak, among the Indians that the father ministers possess an absolute power and dominion, which compels them to endure or perform whatever the fathers command them. [67] And since in each province, even though it may be of wide extent and contain many villages, there is no Spaniard save the alcalde, and he also fears the said fathers, they are despots; and the Indians are unable to do anything save what their father minister tells them to do. For these reasons, the entire secular government of these provinces remains at the disposal and pleasure of the curas of doctrinas, whose maxim is that which the religious orders most observe, as well as their provincial superiors. In order to fill that office, they give up administering the Indians, but at the end of the provincialate they return to the said administration, in which the same despotism belongs to them. This is absolutely without remedy, and will be so while the curas of doctrinas, besides what I have already said, cannot be subjected to the visitation of the ordinaries. If that were the case, they would prevent any ecclesiastic from taking part in secular affairs, and from oppressing the Indians--not allowing them to compel the natives, contrary to the ordinances of the provinces, to supply fish for the support of the cura; or to pound the rice (in which they employ the young Indian women); or to furnish the other polos or tanorías which they have established, contrary to the laws and the said Ordinances. The ordinaries would also prevent the frequent abuse of their causing the sick to be carried to the church in order to give them the viaticum--as is done notwithstanding the Ordinances and many royal decrees which prohibit this; they would take pains to see that the indulgences of the bull [of the Crusade] were preached; they would visit the brotherhoods and the confraternities. They would take inventory of the incomes of the respective churches, according to the laws of the royal patronage, in order to know how they are spent, in regard to which also I have advanced what your Majesty will find in the expediente for the wine monopoly. They would keep close watch over the schools, to see that instruction be given in the Spanish language. They would restrain the occupation of some religious in the business of trading; and trade would become free to the Spaniards, who thus would have the opportunity which hitherto they have lacked for trafficking in the provinces. With this traffic the Indians would become accustomed to dealings and intercourse with the Spaniards, whose name is now most odious to them; for by this means their curas keep them in greater subjection--if it is not, indeed, a sort of vassalage; it goes so far as to dominate the wills of the Indians, and to make them as hostile to the Spaniards as, in general, the religious are. Finally, with the said visitation of the ordinaries, and the subjection to it of the curas of doctrinas, a remedy would be provided for almost all the abuses and the usages that are practiced in the ministries--which are today the same that were related to your Majesty by the venerable Bishop Palafox, which appear in his arguments in favor of the secular clergy--the reverend bishops proceeding with the pastoral zeal which without doubt would actuate them if they were not members of the orders, and with harmony and agreement with the government as vice-patron. For, with the two branches [of the government] united, having the same object, and punctually observing not only the visitation but the law of the royal patronage in the presentation or removal of curas, it is very certain that the Indians would be relieved of heavy burdens; the religious would not be so despotic; and they would devote themselves to the care of their parishioners in spiritual affairs, without meddling in secular matters. The good government of the provinces would be established; trade with the Indians would be introduced and promoted; and by means of this trade, and of instruction in the Spanish language, mutual kind feeling would be engendered between the two peoples, and there would be an end to the detestation with which one regards the other. Above all, Sire, it would be known that your Majesty is the sovereign of these islands, in which, it can be asserted, the religious do not recognize your Majesty; for they observe or heed hardly any of the laws, the royal decrees, and the Ordinances which regulate, the above-mentioned matters. At the same time, they are exceedingly jealous and exacting that all the laws which treat of advantages, stipends, and contributions to them shall be executed.

But even all that is here mentioned will not be enough for the amendment of the many evils which demand it, unless all [the officials] are encouraged and animated by the [right] spirit in the governor of these islands, on whose good or evil conduct depends the good or the bad behavior of almost all the people who compose this colony. This government has in its charge a multitude of affairs, which on account of their extent overtax the ability of one person alone, and on this account they are entrusted to many--but with this distinction, that when the governor is able, assiduous in his duties, vigorous, and just in his dealings (traits which unfortunately have been seldom seen in these islands for many years past), such also are those who assist him; and they take pains to secure his approval as much as they fear to displease him. But when the governor is a man of limited ability, indolent, or dominated by avarice (which is most frequently the case), all his associates have these same failings and vices. Moreover, all business then depends on the governor's secretary; nothing is attended to, save what yields [him] some profit, and everything is neglected which concerns your Majesty, the government of the provinces, the proper management of the royal exchequer, and the public welfare. In these matters, the earnest zeal of neither the fiscal nor of some other upright ministers is sufficient, for since they are such they oppose what is unjust, and obtain no other result than many vexations, and the grief of seeing that these islands are going headlong to their final ruin. Hence it may be concluded that only a governor who is able, industrious, and very disinterested, in conjunction with reverend bishops of like zeal, assiduity, and disinterestedness, can constitute the effectual check by which the curas of doctrinas may be kept within bounds, by subjecting them to the [episcopal] visitation, and to the enforcement of the laws of the royal patronage; and by stationing in the provinces alcaldes who are men of honor and who fear God, who will be vigilant for the laws and ordinances--as they will be if, free from uncertainty as to their authority, they have no cause to fear the religious. But, on the other hand, if they have cause for such fear they will neglect everything, and only busy themselves in what encourages their covetousness, with acts of extortion and violence which seldom are punished, because they are hidden in the residencias; and because the governor, who regularly sells these offices to the persons who give most for them, permits their acts of injustice, which he would punish if the appointment were a disinterested one and in accordance with the royal intention of your Majesty. By these facts it seems to be demonstrated that the main root of all these evils is in the inefficiency, indolence, and, most of all, the covetousness of the governors; and that the remedy for them lies alone in the division of the [governmental] business, as I have already stated, or else, if this division be not made, that the governors be men who are able, assiduous, and disinterested. For such will cause all the members [of the government] to follow the example of their head; and the laws, the royal decrees, and the ordinances will be obeyed, so that your Majesty may be recognized as sovereign lord of these dominions, and a thoroughly good government will be established which can preserve these Christian lands, with benefit to the royal treasury, as I have had the honor to represent to your Majesty. For otherwise it does not seem probable that the royal orders of your Majesty will be productive of results, for experience shows that such has not been the case hitherto with the many pious and excellent provisions contained in the wise laws of the Indias, and with the repeated royal decrees by which, at various times, those laws have been confirmed. These have not yet been fulfilled, nor will they be, unless disinterestedness rules, and unless there is punishment for covetousness--for this is what ruins and upsets everything, and, by force of defying and insulting upright ministers, causes the latter to live without freedom to execute justice, and to render the worthy tribunal of the Audiencia useless and inactive; for the iniquitous proceedings of some governors, and especially of the present one, have reduced this court to the utmost humiliation, as the numerous transactions of which I have given account to your Majesty prove. May God preserve the Catholic royal person of your Majesty for many years, as is needful for the monarchy. Manila, May 1, 1767.

[Francisco Leandro de Viana, fiscal of the royal Audiencia.]

ANDA'S MEMORIAL, 1768

Abuses or disorders which have been fostered in the Filipinas Islands under the shelter of religion, and at the cost of the royal treasury, which ought to be cut down at the root, so that the governors who may be sent to those parts, if they are good may be better, and if bad may not be worse--and, at least, so that they may not have any excuse; so that religion may be established on its sure principles of purity, in order that the king may be owner of those domains (until now he has been owner in the matter of expense); and finally, so that his Majesty's vassals, both Spaniards and Indians, may be vassals of their king alone, and may be relieved from the abominable slavery which they have borne for about two hundred years. [68]

FIRST ABUSE

It is an abuse, and a very great one, for a city so reduced as Manila to have two universities for the small student body [estudiante y medio: literally, "student and a half"] therein, without other object or idea than the rivalry of the Thomist and Jesuit schools, to the so great harm of the state, and of religion, as has been seen in all parts, in so many clamorings and scandals. [69]

It has been said that there is a student and a half, not because there is no more, but because I mean by that that there are eighty or ninety (and there are no more) for the two universities.

In the beginning there was a secular university as in España, but the two orders did not rest until they destroyed it; [70] and they, having remained alone, scarcely furnish subjects for the eight canonries, two raciones, and two medias-raciones, of the cathedral.

It is to the interest of all the orders that a secular ecclesiastical estate shall not be fostered, or [even] exist; for in this manner, since there is no one [else] to be obtained, they continue in the possession of the curacies, and the king continues his former and most detrimental burden of sending missionaries at his own cost, who become there so many other enemies.

On account of the abovesaid, the two universities in great harmony and accord have introduced the settled plan of furnishing an instruction of mere ceremony, in order thus to disappoint even the small number of students.

In the university of Santo Tomás there is one professorship of institute law, and another in the university of the Society. Who will believe that when I was in Manila there were not more than three advocates who had graduated from those universities? namely, Don Santiago de Orendain, Don Domingo de Aranas, and Don Luis de Luna--the first two professors, but with scarcely any pupils.

It is a fact that the bar in Manila is superabundantly supplied. Notwithstanding that, if advocates did not go from Mexico to gain their livelihood the business [of the courts] would cease for lack of defenders, notwithstanding the two universities--who through their shrewdness and influence prevent the students from pursuing that career, as very few are inclined to that of theology. [71]

Remedy for this evil

The university of the Society having been extinguished by their expulsion, the same ought to be done with that of Santo Tomás; for, otherwise, the same difficulty remains. Suitable professors ought to be sent from here, [72] who will maintain themselves with the same incomes, [73] and suitable seculars, in order that they may be given the curacies near Manila. In view of this reward there will be no lack of students to attend it; and in a few years, the hard yoke of all the regular estate, hitherto possessing almost all the curacies and maintained by the king, notwithstanding the rich fees or dues [therein], will be shaken off. [74]

SECOND ABUSE

It is an abuse that, although the spiritual administration belongs by right to the secular clergy, and the regulars possess it precariously ad nutum [misprinted mitum] regis propter inopiam clericorum in principio, [75] the greatest promotion which an unemployed secular obtains in Filipinas is to be the servant or deputy of the fathers. [76] Thence it results that the latter abound in so great wealth, collectively and singly, and the former suffer from necessity; and all of them are the sons of Spaniards and Indian women, and all vassals of the king. In view of this disclosure, what father will spend and what son will work without even a remote hope of reward?

Remedy for this evil

Since the reign of Don Fernando VI (in the years 53 and 57), all the curacies in both Americas have been taken from the regulars as fast as the latter have died. Let the same be done in Filipinas, and that will be in accordance with all right. The true religious will surely give thanks, the curacies will return to their center, and the ecclesiastical estate will be aided by what is in justice due to it.

THIRD ABUSE

It is an abuse that since the regulars have possessed the curacies for so many years and with so many troubles [ensuing therefrom], they have not, although the country is so wealthy and their fees and parish dues are so heavy, thought of relieving the king of the hard and intolerable burden of paying them a stipend in money, with rice, wine for the mass, and oil; and, in those curacies which they call missions, even the escorts for the guard of the father--who runs no risk and for that reason is not accustomed to have any escort, although the king always pays for them. [77]

What vassal who has even the most lukewarm regard and respect for his king could keep still when the curacies of Binondo, Santa Cruz, and the Parian (which are under the cannon of Manila), and that of Tondo, which are, with but little difference, worth to the regulars, the first, six or seven thousand pesos in obventions, and the others but little less, nevertheless draw from the king the stipend in the things mentioned above?

Remedy for this evil

To create a university, as has been said, to send clergy for its beginning, and to make current the tithes--of which hitherto in Manila it is only known that they are inserted in corpore juris, [78] nothing more. By this just provision the king will save three hundred thousand pesos; the army will find that they can be supported with that amount; and the difference between these two investments will be evident, since the soldiers defend the king, and the regulars are his enemies, of which the past war was a good example.

FOURTH ABUSE

It is an abuse that amid the many and heavy fees which the regulars charge the Indians they exact fees for confession, and, in the [very] act of making the confession, one and one-half reals in order to comply with the precept, under the pretext of the three feasts, namely, Corpus Christi, the titular saint, and Holy Thursday; for even if that is not simony, at least est res pesimi exempli. [79] It is certain that the Indian believes that he pays for confession, and it is also a fact that if he does not pay he is not confessed.

As soon as the English took possession of Manila, they learned of such a custom, and thereupon cast great contempt on our religion, and persuaded the Indians to follow them, for among them there was no such practice, nor could there be--which was an error and a manifest deceit. [80]

From this custom, abuse, or offering, two hundred pesos are obtained in some villages, and in others three hundred, four hundred, and even more, according to the population.

The abovesaid feasts result so cheaply to the father that with twenty pesos he pays the expenses of all three of them; for the adornment of the church and of the line of march is made by the Indians; wax is no expense to the father, or very cheap; he or his associate preaches the sermon; and, let him preach what he will, he never gets beyond a discourse spoken in a language which either the preacher does not understand, or, if he does understand it, he does so very poorly and with great errors. [81]

Remedy for this evil

To decree that this abuse cease entirely; for it is less inconvenient that there should not be such feasts than that, under the pretext of those feasts, occasion be given for so serious a scandal; a thousand expedients that are proper will be found without using this one, which touches a most sensitive point in religion.

FIFTH ABUSE

Since the discovery of the two Americas, the king has been seignior of them in temporal matters, and in spiritual, royal patron and pope, and as such has made appointments to all the secular and ecclesiastical employments of the cathedrals, with the advice of the auditors; and the curacies are filled by the vice-patrons, with preceding examination and proposal by the ordinary. In this matter there is seen the monstrosity in Filipinas that, excepting the prebends of the cathedral, all the curacies are given by the provincials to their subjects without examination, proposal by, or notice to, the ordinaries or the vice-patrons, with absolute despotism and independence, despoiling the king and ordinaries of the so well-known right that belongs to them.

Remedy for this evil

Until seculars are provided, the provincials must cause their subjects, by right and the councils, to subject themselves to examination and proposal by the ordinary to the vice-patrons; and it is an intolerable abuse that the provincials make those appointments without giving notice to the latter.

SIXTH ABUSE

It is an abuse, born of the preceding, that the archbishop of Manila and the three bishops of Nueva Cáceres, Nueva Segovia, and Cebú, residing in their dioceses, may be bishops in partibus, since, under pretext of the exemption of the regulars, they may not ask the latter how they administer their obventions or how they live, which in truth is the height of scandal.

Remedy for this evil

The venerable Palafox, in La Puebla, conquered the regulars by a formal judgment that as parish priests they must remain subject to the ordinary; but after his removal to Osma those who were expelled succeeded in nullifying this and other just decisions. The same thing was obtained in Manila by Archbishop Camacho; but after he was transferred to the bishopric of Guadalajara in Nueva España the same thing happened as in La Puebla, so that the regulars have continued and still remain in the same abuse--which will cease by ordering them to obey the judgment secured by Camacho (or by the council, which is the same thing). [82]

SEVENTH ABUSE

Just as the bishops who live within their dioceses are bishops in partibus, the king is that in the Filipinas Islands. His Majesty resides in them by the authority communicated to his president and Audiencia, and to the alcaldes, governors, and corregidors of the provinces, in which the president, Audiencia, and other ministers do not command, but only the religious father.

The king is named as such, and is called upon as king, only in order that he may pay the stipends; beyond that his royal name is abhorred and persecuted.

It causes horror to see a religious, paid and maintained by his Majesty, with the character of apostolic missionary, no sooner arrived at Manila from these kingdoms than he immediately publishes and defends the assertion that the king is not master of the islands, but only they who have conquered them; that the Indian ought not to pay tribute; and that no bull [i.e., of the Crusade] is needed. It is for this very reason that there are so many difficulties in collecting the tribute, and that the bull is not purchased excepting in Manila and its environs.

With these opinions, and their extolling, some the pontifical grants to their girdle, others those of the scapulary of Carmel, [83] and others their exercises, they obtain vast contributions which they call alms; and the king is left with the bulls, for the religious assert and proclaim that they are not necessary.

In regard to jurisdiction, it is a well-known fact that no gobernadorcillo of Indians carries out any mandate of the president, Audiencia, or alcalde without the permission of the religious father--under penalty of one hundred lashes, which are given to him instantly if he obeys the royal magistrates and justices.

With these and other pernicious ideas in which the fathers abound, they surprise the poor Indian, strike him with terror, and make him believe that they are all-powerful, can do everything, and that the authority of the king is worth nothing. Thus the king becomes, like the bishops, a monarch in partibus, in name alone, and only in order to maintain certain persons who style themselves apostolic missionaries.

A few days after I had arrived at Manila, the archbishop-governor [i.e., Rojo] despatched an order to the province of Pampanga; it fell into the hands of a father, and he tore it to bits with great calmness, the archbishop overlooking that act of disrespect. Hence, even in case that one obey any mandate of the royal jurisdiction, so many are the obstacles and difficulties that the fathers find for its execution, that they absolutely do not have any other endeavor or desire than to cause the Indian not to recognize any other sovereign than themselves. The worst is, that this idea has existed since the conquest of the two Americas, whence it passed to Filipinas, with the utter detriment and ruin of king, state, and religion. Hence the king is called king, and the president, Audiencia, and alcaldes by their own names; but, in reality, the fathers exercise these functions. [84]

Remedy for this evil

To order with the utmost strictness that the regulars restrain themselves within their limits as parish priests, under penalty of expulsion if they meddle with or embarrass the royal jurisdiction.

EIGHTH ABUSE

From these so pernicious ideas fixed in the minds of the Indians, is born the monstrous result that a baptism, burial, or marriage costs them twelve, twenty, or more pesos, if the father asks it--and this is with all caprice, and no resistance or appeal can be made. But when it comes to demanding the tribute, although it is not more than one peso and two reals a year for the whole tribute, and five reals for the half-tribute, there are a thousand difficulties, and various stratagems are used, such as going to the mountains to hide, or feigning that they cannot pay; and, in such a case, they always have the father on their side against the king and the alcalde, on this point.

Remedy for this evil

To order that the fathers shall not meddle in worldly affairs, especially in the royal jurisdiction; that they shall not engage in trade; [85] to establish collection of the tithes; and to compel them to observe very moderate tariffs [of parish fees]--under penalty of expulsion obliging them to undo the evil that they have wrought.

NINTH ABUSE

It is an abuse that the king pays the expenses of the voyage and support of the fathers in Filipinas, under title of apostolic missionaries, and they go there to become merchants and business men, to the harm of the poor Spaniards and of the Indian, besides their abandonment of the spiritual ministry which is in their charge.

In the environs of Manila--with the exception of the Franciscans, who have nothing, and of the Condesa de Lizárraga, who has a small estate--the religious orders possess the following estates: the Dominicans, Lolomboy, Panay, Navotas, Great Malabon, and Biñan; the calced Augustinians, Malinta and Pasay; the discalced Augustinians, San Pedro Tunasan, San Nicolás, Imus, and Tunasancillo; the Jesuits, Mayjaligue, Masilog, Nagtajan, Nagsubig, Mariquina, Indan, Silan, Marigondon, Payatas, and San Pedro Macati (where they have their earthenware factory, from which they make annually thirty thousand pesos fuertes net profit). These are the ones which I now have in mind, although they have other estates in the provinces, of which I can give no exact account. But indeed I know, because I have seen it, that the Indians who cultivate those lands come to be virtually slaves, by which means the orders have aggrandized themselves, with their trade in sugar, cattle and horses, and rice. Although this last is the bread of all, that bread rises in price to such a degree that it can rise no further--to which is added the great export of these products to China and the coasts of Coromandel and Malabar. [86]

Remedy for this evil

To command, under penalty of expulsion, that they do not trade, as it is contrary to law; and, in respect to estates, they ought to sell them, even though they are the just owners, since such business is inconsistent with their ministry. It is certain that, by public report, if they had to show their titles to those lands it would be found that many, if not all of them, had been usurped from the Indians. On this account, without doubt, in regard to this point there was much talk in the time of Governor Arand[i]a. But nothing was gained in favor of the Indians, from whom, let the fathers allege what they please, the endowment of land which the law orders cannot be taken.

TENTH ABUSE

In the extreme parts of the mountains of the provinces of Pampanga, Pangasinan, Ilocos, and others, the regulars possess missions which they call active [vivas] missions. There has been a mission for forty, fifty, or sixty years, without paying tribute or acknowledging the king. If any alcalde has tried to visit them, they have had superabundance of witnesses and testimonies for their right to conduct it; [87] this means that the king supports the missionary, and escorts who guard him. This is a monstrosity; for if he wishes to know the condition and results of the mission the matter is reduced to a lawsuit, until the alcalde is ruined. In reality such missions are advance-posts or custom-houses toward the mountains of the heathen, whence the latter bring down to them their gold, cacao, wax, and other products. This is what employs and occupies the religious father. There are well-founded opinions which assert that the inhabitants of the mountains are not reduced to subjection because of the bad treatment which they know is given them in the missions--where from their foundation there has not been nor is there any Spaniard save the father. It follows from this that, where the father is, there is no lack for vexations against the Indians. Consequently, for the same, and even a stronger reason, the rigor of the decree and laws, and the censure of Fray Gaspar de San Agustin, which are cited in the following abuse, ought to include the regulars.

Remedy for this evil

To prohibit them from engaging in this trading, under penalty of expulsion; and under the same penalty, that they shall not hinder the Indians from going to Manila to sell these and other products which they have, and much less hinder the Spaniards from going to the provinces to buy them, to reside there, and to marry in them, if they wish. To order that the missions be visited, without hindrance, by the bishops in regard to spiritual matters, and by the government; and that, at the proper time, they must pay the tribute in accordance with the laws.

ELEVENTH ABUSE

It is an abuse that the fathers have in every way defended and protected, from the time of the conquest, the Chinese idolaters, apostates, traitors, and sodomites, without any benefit to the community, [88] but with considerable harm in spiritual and temporal affairs; and that they have persecuted the poor Spaniard with so great rancor and eagerness. For it is seen that if any Spaniard goes, on account of misfortune, to the provinces to gain his livelihood, the father immediately orders him to leave, even if he does not lash him, etc. [89]

This is the reason why, after so long a time, there is no other settlement of Spaniards than that of Manila; for in the provinces rarely or never does one see a Spaniard. And, pursuing the same reasoning, after the lapse of so many years we are as strange to the Indians as in the beginning, and even more so, as one can see in the history of the conquest compared with what we all saw during the war.

I venerate, as I ought, the justness of the laws, (xxi and xxii, book vi, título iii, and law i, book vii, título iv, of the Recopilación) which prohibit, in the words of the laws, "Spaniards, negroes, mulattoes, or mestizos from living in the villages of the Indians, for it has been found that some of the first are restless fellows, of evil life, robbers, gamblers, and vicious and abandoned people." However, conceding for the present whatever crimes and stigmas these laws impute to the Spaniards, I declare and affirm that, with that ban, the regulars have committed more havoc in America and Filipinas than all the locusts together. These (the laws) the regulars order posted in the tribunal houses of the villages, and obey them with such rigor that if the laws concerning the missionaries were observed in the same way there would be no Christianity equal to that of those countries.

Let the evil Spaniard be punished; that is but justice: but the good man cannot and ought not to be punished. The fact is that by means of the said laws the father puts all [the Spaniards] on the same footing, and persecutes and punishes all without distinction until he drives them out of the country. In this way, he is left alone in the village, and without witnesses for what only God knows, and the intelligent Catholics weep; and the Indian grows more alien every day, and becomes hostile to the Spaniard through the instruction which he receives from the father.

If the Spaniard is very bad, let him be punished by all means. But, if this is proper, why do they not only not ask the same in regard to the Chinese (who without comparison is worse), but defend, protect, and aid him, on account of trade and whatever else offers?

The Spaniard may be a robber, gambler, and vicious; but he is not an idolater, an apostate, or a traitor, a sodomite, and the father of all deceit, as is the Chinese. Nevertheless, the father keeps still about all this and shelters it, and reserves his hootings only for the poor Spaniard, who many times shames the father missionary himself by the regularity of his conduct.

What consolation can there be for the Spaniard, prohibited so rigorously from entering the domains of his king, when he sees that the Chinese are not only not hindered from such entrance, but also that they are encouraged; and that they rove about, and come and go, with more freedom than in their own country? [90]

Is it possible that we must see laws so harsh against the people of our own nation, and yet, that although the Chinese are foreigners and so perverse in all ways, they have merited a special título in the Recopilación and in article 18, book vi, for their defense, trade, and increase in Manila and the provinces?

Fray Gaspar de San Agustin speaks as follows in his history of the conquest of Filipinas, book ii, folio 373 and verso, when speaking of the Chinese: "They are a race blinded by greed, and self-interest, and when these intervene friendship or relationship counts for nothing; for the son delights more in deceiving his father than the foreigner." He continues, and after noting that they are atheists, and that only by a miracle will it be seen that any of them is a good Christian, he concludes as follows: "finally, they are a nation who hope for no other blessings than those of this world, nor other glory than temporal goods; and they worship no other God than the metals of silver and gold, and keep faith with Money alone."

This is the character of the Chinese, according to the above-cited author. [91] And, granted that it was a very inadequate statement, it is necessary to remark that both he and the rest of his order, and the others, with no difference, have favored and protected such atheists and persecuted the Spaniards. The proof is ad oculum [i.e., ocular], until the destruction during the war; for Manila and the provinces were inundated by Chinese, married and protected by the fathers, but there was not, nor is there a Spaniard [in the provinces]. This was because they did not find themselves persecuted by those same fathers; therefore the Chinese, according to the same historian, reached in time past the number of four hundred thousand. The most remarkable thing is, that the fathers administered to them in spiritual matters with as great serenity as if they were fathers of the deserts, [92] and yet Fray Gaspar confesses that they are atheists.

We cannot pass in silence the fact that after the war the Chinese religious [93] refused to confess the Chinese, for they said that they knew that their fellow-countrymen were idolaters. However, the Spanish religious found a moral rule by which to proceed without any innovation, as they proceed in their own administration; and in this way they have administered the Christian churches in those regions. Consequently, he who says the contrary deceives, and falsifies the truth in regard to certain facts which are public, and which all those of us who have been in those regions have seen.

In confirmation of the above, see the same historian, book iii, folio 426, in which, treating of the arrival of Governor Santiago de Vera, he says: "He brought very strict orders from his Majesty [94] to correct the great excesses which had come to his royal notice, and which had been committed by the encomenderos of the Indians--who, losing shame before God and the world, had descended to such dishonorable acts (perhaps for lack of punishment in the first encomenderos), which transgressed their obligation." Leaving aside the truth of so great excesses and of the medium by which they came to his royal notice (which if investigated thoroughly must have been, without doubt, through the fathers themselves) it is a fact that a decree was despatched at Lisboa, March 27, 1583, in favor of the Indians, and against the excesses of the encomenderos.

The above-mentioned historian continues, and says that the governor deprived Bartolomé de Ledesma, encomendero of Abuyo, of his encomienda, as also others whom he found more guilty in similar crimes--whose names he omits, as it is not his intention to reveal or point out other persons who at present behave as they should; but he will not neglect to give the royal decree.

In fact he gives the decree literally, and in truth the crimes of the encomenderos are so atrocious that they become incredible. But granting their certainty, because the decree so says, one must wonder that the father inserts it so exactly after he has just said that he omits those excesses because it is not his intention to describe them. That being a manifest contradiction, proves that the mind of the fathers has always been, and will always be, to defame and make odious the Spaniard to the Indian, the council, and the king, in order that the fathers may be masters of everything, without opposition or witnesses.

The same historian concludes the matter on folio 427, with the following words: "But Doctor Santiago Vera made such judicious arrangements in regard to the evil doing of the encomenderos, that, from the time of his government, that matter began to take better shape, and through the Infinite Pity is at present in better condition." [95]

This condition of affairs is what the fathers wish, for it has been many years since there has been any encomendero or Spaniard in the provinces. That has been their sole desire, and, having obtained it, he openly avows that the matter is at present in a better condition through the Divine Pity, because they are alone, absolute, and without rival.

But how could this fail to happen thus, if laws xxiii and xxiv of the same título and book only permit the Spaniard, even though he goes as a merchant, to remain in the villages of the Indians for three days; and if he exceeds that time, it must be with the penalty of fifty pesos of gold-dust for each day? It is to be noted here that the father is so exact in the observance of these laws that it can be said that he keeps others; and although he does not exact the fifty pesos because most of the Spaniards require the money for their food, what does it matter if he orders them to be lashed and imprisoned?

Let this point be taken in the sense which is desired [by the fathers], and let the Spaniard be considered most perverse; yet he is better than the best Chinese. Is it possible that so many privileges are conceded to the Chinese, that he is to live, marry, and trade freely in Manila and the provinces, and so great harshness must be exercised against the poor Spaniard? Is it possible that the latter can deserve so little that he is not indeed equal to the Chinese? [96]

The condition of this matter reduces itself to a few points. First, that if, by scandals and evil example to the Indians, the Spaniards have to leave the villages, one ought to begin with the father. This is so notorious a fact that all who have been in América and Filipinas will testify to that effect in the official letters of the Council.

Second, in respect to the arguments which are alleged against the Spaniard, they are not what they seem, and one must subtract three-fourths of them; while it must be assumed as a well-known fact that, as they are his declared enemy, and all the regulars are pledged against the Spaniard, they have not hesitated to find witnesses and raise up false testimonies, in order to attain their plans. This idea is so generally practiced and current, that would to God there were no memory of it.

All these complaints and outcries are reduced to the fact that if the Spaniard is solicitous for women, to oblige him to marry an Indian woman is of infinite advantage to him; and, if he is vicious by another extreme, to punish him. If this remedy does not please the religious (and immediately it does not suit them) why, just as they are irritated against the poor Spaniard, do they not cry out in the same manner against the Chinese, who is so perverse, but defend him in whatever arises? Why do they not cry out against the negro, mulatto, and mestizo who are such consummate rogues, but discharge all their spite upon the Castila?

The explanation of this mystery consists in the fact that the Spaniard treats the father with the urbanity that is used toward ecclesiastics in España; but he is not imposed upon by the kind of servitude which the former desires, and at the same time he is a witness of what occurs in the provinces that is not right, and which the fathers do not wish him to know. On the contrary, the Chinese, under pretense that they allow to him his liberty, keeps still, dissimulates, makes presents, and blindly submits to whatever is ordered of him.

Third, although we grant, as is right, the justice of the above-expressed laws in the time and the sense in which they were made, yet, as they are generally put in force against every Spaniard good or bad, it follows: first, that they punish the innocent; second, they prevent the settlement by Spaniards in the provinces, although it is so necessary; and, third, they hinder our union and friendship with the Indians, and consequently, marriages. And, supposing that the Indian women do not desire anything else, and that a Spaniard thus married has all the kindred of his wife favorable to him, I desire to know, according to good policy, whether there is any other remedy more rational and suitable than this, for the conservation of those domains? This is what law viii, título i, book vi, provides.

There are two alternatives: it is either advantageous for the nation to preserve them, or not. If the latter, let the Spaniards come, and let them be abandoned at once. If the former, there is no other means better than that of union between the two nations. And, besides the fact that this is the universal practice throughout the world, it is unnecessary to say anything more about the matter; for, let the regulars say what they will, they will not deny that if the Castilian language had not been precluded from the beginning, and had the Spaniards married the Indian women--which was the method of giving them good treatment, according to the laws--there would be little or nothing to conquer in the two Américas and Filipinas. Consequently, it seems indispensable to abrogate the above-cited laws, or to moderate them somewhat in favor of the nation, restraining the license of the fathers. That is quite in accordance with law xxiv, título i, book vi, which permits the Spaniard to trade freely with the Indians. That cannot be done if he is to be driven from the villages in three days' time.

Remedy for this evil

To abrogate the laws above cited, as being suggested without doubt, by the regulars, and if not, as being dangerous to the state; and to order that the Spaniards can come and go, and freely trade, in the provinces; to proclaim rewards for those who marry Indian women, and to expel the father if he meddles with the Spaniard in what concerns his external conduct, since, if he is evil and commits crimes, there are justices to punish him.

TWELFTH ABUSE

It is an abuse that, contrary to the command of the laws and so many decrees, the fathers do not permit the Indians to talk Spanish, to which they are greatly inclined, and punish them if they do. This is the surest rule (although very pernicious to the state) of which the fathers have availed themselves, since the time of the conquest, to domineer over the Indians despotically with the king and the Spaniards, to the common prejudice of all. [97]

From this policy it results that every convent of Manila is a Babel, for, when the fathers assemble in the capital, it frequently occurs that each one brings servants from his province to serve him. And since they follow a system, from which no religious order departs, to speak to each Indian in his own language, it happens that in one convent are found the Tagálog, Pampanga, Pangasinan, Ilocan, Cagayan, Zamboangan, Camarines, Igorot, Ilongot, and Visayan tongues, all in sight of the government, Audiencia, and Spaniards, with total contempt of what is ordered in this regard by his Majesty; and by this very proceeding they boast that we do not understand them, and that they alone command the wretched Indians.

Quite the contrary was the rule which the Portuguese followed in India from the beginning of their conquests. Hence one finds that there is no other language in Macao, Canton, Goa, the Malabar Coast, Coromandel, Ceilan, and Batavia, than their own. Surely, if that plan had been followed (as it ought to have been) in the two Américas and in Filipinas, so many hardships would not have been encountered [by the Spaniards] as were seen during the invasion of the English, [98] and as will always be seen for this reason; and the king would be master of those domains with as much security as he is of these [in Spain], but, if the contrary be true, they will always be dependent on the will of the ecclesiastics.

In proof of this truth, one must not forget what we all witnessed during the war; for with the exception of the provincial of St. Francis, who was most loyal and of great service, and that of the Augustinian Recollects, all the rest were declared enemies--so much so that in the most critical time of the undertaking, they asserted that the governor was an insurgent. They held meetings to depose him, contrary to the express laws, and openly encouraged the opposing side. [99]

All the above is confirmed by what was seen in the same system, namely, that notwithstanding the noble example of the loyalty of the two above-mentioned provincials, some of their subjects gave them much to suffer, and as much more to do, for the party of the king. This proves that neither to his Majesty nor to their superiors do they render submission, because of the absolute lawlessness with which they grow up.

Remedy for this evil

To command that the laws and decrees which order the Indians to be taught the Spanish language, be observed; and that the father who violates this, as they have done hitherto, be sent to España, which it the greatest punishment; and without doubt they will have care in the matter.

THIRTEENTH ABUSE

It is an abuse that all the curas oblige the dalagas (so are the girls called) to go to the house of the fathers (the latter, although contrary to law, call it "convent") to pound the rice. That operation consists in removing the husks with certain mallets, by dint of their labor. If this service and labor--which would have to be done by their servants, or be paid for to the poor, in which case the work would be proper, and of value to them--is neglected, it is under penalty of lashes to the girl who does not render it. It is a shameful thing that these women, all marriageable, have to do so unsuitable and dangerous things, as daily experience affirms. [100]

They are also obliged to sweep the churches and clear the grass away from the entrances, while in some places the fathers compel the baguntaos (who are the unmarried men) each to carry them a stick of wood every time they go to mass. In others they practice different burdens and vexations, so that the result of these continual acts is, that since these fathers do not content themselves with the generous stipend which they receive from the king, nor with their so abundant extra fees, they still burden the poor Indian in whatever way they please, always conspiring so that he shall have nothing of his own, not recognize or respect any other authority than their own. [101]

Remedy for this evil

To order, under penalty of expulsion, the fathers not to meddle with the Indians except in their spiritual ministry; and that their household duties be performed by servants, for which they have much more than enough income.

FOURTEENTH ABUSE

Consequent upon this notion of theirs is this abuse, that when the gobernadorcillos of the villages (these are the deputies of the alcaldes) who exercise the royal jurisdiction, go to see the father, they have to leave their staffs or rods of justice at the entrance; for the fathers do not permit even tokens of the royal authority in their presence. The fathers compel those officials to accompany them quite to the sacristy, and, when they return to their house, make them serve them at table, and never allow them to sit down or to keep their hats on; and they address those officials by tu [i.e., "thou"] as they do servants. Let one estimate what they will do with the other Indians.

Remedy for this evil

To order that, when the gobernadorcillos go to see the father, they be compelled to go into his house with their badges of justice, under penalty of [the father's] expulsion if they are forbidden to do so; for, representing as they do the king, the father must treat them with suitable decorum, and must give them a seat, and under no pretext be served by them at table.

FIFTEENTH ABUSE

It is an abuse that, when the provincials go to visit, they make their so magnificent entrances into the villages at the cost of the Indians. That is, just as if they were bishops, the bells are rung for them, and they are accompanied by vast crowds from village to village; and the people go to receive them, and go to expense and make feasts, which only cooperate toward their absolute domination over those natives.

Remedy for this evil

That the regulars be subjected, as is decreed, to visitation by the ordinaries. By so doing, the latter will make use of their right without there being any necessity for visits by the provincials; and when the provincials wish to visit them purely as religious, and not as parish priests, to prohibit the Indians from great public feasts and expenses, under penalty of expulsion, since there is no other remedy.

SIXTEENTH ABUSE

It is an abuse that after the stipend or sínodo, [102] and large fees exacted by the father from a poor Indian in regular form, the Indians generally have to carry the [sick] Indian in a hammock or parilusclas [103] to the church in order that the father may administer the sacraments to him. On account of that abuse, and the motion, and the [effect of the] wind, most of them die; and the man's death is followed by a looting of his house for the burial fees. This is a fine way for the fathers to fulfil their duty and exercise charity.

Remedy for this evil

To order, under penalty of expulsion, that they fulfil their duty, as every good parish priest should, by administering the sacraments to the poor sick in their own houses; and such grave wrongs against the Indians and his Majesty will cease, by moderating the tariffs, with the establishment of the tithes.

SEVENTEENTH ABUSE

It is an abuse that, although the provincials are ordered to watch over the reduction of these peoples, so that the Indians, living within sound of the church-bell, may be directed and instructed in a Christian and civilized manner, the latter are today found (except those administered by the Franciscans, who are those most settled in villages) as scattered as they were in the time of their paganism. They have many of the vicious habits of their paganism, and are so stupid in their Christian belief and social life that it causes pity. So grave a wrong is followed by another against the royal treasury, namely that, as they live far away and in the recesses of the mountains, it is impossible for the alcalde to enumerate them for the payment of their tribute, and he is compelled to guide himself by the list or register which the father gives him. In that particular, considerable discrepancies have always been noted against his Majesty; for in Filipinas and América, it has been considered as an act of cleverness to defraud the king and persecute the Spaniard, and they never tire of it.

Remedy for this evil

To decree that the reduction into villages be carried out as is ordered, which can be secured at once if the father so wishes; and if he opposes the order, to expel him. By so doing, the wrongs stated above will be avoided.

EIGHTEENTH ABUSE

It is an abuse that the alcaldes in the provinces find it necessary to yield to the father in whatever the latter desires (this is always against royal authority) against the Indian and the Spaniard; and, if the alcalde does not thus act, that moment the fathers rise against him and prove, in part or in all, the following charges: "he lives in concubinage, is a drunkard, a thief, and does not observe his duties toward the church," even though he be an anchorite. For the father causes the Indian to make depositions as he wishes, and if the Indian does otherwise, there are lashes. By this may be understood the doctrine which is taught to those ignorant people, and the condition in which the administration of his Majesty's justice and authority is.

Remedy for this evil

To order that the father do not meddle with temporal affairs, under penalty of expulsion. This is certain, for otherwise there will never be peace. [By so doing] the alcalde can administer justice; and, if he should be unjust, the governor and the Audiencia will set the matter right.

NINETEENTH ABUSE

It is an abuse for some men of the religious estate, who are supported and maintained by his Majesty with the character of apostolic missionaries, to teach the Indians, instead of love for their neighbor, to hate and persecute the Castilas (thus they call us Spaniards). This is a practice as old as the conquest, and was seen with horror in the most cruel period of the war; and afterward this proposition was inculcated in a certain pulpit of Manila, to a great gathering of Spaniards and Indians, [saying], "To issue to a man a warrant as alcalde is the same thing as que deleatur de libro vitæ;" [104] and in other pulpits were said other things not less scandalous against all the [Spanish] nation.

Remedy for this evil

To ordain that there be no preaching contrary to the decalogue, under penalty of expulsion, which is justified by so cruel and scandalous an act.

Another of the most grievous abuses is, that religious who have served as missionaries in the islands are generally chosen as bishops in those islands. They having been brought up under the conditions already stated, are influenced, even though they might desire to exercise their jurisdiction as ordinary in certain districts conquered centuries ago, most by the abuses and the domination of their respective orders. Consequently, they overlook wrongs, and keep silent, from which results the despotism of the orders over the two powers [i.e., secular and ecclesiastical]. It is true that, even if they should wish to exercise their jurisdiction, the orders will not allow it; for they are so blind and obstinate in their sway and privileges that they are capable of killing any bishop who makes such an attempt. Doctor Fray Domingo de Salazar, first bishop of Manila, began that dispute with the Augustinians, as Fray Gaspar relates in the above-mentioned history. Others have defended the same idea, but, nevertheless, we see that the said fathers and other regulars still maintain their domination in opposition to the bishops--with detriment to both jurisdictions, and perhaps to Christianity, that cannot be exaggerated.

There are other abuses against the royal treasury worthy of the most prompt relief, such as that of the storehouses of Manila and Cavité, which cost the king huge sums on account of the lack of system therein.

Another abuse is that the post of commander of the Acapulco ship costs his Majesty four thousand pesos. Besides the enormity that such an office should be conferred for only one ship, the further abuse follows that neither the captain nor other officers are of any use, as the commander orders everything at his own caprice; in consequence, either he is superfluous, or they are.

Another abuse is that, after so many years in which so much gold has been produced in the islands, this precious metal makes no acknowledgment to its king in Filipinas by paying him the tenth, nor is it weighed in a mint, nor is it by any other expedient made useful to his Majesty; for the religious orders, the Indians, the Spaniards, and the mestizos make free use of this trade.

Another abuse is, that there has been no thought of conquests in the mountains of Pangasinan, Ilocos, and Cagayan, where, according to accurate information by the fathers themselves, there have been more than three hundred thousand tributes. It would be an easy undertaking, according to the reports of the fathers themselves and the mildness of those Indians.

On account of the advantage which may result for his Majesty and his vassals there, the following points should be considered:

It is known (and I have information in my possession) that there are mines of a special copper, with a mixture of gold, in Ilocos and Catanduanes; and it would be an advantage to open and work them for the casting of artillery and other manufactures.

The iron mine of greatest yield was in operation until the time of the war, when the works were burned. [105] If they were placed in operation again, there is nothing more to do than to begin the work, and they will make whoever operates them wealthy.

The post of commissary of the Inquisition ought to be placed in charge of a secular priest, and withdrawn from the regulars, who have always held it and have practiced very many abuses.

Trade ought to be placed on another footing than that of the regulation of 1734, as it is impossible to subsist on that basis, for thus the islands will be ruined. After they had suffered a year and a half of war, which was one continual pillage, there remained no other wealth than that which was made safe in the "Filipino;" and that wealth has suffered greatly through the continual losses of the trade since that time, and the excessive rise in prices.

A ship ought to sail regularly every year for Manila, to carry secular priests for the object which I have explained, and laymen who are accustomed to the commerce here; for, to speak plainly, those in Manila are not Spaniards, but Chinese, in their customs, usuries, etc. It does not seem out of place to put the shipyard there into good condition for ship-building, and even to create a navy department, like those at Ferrol, Cartagena, and Cádiz. [106]

The recoinage of the mutilated money of the islands ought to be considered, for the Sangleys have pared and clipped it so much that it is almost half-size. On that account no one wants it, and all desire to get rid of it, with the loss of ten to twelve per cent, which is the usual discount. There is always fraud in that, although the greatest fraud is in the purchases which are made with that money, in which the goods are sold forty per cent dearer, so that the Chinese profits and cheats in everything; for, as he does not carry to his own country other money than that with the milling around the edge, he cheats by forty per cent more in the goods, and the discount does not cost him more than ten or twelve. [107]

In the management of the royal treasury, and especially in that of the storehouses at Manila, Cavite, and other places; in the contracts and charters for the transportation of provisions from the provinces to the capital; in the care and conservation of arms and ammunition; in the collection of tributes; in the collection of all the royal duties; in the appraisals for the sales of offices; in the auction of the revenues leased and held by monopoly; and finally, in everything of advantage to his Majesty: there are most enormous frauds, which need instant correction by planting deeply the order, system, and method which justice and the laws demand, in order to suppress the thefts which have hitherto enriched the governors, royal officials, and other employees who have made a private patrimony out of what belongs to the king, destroying the royal revenues and ruining the islands generally by their insatiable greed. Consequently, although the country has resources for maintaining superabundantly all the obligations and business of the royal service, his Majesty has expended immense sums in the annual situados sent from Nueva España, without other benefit than that of feeding the avarice of faithless ministers, both secular and ecclesiastical--who, although charged with the conservation and prosperity of those islands, abandon them without defense, and in the miserable condition which was made plainly evident in the last war, to our utmost grief, where even the hearts of those most honored and put under obligation by the king were alienated, and they forgot the loyalty and love due to both Majesties. [108]

For the radical correction of the above ills it is indispensably necessary to frame and send from here clear and full instructions for establishing the just method of procedure that is fitting, conferring on the governor all the authority necessary for its execution, by the means which prudence and the actual condition [presencia, misprinted paciencia] of affairs dictate to him.

Finally I direct attention to the undeniable assumption that the Filipinas Islands, on account of the natural wealth of their soil, their advantageous situation for carrying on the commerce of Asia with this Peninsula [i.e., Spain], and still more as being the outpost which defends and insures the peaceful possession of the rich and extensive empire of the two Americas, Northern and Southern, on their Pacific coasts, in which is situated the greater part of their wealth--for all these reasons, they demand in justice, in reason, and in all good policy, that the greatest attention be given to them, without sparing any means or effort that may contribute to the conservation and success of so important a matter.

The choice of a zealous governor will contribute especially to erecting the foundations of that great work, but it is necessary to honor him and give him authority, so that he may work to advantage and without the obstacles that have many times frustrated the best and most carefully conceived ideas, by secret information, by tricky and criminal artifices, and in other evil ways.

The ideas expressed thus far are quite adequate, if they are carried into execution, and they become more important, on account of the persons by whom they must be carried out, many of whom have reached the end of their usefulness, and belong to different estates, and very opposing interests--the most influential of whom are accustomed to and have grown old in despotism and lack of restraint. In order to remove that despotism from the provinces, to make the city secure, and succeed in obtaining that one "render to God what is of God, and to Cæsar what is of Cæsar," that governor needs a body of troops suitable to cause respect for the name of the king. This object can be attained only by being carefully followed up by a ruler who is disinterested and zealous for the royal service, it being well understood that such military force ought to be placed on the same footing of pay as that of Nueva España, since otherwise there will be no one who will serve in it.

The king has capable and zealous ministers who can examine the points which are here briefly indicated. They may be certain that what I have set forth is accurate and reliable in all its parts, and that I have had no other motive and impulse in exposing it than my love and zeal for the service of God and of the king. The latter will deign to determine what may be most to his royal pleasure. Madrid, April 12, 1768.

Doctor Don Simon de Anda y Salazar

Your Excellency, Dear sir and master:

I remit the enclosed extract of the points which, I have considered, require a positive and speedy remedy in the Filipinas Islands, so that your Excellency can more easily understand their condition in the toilsome labor of examining the representations which I made at the time upon the other points, from Manila.

Your Excellency may be assured that I have no private interest in the matter, for everything is for the king, my master. It is to be noted that, although this appears to be hostile to the religious estate, it is not so, nor have I any such spirit [of hostility]. I assure you that, if these recommendations are carried out (if your Excellency shall deem that best) the religious communities will thank you heartily, although at the beginning, and at first sight, they may show some anger.

May God preserve your Excellency many years, as I desire. Madrid, April 13, 1768. Your Excellency, your humble servant kisses the hands of your Excellency.

Doctor Don Simon de Anda Y Salazar

[Addressed: "His Excellency Bailio Frey Don Julian de Arriaga." [109]

ORDINANCES OF GOOD GOVERNMENT

ORDINANCES OF CORCUERA AND CRUZAT Y GONGORA, WITH LATER ADDITIONS

Ordinances of good government (the original ones) by Governor-general Don Sebastian Hurtado de Corcuera in 1642. Revised by Governor-general Don Fausto Cruzat y Góngora in 1696. Enlarged later. [110]

Don Fausto Cruzat y Góngora, knight of the Order of Santiago, member of his Majesty's Council, his governor and captain-general of these Filipinas Islands, and president of the royal Audiencia and Chancillería resident therein, etc.:

Inasmuch as I have recognized that there has been considerable change in regard to the ordinances made by Don Sebastian Hurtado y Corcuera when he was governing these islands in the former year 1642, for the direction and good government of the alcaldes-mayor and corregidors of the provinces of the islands, both in those occasioned by time and because of some [111] ... having been seen in the observance of ... sections which then ... in harmony with reason ... some have been abolished and others added at different times; and since on account of the many numbers that are found to have been revised at present, confusion might be caused to the ministers who are to observe them, as has been experienced on some occasions; and desiring to avoid these inconveniences, and that everything may be clearer; and since I believe that it will be greatly to the pleasure of God our Lord, and the service of his Majesty (whom may God preserve), to reduce them to a less number, which the times render necessary, for their good direction according to the present condition of affairs: I order and command you, the said alcaldes-mayor and corregidors who are at present and shall be in the future in the provinces of the district of this government, that during the term of your offices, each one of you in your jurisdiction and district, shall observe the following order, sections, and instruction.

1. [On taking office, they must swear before the chief notary of the government to execute the laws according to justice; not to take bribes and excessive fees; and to abide by the laws of the kingdom, and any ordinances, and the present instructions.]

2. [Since the officials will serve as an example to the natives under them, they must see that their behavior morally and religiously is above reproach. They are also to watch carefully over the morals of those under them, and especially to see to it that blasphemy is punished.]

3. [The Indians must be well treated, and must be molested by no person, whatever his rank. The rich must not oppress the poor in any way, "and if anything should arise in this that you cannot remedy in person, you shall advise me very minutely of it so that I may correct it and have it remedied in the most advisable manner. You shall not permit any encomendero or his collectors, or any other person, to borrow or get credit from the Indians in gold, reals, or any other ...; nor that the tribute be collected from them before it is ... the year when they are to pay it; and the collection, ... according to the last appraisal at the ages ordered; nor that, as a ransom or as a recompense for anything, or under cover of anything else, more be collected from the Indians than is due according to the said appraisal, namely, one toston in kind, and the hen at the price declared in the appraisal, and the rest in reals; nor that any collection be made from him who sowed and did not harvest; nor from anyone who was sick or occupied in the service of his Majesty, and was unable to sow, nor from old men of sixty years, who are by reason of that age reserved by this government [from the tribute]. You shall not consent under any consideration to the contrary of all the above; nor that the said encomenderos or their collectors live among the Indians of their encomiendas longer than the duration of the time of the collection, which at the longest must not be more than three months." Likewise the encomenderos and their collectors are to promptly pay what they owe to the Indians, both for personal services and for provisions and other supplies furnished at the time of the collection of the tribute, and these shall be paid at the current rates. Great care is to be exercised in the election of new cabezas de barangay, who are to be in the line of succession, and have the necessary qualifications therefor, and are to pay the media-anata before a legal title can be issued to them by the governor. When at death or for any other just reason it becomes necessary to elect other cabezas, "you shall send me the nomination of three chief persons suitable and capable for each barangay, and shall inform me of the reasons and causes for the removal, so that after I have examined them I may choose whom I please." The non-observance of this method of election will bring its punishment. Each barangay must consist of forty-five to fifty tributes, and no more. [112] Barangays with less shall be united.]

4. [The Indians must not be harassed with injurious taxes and assessments (as is so often the case). If such become necessary, the governor is to be informed thereof, the necessity therefor, and the sum to be assessed. A list of the citizens is also to be sent, "with mention of those who possess property, so that allowance may be given by this government to make the assessment, so that an equal charge may not rest upon those who have money and those who are destitute of it, but that each one contribute according to his several ability." The imposition of a tax or assessment without the permission of the governor carries with it deprivation of office and satisfaction from the property of the one dismissed of the entire sum contributed, to those assessed, and a fine of 500 pesos for the treasury and fortification expenses.]

5. [In the management and disbursements of funds from the communal treasuries, there is much graft among the officials. An order sent to all the provinces the preceding year at the request of the fiscal ordering the alcaldes-mayor and corregidors to oversee and manage the communal treasuries is to be strictly obeyed. All disbursements are to be by express order of the superior government. Disbursements made without such order shall be made good from the property of the one allowing them, or their bondsmen.]

6. [Alcaldes-mayor and corregidors are not to accept any presents, even of food, during the term of their office, as their hands will be bound thereby. They must pay a just price for what they purchase. During the term of their office they are not to purchase a ranch or any lands in the territory of their jurisdiction; neither are their secretaries or alguacils-mayor to buy them: for many evils follow therefrom. They are to build no sailing craft under any consideration, "under penalty of loss thereof and two hundred pesos, applied half to fines for the treasury and fortifications, because of the great harm caused to the natives by such constructions. For when you need any vessel, you can charter one." Likewise they are forbidden to engage in any trade with the natives and citizens of their jurisdiction, either directly or through agents. They are not to take a portion of the fees and salaries of their notaries, interpreters, and other persons, "because of the harm resulting from the judges having such shares. Nor shall you allow your officials to take them; nor shall you make an agreement with anyone in regard to the abovesaid."]

7. You shall visit your jurisdiction once each year, remaining twelve days in each large village of the chiefs, and six days in the small villages, visiting them and trying with justice the natives in whatever they plead, remedying all that you may find necessary and clearing away whatever injuries or injustices may have been committed. [During the visit or rather, during all their term, they are not to hale anyone into court to justify any slavery, but justice is to be meted to those who appear to plead of their own accord. They, their clerks, or other officials, shall not take fees from any fifths of gold paid them in their jurisdictions; neither shall fees be exacted for the visit. They must pay their own expenses during that period and not exact them from the Indians. Contravention of this last means restoration of the amount exacted to the Indians, and four times as much as a fine.]

8. [This regulates the manner of trials and the fees for the same. No process is to be made in cases involving sums up to twenty pesos, but such cases are to be briefly despatched, and the notary cannot receive a fee in excess of four reals from each party to the suit, under penalty of returning it, and a sum four times as large as a fine to the Manila court. If one Indian causes the arrest of another Indian, and the one arrested confesses his guilt, sentence is to be passed by virtue of the confession. Otherwise witnesses shall be called, and after their depositions are taken, the case shall be judged. If there is any appeal, the case is to be tried in second instance, and after examining the witnesses the records are to be sent to the Manila Audiencia. Criminal cases must be tried as soon as possible. Those involving sums not in excess of five pesos shall be tried summarily, and nothing more than a mere record of them shall be made for the archives of the notary. No fees are to be received for depositions of witnesses, and only the fee adjudged by the tariff can be accepted for giving written records of the case to the parties involved. The tariff of fees is to be posted in a public place in the court, both in the Spanish and native language, in order that all may know the amount to be paid. Notaries are to record the amounts accepted as fees, which must not exceed the tariff. This method of trial was ordered for the purpose of saving time, expense, and trouble to the Indians.]

9. [Tariffs according to which food can be supplied to travelers are to be posted in all the villages along the line of travel; as well as of all aid furnished in sailing craft, men, and horses. "For which you shall unite with the father minister of the doctrina, and between you two, you shall make said tariff. In it you shall write that in Tondo and all along the coast of Manila, two reals must be paid for one hen, one real for a dumalaga, [113] and one-half real for a chick; in Pangasinan, Ilocos, and Cagayan, one real shall be paid for a hen, one-half real for a dumalaga, and one cuartillo (four to the real) for a chick; in Tayabas, the tariff made and confirmed by this superior governor shall be kept, until otherwise commanded by it; in Pintados, Leyte, Cebú, Camarines, Catanduanes, Calamianes, and the other jurisdictions and provinces, each hen at one-half real, and in proportion each dumalaga and chick. The other food and other things necessary for travel, on the basis of such tariff shall conform to the usage of the country." The fees to be collected by them and their notaries for making the tariff shall not exceed one real, and a copy of the same is to be sent to the governor for his examination and confirmation. Contravention of this order carries a fine of fifty pesos, to be applied in halves to the treasury and the fortifications.]

10. [Bridges are to be built and repaired, and rivers kept clean, especially those flowing from Laguna to Manila through Pasig and Taguig. All undergrowth, enclosures, and obstacles to the natural current are to be removed, in order that the waters may be confined to their beds, thus avoiding overflows and damage to crops. This must be done with the least possible trouble to the Indians, and all must share alike in the work.]

11. [In villages along the line of travel, the natives must not be made to act as porters (a prolific source of evil), even with light burdens. Each village must purchase immediately horses and cows, so that they may be available for travelers.]

12. [Natives must not become vagabonds, but must cultivate their land, both for their own good and that of the community. In some provinces, underbrush has sprung up and food is scarce because of the nomadic habits of the Indians, and their laziness. An edict is to be published to the effect that if all those who own lands do not cultivate and sow them within two years, such lands will be sold to the highest bidder. The official not obeying this law shall be fined fifty pesos, to be applied in halves to the treasury and the fortifications.]

13. [The rearing of fowls and swine is obligatory on the inhabitants. Each Indian is to have at least six hens and one cock, and one sow. Each Sangley is to have a dozen hens, one cock, and two sows. This will avoid scarcity and dearness in price. Close inspection is to be made by the alcaldes-mayor and corregidors, under penalty of suspension from their office. For such inspection, no fees are to be charged by any person connected therewith, under penalty of returning said fee, and a sum four times as great for the treasury.]

14. [Great harm results from Spaniards, Sangleys, and Indians giving money to other Indians for their trading. No sum must be so given in excess of five pesos, not even under pretext that it is advance pay for rice or other products. If more is given, it shall be lost, and the Indian receiving it cannot be made to pay it. The prices current at the time of the harvest shall be paid to the Indians by all purchasers other than the king, who has a special rate. No purchases can be made by individual persons until those for the royal warehouses have been made, and the tributes paid. Notaries and Indian governors are forbidden to draw up any contract at the fixed rate or at the price paid by the king.]

15. [Inasmuch as Indian slavery is forbidden; and since the transfer of those called slaves by custom is also forbidden; as is also that their descendants born after August 18, 1692 (the date of the publication in Manila of the act of the royal Audiencia of Mexico, in accordance with the royal decree of Buen Retiro, May 1, 1686), should be slaves: the officials are to carefully carry this law into effect, and prevent such slavery.]

16. [Careful regulations are made concerning the Chinese. Because of the spiritually demoralizing effect of the Sangleys on the Indians, and the harm resulting from the wasting of the substance of the latter which is given in exchange for things of little value offered them by the wily celestials, great care is to be exercised in regard to both Christian and heathen Sangleys. None of the latter are to have residence among the Indians, and if any such are found in any village, they are to be immediately sent to the Parian in Manila, the penalty in case of non-compliance with this order being two hundred lashes and four years' service in the Cavite harbor. The married Christian Sangleys who prove detrimental to the Indians are to be sent to the villages of Santa Cruz and Binondo, and the single men to the Parian (these facts to be ascertained from the priests in charge of the various villages), in accordance with the laws of December 12, 1695, and January 16, 1696. Sangley traders may go to their trade in the jurisdictions of Tondo, Bulacan, Pampanga, Laguna de Bay, and the port of Cavite, provided they have the government license therefor, not being allowed to sleep in any village or house of the Indians, but in their own boats. Trade in any village is limited to twelve days. Any Sangley who shall be found sleeping in any village shall be sent to the governor, who may impose at will upon him the penalty of two years' service in the harbor of Cavite. Christian Sangleys shall not be allowed to reside in any village in excess of the number required for the service of the convents and the village, and unless married to Indian women. Close lists of all such, with the necessary statistics, must be kept, and they must have the government license to remain in such villages. Any alcalde-mayor or corregidor allowing any Sangley to live in any village or to trade without the government license shall pay a fine of 200 pesos, and must pay besides the amount of the license for the period during which the Sangley has been without it.]

17. [Commerce is to be free to all Indians of whatever jurisdiction they be, throughout the Philippines; and no license is required, nor can any fee be charged them. This will ensure a good supply of provisions and other necessities, and promote the cultivation of the land. Good treatment must be shown to them, and their passage from one place to another facilitated, under penalty of a fine of 100 pesos, and a charge in the residencia of the one who transcends this order.]

18. [Large and small weights and measures are to be uniform in all the islands with those used in Manila, and shall have been sealed and marked in that city. All others shall be collected, and used under no consideration. Those using others shall restore all things sold with them, and a sum four times as great as a fine to the treasury.]

19. [This law lessens and defines those exempt from tribute, polos, and personal services. On account of so many reservations from these, the burden has fallen on the weakest of all the natives, namely, the timauas [i.e., freedmen]. Those exempt shall include all sixty years old and above; the cabezas de barangay, and their eldest sons and successors; cantors, sacristans, porters, and cooks [of the church and convents], who have been exempted in accordance with the act of Governor Santiago de Vera; all officers of justice for the time they serve only; the Pampangos who serve as soldiers and in other capacities for the royal pay in Manila, Cavite, and other presidios, for the time they serve, and their wives in case that they are married. The due honors are to be reserved always for all ex-officials of justice, and they shall be given a special bench in the Audiencia, so that they need not stand, but exemption from all dues shall be only for the length of their actual service. All other reservations than those named above are null and void, among them those of men having more than six children, a practice that has been introduced in some parts, and which was ordered suspended, by request of the fiscal, by an order of December 24, 1695. Alcaldes-mayor and corregidors violating this law shall pay the amount of all injuries resulting therefrom, and a sum four times as great, as a fine.]

20. [This law concerns the matter of repartimientos among the natives for supplies for the royal magazines, and for the galleons and vessels despatched annually to Nueva España and the Marianas. Many injuries result because the repartimiento is divided among the Indians, and the Spanish and Chinese mestizos without regard to their material conditions, which gives rise to much suffering. Often "those who have nothing to give, are compelled to get the products elsewhere, and at times to buy them at a higher price than that paid them on his Majesty's account." The repartimiento is to be made among all who have had a harvest, according to their several ability, and after sufficient has been reserved for the support of their families, the next year's sowing, and for the tribute. Those who have not been able to harvest, either through the inclemency of the weather, or because they have been unable to sow because of being absent or busied in the royal service, and the poor, shall be exempt from furnishing supplies. A sworn statement given before the priest of the village shall be necessary to secure exemption. Those furnishing supplies shall be paid immediately, the money being given to each seller in person, and not to the cabezas de barangay or the notables. If the royal funds of any district are insufficient to pay for the supplies furnished, the surplus will be sent on from Manila. Under no consideration shall any debt be left standing. The alcalde-mayor who shall violate this shall be deprived of any political office forever, and shall be compelled to pay all such debt from his own property and a sum three times as great, as a fine, and he may become exempt from this penalty under no consideration. No repartimiento shall be made except at express order of the superior government, under penalty of a fine of 1,000 Castilian ducados.]

21. [A law of the kingdom prohibits repartimientos of Indian tanores [114] for the service of the alcaldes-mayor, priests, or any other persons; or that contributions of fish be asked for the support of anyone, for vigils, or for Fridays and Saturdays. This law must be strictly enforced, and must be proclaimed in all the villages so that the Indians may be fully aware of it. If the alcalde-mayor is unable to prevent any person from violating this law, the governor shall be informed and he will take the proper measures. Any neglect in this shall be made a charge in the residencia. The alcalde-mayor who violates the law shall pay the just value of such services or fish, and a fine three times as great, and be deprived of all political office perpetually. Indians used as rowers by the alcaldes-mayor or priests in their official capacity shall not be paid, but at all other times they shall be paid as follows: between Mariveles and Manila, at the rate of one-half real per day and food; from Mariveles and beyond, at the current rate of the various districts.]

22. [Alcaldes-mayor, corregidors, priests, and other officials shall not be supported at any other than their own expense. Provisions shall be purchased at the prices current, and cash must be paid for them. The natives, however, are compelled to sell provisions to such persons for their support, but such purchases are not to exceed the amount needed. Violation of this law means loss of office.]

23. [Alcaldes-mayor and corregidors on assuming office shall receive from their predecessors an inventory of all papers in the archives (if there are no notaries in charge of them), and shall pass on the same with all that have accumulated during their term of office to their successors. This shall be a charge in their residencias, and they must present testimony that they have so done. No person is to be condemned to the galleys or to undergo any bodily mutilation, except with the advice of an assessor enrolled in the royal Audiencia. In case there is no assessor in any district, all cases involving such condemnation must be concluded, all except the sentence, and then prisoner and records sent to Manila for sentence in the royal Audiencia.]

24. [In prisons, women and men must be kept separate. If the complaint against women is slight, they shall not be confined in prison, but kept in the house of some relative. No prison fees shall be accepted by any official from the Indians imprisoned, under penalty of repaying them, and a fine four times as large.]

25. [No office can be resigned without governmental permission, under penalty of a fine of 100 pesos. Record books shall be delivered to the alcaldes-mayor and corregidors by the government secretary, in which shall be kept an account of the fines, expenses of justice, and fifths of gold. At the conclusion of anyone's term, this book shall be delivered to the royal accountancy, and the amount of the fines and fifths to the royal treasury.]

26. [This law concerns the appointment of inferior officials by alcaldes-mayor and corregidors. No Spanish alguacil is to be appointed without government title. If any serious case demands such an officer, he shall be appointed only for the time necessary and when the immediate duty is concluded he shall be dismissed. Appointments as lieutenants, masters-of-camp, sargentos-mayor, captains, alferezes, sergeants and adjutants of native military companies, governors for the Sangleys and natives, and all other appointments to military and political posts (whether paid or not), shall not be made without government title. Appointments shall be made only when vacancies occur, and when necessary, three names shall be sent to the governor at Manila, who shall make the appointment therefrom. Without the government title, no one shall exercise any official duty, under penalty to that alcalde-mayor or corregidor who shall violate this law, of a fine of 500 pesos, the payment of the fees of media-anata and such title, while the violation shall become a charge in his residencia, and he shall be subject to all other penalties imposed for such violation. Notaries are prohibited under like penalties from drawing up such titles or countersigning the same, and shall not allow possession of any post to be taken without government title. All notaries shall be required to make full testimony of the observance of this law, and in districts having no notary, a certification must be made by the priest.]

27. [Methods of election for various jurisdictions are prescribed by this law. In the four jurisdictions of Tondo, Laguna de Bay, Bulacan, and Pampanga, considerable trouble has been experienced at the annual election of the district governor, which has resulted in much ill-feeling among the Indians, and lawsuits because of factions among them, as the elections have been participated in by all in common. Henceforth, the elections are to be held on the day assigned, by all the cabezas de barangay of each village (if there are twelve of them; if less than that number, notables of the village are to be appointed to that number), who with the retiring governor and with the intervention of the alcalde-mayor and priest of the village, shall proceed to the election. Having chosen three persons, their names shall be forwarded to the governor at Manila, in a sealed paper bearing the following title: "Election of such and such a village, which is sent to the governor and captain-general of these islands, through his government secretary." In accordance with the governor's choice from these three names the title of the new village governor will be expedited. In the jurisdictions of Calilaya, Balayan, Mariveles, and Cavite, elections shall be held as heretofore, and those elected shall go to, or send to, the governor in Manila for confirmation of their office. Elections shall occur between January 1 and February 28, and for each one the alcalde-mayor and the notary shall receive only three pesos. In all other jurisdictions, elections shall be held in the usual manner, and the appointment made by the alcalde-mayor, but no office shall be enjoyed without the government title. These titles shall be sent to each district, in accordance with the order of September 23, 1693, made out by the government secretary, and signed by the governor and countersigned by the secretary; and on them shall be entered the names of the successful candidates. The names of those elected shall be sent for entry in the government books, and all media-anatas shall be paid, as well as title fees and cost of sealed paper. No newly-elected official shall hold office until he has received the government title, and the old official shall hold over until such time. Violation of this law shall incur the penalties of the preceding law, and it shall be made a matter of residencia.]

28. [No encomienda shall be granted nor any acts made in regard to them without the express command of the superior government. Any claims to encomiendas must be satisfied through the proper channels. Claims to any encomiendas obtained otherwise are null and void.]

29. [No Spaniards may live in any Indian village, except by permission of the governor at Manila, and where such permission is given, they must live decently and quietly. This includes both married and single men, and is to be enforced especially in the province of Pampanga, although all Spaniards married at present to Pampangas may remain. All other men married to Spanish women or to Indian women of Pampanga [in the future], and all single men must leave the province immediately, and may not return without permission. If Spaniards wish in the future to marry Pampangas, they cannot live among the natives, under penalty of a fine of fifty pesos.]

30. [A general treasury council held in April, 1696, rules that the Indians shall not be compelled to take the tribute to the capital cities at their own expense. In case they are ordered to take it to any place, they must be paid the proper prices for transportation. If after the stipends of the priests of the villages are met, any residue of the tribute remains from the encomiendas belonging to the royal crown, the alcaldes-mayor shall notify the superior government and the royal officials of the amount in each village, so that it may be ordered taken to the place deemed most advisable. Nothing spent for transportation shall be admitted unless an order has been given for such transportation. Encomenderos and collectors shall observe the same method in order to avoid the injuries suffered by the natives. Violation of this law shall be a matter of residencia, and those violating it shall be condemned to make good all the losses to the Indians in consequence thereof, and four times that amount as a fine.]

31. [A government act of March 22, 1657, ordered all the polo funds created in each village to be suppressed, as well as the need of each chief contributing annually one peso and each timaua one toston to them, for the expenses of his Majesty's service. Alcaldes-mayor and corregidors are ordered not to allow such funds to exist, or any contributions to be made for them, under penalty of suspension from political and military office for four years, service as a soldier, and a fine of 100 pesos.]

32. [Great care is to be taken to have the Indians plant cocoanut palms and set out abacá plants: the chiefs, trees to the number of two hundred and plants to the same number; and timauas, each to the number of one hundred. Those dying out are to be renewed, so that the number may always be kept up. This is to be a matter of personal care on the part of the alcaldes-mayor, who are to appoint a representative in each village to register the trees and plants and render account of neglect to observe this law. The palms are useful for the support of the Indians, while from its fruit are obtained oil, wine, and bonote for the furnishing of the galleons and other vessels, and the material for making rigging. For failure to prepare these supplies for the ships, a fine of 1,000 pesos shall be imposed for the purchase of oil and abacá, and the omission shall be made a charge in the residencia. Loss of office shall also be incurred, and for the inferior officials a penalty of two years in the galley without pay.]

33. [The Indians, both men and women, and the married Christian Sangleys must be made to destroy the locusts that do so great harm to the crops throughout the islands, especially the young, called locton, which are so destructive, and can be killed easily as they have no wings. Each person shall be charged during certain days or weeks to kill so many gantas of this destructive pest, under penalties that shall be imposed for neglect. Neglect by the alcaldes-mayor and corregidors in this law shall mean deposition from office, and a charge in their residencia.]

34. [No obstacle shall be placed to the Sangley craft that have government permission to trade in any province, during the time of said permission. But at the end of the term of their license, they must return to Manila, and the alcaldes-mayor and corregidors may not continue that period. Sangleys found without the government license, or with it, if outside the provinces of Tondo, Bulacan, Pampanga, Laguna de Bay, and the jurisdiction of the port of Cavite, to which the government license extends, shall be arrested and sent with their crafts to Manila, with testimony to that effect, so that they may be punished fittingly. If any license is given or continued unlawfully, a fine of 1,000 Castilian ducados shall be imposed, and perpetual deprivation of office.]

35. [A government order of September 13, 1688, in pursuance of a royal order of the ninth of the same month, arranged for "raids into the mountains of the provinces of these islands, for the reduction of the Indians in insurrection and the mountain-dwellers in the provinces of Cagayan, Caraga, Calamianes, the island of Negros, Oton, Camarines, and Leyte; and that in the said provinces of Cagayan, Caraga, Calamianes, and Oton, where Spanish and Pampanga infantry is garrisoned, whenever aid of money and rice is given on the account of his Majesty, the said raids shall be made with that part of the infantry that is deemed advisable, while the remainder shall be left for the usual matters for which it was intended. The alcaldes-mayor of Camarines and Leyte shall give aid from the royal property in their charge, in rice to the amount of one ganta of palay per day for every person taking part in the said raids, for the time of their duration, but he must not forget to send a previous report to this superior government, with the testimony of the notary of each province and the certification of the father minister of the doctrina of the number of persons to be occupied in said raids, and at the end of said raids he shall send a report of them, and the time they lasted." Otherwise the alcaldes-mayor will not be credited with the amount of rations they have supplied for such raids. In regard to the island of Negros, the corregidor of that island shall requisition the necessary troops from the alcalde-mayor of Cebú. This order shall be sent to all the provinces and shall be kept in the archives of the courts thereof, so that it may be exactly observed.]

36. [Lists of the persons sailing in any royal vessel to points in the islands shall be furnished by the pilot or master; as well as the time for which they are supplied with food. A month's rations are to be allowed to such persons after supplies are exhausted. If they cannot return to Manila in that time because of some unforeseen event, another month's ration shall be given them by the alcalde-mayor in whose jurisdiction they may happen to be, and the amount entered in their accounts, so that it may be made good. All repairs to such vessels as have to be made in the provinces, and the cost of the same shall be estimated by experts in the presence of the proper officials and the priest of the village. The alcalde-mayor shall pay the same from the royal funds, and, on the statement of the priest, the expense shall be admitted.]

37. Having been informed that the native vassals of his Majesty living in the villages of the provinces of these islands had intercourse and communication with the heathen, apostate, and fugitive Indians who dwell in the mountains and hills, by going to trade with them and selling them iron for their weapons, wearing apparel, and the other things lacking in said mountains, and necessary to them for the conservation of human life, on account of which their pacification and reduction to our holy Catholic faith and to the obedience of his Majesty is impossible, frustrating, because of the interest of said Christian natives in the gold and wax which they get through said heathens and apostates, the Catholic zeal of his Majesty, who is maintaining these islands at so vast expense to his patrimony, for the sole purpose of the extension of the holy gospel and the conversion of their natives thereto; and considering the only remedy to be the avoidance of such inconvenience: on the seventh of January last of this year, I sent orders generally to all the alcaldes-mayor and corregidors, commanding them to publish an edict in every village of their jurisdiction, forbidding all the natives thereof who are subject and recognize vassalage to his Majesty, to have intercourse, communication, or trade with the heathen, apostate, and fugitive Indians, negroes, and Zambals, who inhabit the mountains and hills, and are not reduced to the royal obedience, under penalty of one hundred lashes and two years' service in the harbor of Cavite, with only their food. Said alcaldes-mayor and corregidors shall watch, and use great care in avoiding such intercourse, communication, and trade, and shall take all the measures that appear necessary therein. They shall report to this government the results and all that arises therein, in order to see whether it is necessary to enact any other measure. They shall do this inviolably, without any pretense or tolerance, for it is not practicable that said heathens and apostates having been compelled by necessity, will become reduced to obedience to his Majesty and embrace our holy faith by means of the preaching of the father ministers of instruction. The latter shall for their part aid in a matter so to the service of both Majesties, as I have asked and requested of the reverend fathers provincial of the orders. Said alcaldes-mayor are advised that this prohibition is not to be understood in regard to the heathen Indians who live in the villages and obey and pay tribute to his Majesty; and that those of this kind shall not be prohibited from trading with the Christians, because they are subject to the obedience of the king, our sovereign, and pay him a recognition of vassalage, in the tribute which they give.

38. [An order given by Cruzat y Góngora, December 24, 1695, to alcaldes-mayor and corregidors, arranges for the appointment in each village of several notables, whose business it shall be "to seek out Indians who commit offenses against God, our Lord, in order to correct and punish them, and report thereof to the father ministers, so that they may be dissuaded from their errors, and directed along the path of salvation." Great care is to be exercised in this, and those Indians called vilitaos and casonos [115] are to pay tribute and render personal services. Report must be made as to whether the above classes still exist, and whether they pay anything to any person for exemption from tribute, polos, and personal services, and they shall be punished if of the secular court. [116]]

39. [This law, which was enacted by Cruzat y Góngora, May 14, 1697, and ordered to be included among the government ordinances, commands that the two cooks allowed to priests established in a district having five hundred whole tributes be no longer exempted from tribute, polos, and personal services. The ordinance enacted by Santiago de Vera, by which cantors, sacristans, porters, and cooks, are exempt from the above, shall be revised to read only the first three. This ordinance is made in pursuance with the decision of the royal Audiencia of February 22, 1697, that laws xli, and xlii, título xii, book vi of the Recopilación be obeyed. It was consequently ordered by Cruzat y Góngora's decree of February 22, 1697, that no village shall against its will furnish any Indian tanores to the seculars, regulars, or other ecclesiastical persons, or to the alcaldes-mayor. (See ante, pp. 203, 204, ordinance 19.) Hence, that this order may be executed, the present ordinance follows.]

40. [An ordinance enacted by Governor Zabalburu, April 8, 1704, is given because of a communication received by him from Archbishop Camacho, under date of January 26, 1702. The letter asks that law vi, título i, book vi, of the Recopilación be enforced, because of the sins, both against chastity and justice, arising from natives serving in the houses of their prospective parents-in-law. It happens often, in addition to the sin against chastity that the marriage is not consummated, and the man loses his wages for the service he has rendered. The archbishop has published an edict ordering this practice to cease, but it is wise for both the civil and ecclesiastical power to act in concert in this matter, "for it often happens, on not few occasions, that fear of the royal power is stronger than veneration for the holy laws of the Church." The governor is asked to add to the penalties of the law, those penalties which he judges advisable. Consequently, he orders that in each native village, no Indian shall receive into his house or service any man who is about to contract marriage with his daughter, during the three festival days of the village, and that he shall not receive any money or products from him because of such matrimonial contract. Timauas violating this ordinance shall receive fifty lashes, be incapacitated from holding any office, and be compelled to restore to the treasury what may have been thus paid. Notables shall lose their rank and become timauas. The due performance of this ordinance shall be a charge in the residencia of alcaldes-mayor and corregidors.]

41. [An ordinance enacted by the same governor, April 28, 1704, cites an act of his predecessor, Cruzat y Góngora, April 30, 1697, ordering that when the priests of the villages need Indians for the necessary things of the divine service, the gobernadorcillos are compelled to furnish them, the priests paying such Indians at the rate of one real per week apiece and their food. According to the order of Governor Niño de Tabora, no priest was to have more than four Indians, in addition to the cantors, sacristans, and porters. In villages so small that the stipends received by the priests are insufficient to pay for the services of the four Indians, they are not under the necessity of paying them, if their residence there is a necessity, and they reside there at the petition of the Indians, in which case the latter shall pay for the services of the four Indians. Another act of Cruzat y Góngora, of August 31, 1697, rules that the offering to be contributed by the Indians for each of the three religious festivities of the patron of each village, Corpus Christi, and Holy Thursday, be one real for each whole tribute, and one-half real for each single man or woman, this alms being fixed at the request of the procurators-general of the four friar orders and the Society of Jesus. This offering is to be collected in a humane manner, and the gobernadorcillos and cabezas de barangay are not to exact a greater sum under pretense that it is for the church. These two acts Zabalburu orders to be included in the ordinances given to each alcalde-mayor on the assumption of his office. He also orders the observance of an act enacted by himself March 13, 1704, ordering that eight bagontaos be assigned in each village weekly for the service of divine worship, the church, and the ministry of the sacramental mass; and for the service of the priests when it becomes necessary to leave the village to administer the sacraments. In villages of less than three hundred tributes, there shall be only the eight bagontaos, under penalty of punishment to the gobernadorcillos who shall allow more. This ordinance is to be proclaimed in all the villages by the alcaldes-mayor on the festival days.]

42. [In accordance with the request of Archbishop Camacho that curas and missionaries be ordered not to exact larger fees than those allowed by the royal tariffs, and that the alcaldes-mayor enforce this, an order to that effect is issued to the latter. Violations by curas and missionaries are to be reported to the superior government, and alcaldes-mayor are to get careful reports on this head from the native gobernadorcillos and their officials. Any omission in this shall become a charge in the residencia, and the alcalde-mayor shall be obliged to make good the excess fees from his own property, and pay a fine four times as large as the excess. This was ordered to be included in the ordinances, March 8, 1708.]

43. [This ordinance has to do with the government monopoly on playing-cards. On December 2, 1707, the governor orders that the department of that monopoly be taken from the control of the royal officials of the treasury and given into the charge of a special judge. Various ordinances enacted by Doctor Don Juan de Gárate y Francia are to be carefully observed. Alcaldes-mayor shall have the direction of this department in their respective jurisdictions, and in accordance therewith this ordinance is to be included among those given to them on assuming office. The special judge may appoint whom he pleases in the department, at salaries approved by the fiscal. Lastly all the packs of cards in the island are to be collected, and those bringing them are to be paid the price for which they are to be bought; and this as well as all other matters shall be done as the special judge deems best.]

44. [In consequence of two royal decrees (both of which are inserted), one dated September 30, 1714, and the other June 15, 1720, which forbid under severe penalties the manufacture and sale of brandy (made from sugarcane) in Perú and Nueva España, because of the many evils arising therefrom, Governor Toribio Joseph Miguel de Cosio y Campo orders the said decrees to be translated into the native languages of the Philippines, and proclaimed by order of the alcaldes-mayor and corregidors in their respective jurisdictions, and the strict enforcement of the same. If an Indian manufacture and sell brandy, for the first offense he shall be arrested, given two hundred lashes, and thrown into the galleys for six years; for the second offense, this shall be doubled; and for the third, tripled, besides exile from the province. The same punishment shall be meted out to the makers of instruments for the manufacture of brandy, if they are Indians. This law is made a part of the ordinances which are to be given to alcaldes-mayor, who are enjoined under severe penalties to break up this nefarious traffic.]

45. [The same governor, on May 16, 1724, in view of a report of the alcalde-mayor of Bulacan, of January 5, 1724, the writ of the fiscal, of January 20, and the vote of the royal Audiencia, forbids the alcaldes-mayor and others to exact fees from the natives for appointments, under penalty of a fine of 500 pesos and a sum four times as great as the fee exacted. All other fees are to be regulated according to law xxv, título viii, book v, of the Recopilación, and the government secretary is ordered to send a list of all fees that can be taken to all the provinces, which is to be strictly observed. All exaction of unjust fees by the royal accountancy is to cease. Copies of this ordinance are to be sent to all the alcaldes-mayor, in order that they may be affixed in the public place so that all may know of it.]

46. [On December 10, 1725, the same governor, in view of the report of the Recollect provincial, of September 20, 1723, and the deductions of the fiscal, October 7 and November 6, 1723, and January 14 and November 23, 1724, orders that all bandalas or purchases [117] of wax, rice, and other products, be distributed among the natives according to the several ability of each one, and with regard to the fact of whether they have been able to reap a harvest, or to care for their crops after planting them (see ordinance 20, which is expressed in almost the same terms). The injuries done to the natives by the bandalas and purchases must cease. Copies of this ordinance are to be sent to all the villages and proclaimed in the native languages, in order that all the natives may be informed of it. It is also to be noted in the books of the royal accountancy, so that all purchases may be made according to the terms expressed therein, and that all exactions may cease.]

47. [The governor, after examining the report of Fray Benito de San Pablo, Recollect, formerly of the district of Romblon in the province of Panay, in regard to the exactions of the alcaldes-mayor from the natives, and the remarks of the fiscal, orders the alcaldes-mayor to collect from the Indians tribute only in the products which they possess; and but two gantas of rice, in place of the three which they have usually and unlawfully collected. This shall be made a matter in the residencia, and violations will be punished with fines and penalties.]

48. [Governor Valdés Tamon under date of July 28, 1730, orders instructions sent to the alcalde-mayor of Laguna de Bay and to all other alcaldes-mayor, commanding them to pay for the services of the natives according to the tariff (see ordinance 21), except in cases of the administration of justice and matters of the common welfare.]

49. [An ordinance of the same governor, August 9, 1730, orders the late alcalde-mayor of Ilocos to present himself in Manila within a month after being notified thereof, in order that he may hand in his accounts. He is to do this under penalty of a fine of 1,000 pesos. This ordinance arises from the report of the judge of the residencia that said alcalde-mayor, Captain Bernaldo Roldan, is building a large dwelling house in the capital city of the province, whence will ensue injury to the royal treasury from the detention of his accounts.]

50. [In order to remedy the neglect, inexperience, and laziness of alcaldes-mayor, castellans, and other officials of villages, forts, and presidios throughout the Philippines, the governor, Francisco José de Obando y Solis, on August 13, 1751, enacts that all such officials must perform their full duty promptly. Annual reports must be sent to Manila regarding the condition of villages, forts, and presidios, discipline, etc. The original reviews, which are to be made monthly, are also to be sent. All priests are urged to send separate reports concerning the same matters. Thus will the demoralized condition of the Spanish forts and presidios--where the soldiers are totally undisciplined, and hence unprepared for any sudden call--and the injuries to the royal treasury, be remedied.]

51. [The same governor, on October 25, 1751, orders that cabezas de barangay cannot, while serving in that capacity, be proposed or nominated as gobernadorcillos or other officials of justice, for from this practice has arisen considerable harm to the royal treasury, because the collection of the tribute is in charge of the gobernadorcillos and officers of justice, and one man cannot well perform two distinct duties. Ordinance 27, governing the election of gobernadorcillos and officers of justice, must be understood with these limitations and restrictions. Alcaldes-mayor and priests are ordered and urged to watch carefully over this matter in order that all frauds against the royal treasury may cease.]

52. [The same governor, in view of the many things that demand immediate remedy, notwithstanding the many government ordinances that have been enacted by his predecessors (because new laws always give rise to new conditions and other abuses), orders governors, corregidors, alcaldes-mayor, and other officers of justice immediately to "issue, and cause to be issued, the most suitable measures, so that in the villages of their districts schools be erected, established, and founded, now and henceforth, where the sons of the natives and other inhabitants of their districts may be educated and taught (in primary letters, in the Castilian or Spanish language). They shall see to it and watch so that the people study, learn, and are taught in this language, and not in that of the country or any other. They shall procure its greatest increase, extension, and knowledge, without consenting to, or permitting any person, of any rank or quality, to violate or disobey this resolution, or schools of any other language to be erected or established, under penalty of five hundred pesos, applied at the discretion of this superior government. But as soon as it is ascertained or learned that any ecclesiastical or secular person is attempting or trying to violate this resolution, his purpose shall be prevented, hindered, and disturbed; and a report of the one disquieting and disturbing, if an ecclesiastic, shall be made, in order that he may be ordered to conclude and not continue [his purpose]; and if a layman, he shall be arrested, and a cause shall be formulated briefly and summarily, his property confiscated, and he shall be sent a prisoner, together with his property, so that the most severe and commensurate penalties may be applied." Ordinance 29, forbidding Spaniards to live in the villages of the natives, is annulled, in order that this may have better effect; but the alcaldes-mayor and other officials must look after and correct their behavior. Such schools are to be established at the cost of the various villages, being paid out of the communal funds established for schools taught in the native language. These latter shall cease in proportion as Spanish schools are established. Future offices conferred on the natives shall be given to those with the best knowledge of Spanish. This ordinance was issued October 19, 1752, as were also ordinances 53-60, which detail the report to be made to the superior government.]

53. [This ordinance commands governors, corregidors, and alcaldes-mayor, now and henceforth, to report to the superior government within a year after taking office, concerning the products and manufactures of their provinces.]

54. [Also the report shall include "the condition of the province; its fortresses, weapons, and defenses; the number of troops in garrison, and their condition; the amount of artillery mounted; the amounts of war supplies, arms, ammunition, and other utensils;" in whose charge they are, and how they are looked after. Separate reports shall be sent from those in charge of the above. Also the best methods for correcting abuses shall be discussed.]

55. [The report shall also give details regarding pay and aid of officers and soldiers, the manner of paying them, their behavior in reviews, how often the latter are held, and by whom.]

56. What bodies of militia exist in the villages and hostile frontiers, and whether they are kept in readiness; with what powers and under what rules they have been created; and whether they must be maintained permanently or only on occasion.

57. [Whether pay is determined on the total number that ought to be enrolled, or whether the proper discounts are made for death and desertion.]

58. [The annual report shall include the census of each village, visita, or mission, the data for which can he secured from the parish priests and missionaries. Also a note must be made of all innovations that occur, and that are worthy of superior notice.]

59. What convents, colleges, and houses of shelter, for education and teaching, exist in each village; their size, construction, and building fund; with the number of religious, and those educated or being educated therein, and in the doctrinas and missions which they own.

60. [The report shall also contain the location of villages and their accommodations, the inclinations of their inhabitants, and whether any intelligent persons are found in them. A map of the province shall accompany the report for the greater intelligence of the superior government, and its use in dictating laws. This resolution (ordinances 53-60) carries with it a penalty of 500 pesos in case of violation, and others at the governor's discretion. In the future, officials shall not leave their residences until they have received the approval of the government for the strict fulfilment of their duties.]

61. [A royal decree, dated Madrid, April 5, 1765, in view of the controversy that arose [in 1764] between Governor Alfonso Hernandez de Heredia and the Audiencia in regard to the opening of the despatches, orders, and instructions belonging to Joaquin de Aguirre, who died in America before he could take his post as governor of Guatemala, to which he had been appointed; and in order that a fixed rule might be laid down: orders that whenever any appointee dies in any American village before he can assume a post to which he has been appointed, the corregidor, alcalde-mayor, or other justices, collect his papers, despatches, orders, etc., and with the notary make an inventory of them, but without examining them, and send the same sealed to the Audiencia of the district (or the governor of the district, if there is no Audiencia), with the first word of each document, its date, and signature, so that the proper measures may be taken, and the judges of the property of deceased persons shall have no authority to meddle in this. This decree is to be communicated to all the justices of the royal provinces, in order that they may so act. Account is taken of this decree in the Manila Audiencia, June 22, 1766. The fiscal, after examining the decree, June 28, 1766, advises that it be observed, and instructions be sent to the judges of the property of deceased persons and to alcaldes-mayor. At a meeting of the Audiencia, July 3, 1766, the advice of the fiscal is acted on fully.]

THE SO-CALLED ORDINANCES OF RAON

Royal ordinances formulated by the superior government and royal assembly of these islands, February 26, 1768, for the proper direction of the governors, corregidors, and alcaldes-mayor of their provinces, relief of the natives, and observance of the laws; ordered to be observed and complied with, by royal act of the same date. Ordered to be printed and distributed by his Excellency Don Rafael María de Aguilar, governor-president and captain-general of the islands by the authoritative decree with which they begin. [118]

[Under date of Manila, September 11, 1801, Governor Aguilar orders the printing of one hundred copies of the ordinances formulated February 26, 1768, and the distribution thereof to the alcaldes-mayor, corregidors, and governors of the provinces. [119] By royal decree of January 17, 1797, an order was given for the revision, correction, and modification of those ordinances; but it has not been done, and only one copy of them is known to exist, and that is not attested. The ordinances are to be registered in the proper places. Copies are to be sent to the bishops and provincials of the orders, so that they may urge the obedience of the ordinances. Each alcalde-mayor is to pay the cost of the printing of the copy sent him. This decree is to precede the printed ordinances. [120]]

[Raón revises the ordinances of Governor Pedro Manuel de Arandía, [121] in consequence of royal decrees of December 4 and 23, 1760, ordering ordinances for the direction of the alcaldes-mayor. The ordinances follow, mainly in synopsis.]

1. [Alcaldes-mayor and other justices are to receive their titles in the usual form, after giving bonds and taking the necessary oath to perform their duties lawfully, to administer justice without self-interest, and impartially, not to take excessive fees or accept bribes, to observe these ordinances and those of the Recopilación, and to promote the welfare of the provinces.]

2. [Since the conduct of the superiors furnishes an example to inferiors, alcaldes-mayor and other judicial officers must furnish a good example to the natives, by carefully observing the laws and rites of religion, and by showing the due respect and veneration to all ecclesiastics. Those of evil disposition shall be rigorously punished in accordance with their offenses.]

3. [Under no consideration shall the Indians be ill-treated by the judicial officials or anyone else, and the laws of título x, book vi, of the Recopilación shall be strictly observed. If the alcaldes-mayor are unable to prevent ill-treatment of the Indians, they shall report the same to the superior government, according to law lxxxiii, título xv, book ii, and law iii, título x, book vi; or to the fiscal of the Audiencia, according to law vi, título xviii, book ii.]

4. [The alcaldes, encomenderos, or any other person, shall not collect gold or money, or accept a loan, or present, from the Indians, or collect more than the just amount from them (law xiv, título xxix,