book iii, of the Recopilación.
43. [Similar to ordinance 14 of the old ordinances (q.v., ante, p. 199).]
44. [Because of the great losses resulting from loans to the Indians, all loans in excess of five pesos are prohibited. The Indians, through their great carelessness, and indolence, are prone to seek loans, esteeming the present moment only, and being unmindful of the future. In return for the loan, it is customary for the Indian to give his land in pledge, and the creditor enjoys the usufruct thereof until payment of the sum borrowed is made. This is usury and a virtual signing away of the land, for the payment is seldom made, and hence, the land is lost permanently. Such contracts are declared null and void, and those making them shall lose the amount of the loan, and be fined a sum four times as great. It is forbidden to the Indians to sell their land by law xxvii, título i, book vi of the Recopilación.]
45. [It is against law to have Indian slaves, and any so-called by usage shall be set at liberty. The alcaldes-mayor shall send transgressors with the records of their cases to the royal Audiencia.]
46. [This ordinance cites ordinance 41 of the old ordinances (q.v., ante, pp. 217, 218). Since the method there outlined of collecting the three reals for the religious festivities, works prejudice, because the Indians generally believe that the holy sacrament of penitence is to be bought--as, under the system of collection by the priests, confession is often denied until payment is made--it is decreed that collection in the future shall be made by the alcaldes-mayor. The proceeds shall be deposited in a chest with three keys, one to be in possession of the father, another in that of the alcalde-mayor, and the third in that of the gobernadorcillo. It is quite proper that this tax be made, and that the royal treasury be exempt from payment of these church festivals, expenses which are increasing daily. This will result in good to the Indians morally and religiously, and to the royal treasury.]
47. [This ordinance merely reiterates the orders of old ordinance 31 (q.v., ante, pp. 210, 211).]
48. [Inquiry shall be made as to whether any Bilitaos and Casonos are exempt from the tribute, personal services, and other contributions of the Indians; and, if so, they shall be made to render them, and the alcaldes-mayor allowing such shall be punished. To make that investigation, and the investigation of idolatry, maganitos [i.e., idolatrous feasts], and other sins, several Indians of good life shall be secretly appointed by the alcaldes-mayor. With the approval of the curas and missionaries, Indians guilty of sins shall be severely punished.]
49. [Ordinance 43 of the old ordinances (q.v., ante, p. 219), is reënforced. In addition, it is ordered that alcaldes-mayor shall not allow public houses for gambling in their jurisdiction; for the unjust tolerance of games of chance, which are forbidden by the laws, works injury to the Indians, spiritually and materially. This prohibition shall be published by proclamation, with its penalty, namely, fifty lashes to the Indian timaua for the first violation, and a month's imprisonment to the chief, and loss of the sum at play; for the second and third offense, the penalty shall be increased. This shall be made a charge in the residencia of the alcaldes-mayor and ministers of justice. The cooperation of the father ministers in communicating notices to the alcaldes-mayor of those who engage in gaming is asked.]
50. [The terms of old ordinance 40 (q.v., ante, pp. 216, 217), are reiterated briefly, and, if they are not observed in the future by alcaldes-mayor and other ministers of justice (for they have not been observed in the past), each violation will carry with it a fine of 100 pesos, while the violation shall be made a charge in the residencia, and inability to secure other posts in the provinces.]
51. [The orders of old ordinance 44 (q.v., ante, pp. 219, 220) are briefly restated, and the penalties extended specifically to corregidors and justices who fail in the observation of the royal decrees of that ordinance. Proclamations are to be made in the jurisdictions where brandy is manufactured, and after three days, transgressors are to be proceeded against and the penalties for violation of the ordinance to be enforced. Manufacturers, sellers, and owners of the instruments used in the manufacture of brandy shall receive two hundred lashes and be thrust into the galleys for five years; for the second offense, they shall serve ten years; and for the third, another ten, and when that time is up, they shall not leave until they receive the express consent of the superior government. Their goods shall also be confiscated. [123]]
52. [Under no consideration shall more than the two gantas of unhulled rice be collected in Zamboanga, [124] under penalty of paying a fine four times as large.]
53. [The territory of native reductions and villages is declared communal, and at the time of the erection of any village, lands must be apportioned to the Indians, according to law viii, título iii, book vi of the Recopilación. No land-tax or rent is to be paid for such land, it being the royal will (law xliv, título xii, book iv) that the Indians have lands allotted to them for planting and working, as ordered in laws xxi and xxiii, título i, book vi, and law xiv, título xii, book iv. [125] These lands may not be sold without permission, some advantage gained thereby, and the intervention of the royal fiscal, as prescribed in law xxvii, título i, book vi, law xxxvi, título xviii, book ii, and law xvi, título xii, book iv. If claim is made to the lands by any Spaniard or mestizo, or any secular or ecclesiastical community, they shall prove their claims in a short limit of time before the alcaldes-mayor, who shall forward the records to the royal Audiencia for its decision. If their titles are not presented within that limit, the Audiencia shall also judge the legitimacy of the claim. It has always been the royal purpose that lands shall not be sold or apportioned to the injury of the Indians and their reductions; and it is prescribed by laws vii, ix, xvii, and xviii, título xii, book iv, that lands given to the injury of the Indians shall be restored to their owners. Lands belonging to Indians who die without heirs revert by law xxx, título i, book vi, to the king; and it is prohibited by law x, título xii, book iv, that lands allotted to explorers or settlers be sold to ecclesiastical communities or persons, under penalty of being confiscated and allotted to others. This ordinance is to be observed by alcaldes and ministers of justice under severe penalties, and it is to be published by proclamation in the villages, for it is of great importance to the state that all the Indians have the necessary lands. Individual mention is to be made of those villages that do not have such lands and the government will provide them so far as possible, giving the lands to those who possess them with just title. In addition to the lands which the Indians ought to have in their private capacity, each village ought to possess communal lands which are to be cultivated for the common benefit, and the products of which are to be incorporated in the communal fund--from which roads can be repaired, highways and bridges built, the royal buildings repaired, and other necessary works carried on without any burden to the Indians.]
54. [Indians employed on any of the public works shall labor only from the rising to the setting sun, with one and one-half or two hours for rest at midday. The rest of the time they must be made to work diligently. If any pressing necessity requires, however, such as the making of rigging, or other things for the royal service, alcaldes-mayor are empowered to lengthen the hours of labor, making the work as easy as possible for the Indians, and increasing the pay proportionally with the hours. Likewise, if the hours are diminished, the pay shall be proportionally diminished.]
55. [Much trouble is caused by the actions of various officials in regard to the allotment of Indians for the cutting of timber and other royal services, because they accept a money payment of five pesos, three reals from many who are thereby excused from taking part therein--a sum which is kept by the said officials. Besides, they collect from the royal treasury the amount of the rations that the total number of Indians would use. In order to stop this practice, it is commanded that all the Indians allotted to any royal service, or their substitutes, take part in it. This is the only way in which to prevent the frauds practiced by the cabezas de barangay and the foremen of the cutting gangs. Alcaldes, justices, and officials of the villages are to obey this ordinance strictly, under penalty of deprivation of office, a fine four times as great as the amount of the loss occasioned by them, and a further fine of 500 pesos, imposed on the alcaldes. The latter shall get a statement from the father chaplain and the foreman of the cutting gang, of the number of Indians of his province who take part in the cutting, and shall report the same to the superior government]
56. [The Indians are prohibited from wearing gold and silver ornaments on their clothes, unless the gold and silver is wrought by a goldsmith or by a silversmith, under the penalty that the Indian timaua wearing such shall be punished with fifty stripes, and confiscation of the clothes so ornamented; while the chief shall be imprisoned for one month, and his clothes so adorned shall be confiscated. The second offense shall be double this, besides some money fine.]
57. [Similar to old ordinance 10 (q.v., ante, p. 198). Stress is laid on the rivers coming to Manila from the provinces of Laguna, Pampanga, and Bulacan.]
58. [Similar to old ordinance 33 (q.v., ante, p. 211).]
59. [Similar to old ordinance 23 (q.v., ante, p. 206).]
60. [Similar to old ordinance 25 (q.v., ante, p. 207).]
61. [In part the same as old ordinance 26 (q.v., ante, pp. 207, 208). This ordinance provides in addition as follows. Alcaldes-mayor, in whose charge, according to the new rules, the distribution of the bulls of the Crusade have been placed, are to appoint as collectors and treasurers (prescribed by ordinance 11 of the Crusade instructions) either the gobernadorcillo or one of the cabezas de barangay of the respective villages, and not any Indian who pays tribute; for since the former are the most prominent men in the village and the responsibility of the tributes, as collectors and treasurers, devolves on them, this will result in greater profit to the royal treasury. Each appointment made by the alcaldes in violation of this order shall incur a penalty of 100 pesos.]
62. [Similar to old ordinance 7 (q.v., ante, p. 196). This ordinance adds: "And if the alcaldes do not comply with all the contents of this section, and of laws xi, xiii, xv-xvii, xix, xxii-xxiv, xxvi, xxviii, xxix, and xlii, título ii, book v, of the Recopilación de Indias, a charge as infractors of this section will be made against them in their residencia."]
63. [This ordinance contains the prescriptions of old ordinances 53-60 (q.v., ante, pp. 224-226).]
64. [Alcaldes-mayor, within three months after having suffered their residencia, shall go to Manila, and their successors shall compel them to this step, in order that they may present their accounts of the royal revenues. If they stay in the provinces thirty days after the conclusion of their residencia, they and their successors shall be fined 1,000 pesos.]
65. [This ordinance cites old ordinance 36 in full (q.v., ante, p. 213), and prescribes its observance.]
66. [Since but little profit has been obtained from the raids allowed to be made according to old ordinance 35 (q.v., ante, pp. 212, 213), as they are made with Indians who have friendship and trade with those of the mountains, and who, consequently, always give warning of such raids to the latter, while expenses roll up rapidly to no advantage, it is ordered that no raids be made in the future unless by order of the superior government. In case of necessity, the alcalde-mayor shall report to the superior government the necessity for the raid, the number of men necessary, the time it will take, and the expense, his report to be accompanied by a certified statement of the cura or missionary. In case time will not permit the awaiting of special orders from the superior government, the alcalde-mayor may, with the consent of the cura or missionary, make the raid; after which he shall send full reports of the same to Manila, with certifications of the father minister, in order that the expenses may be allowed. Alcaldes-mayor shall mutually aid one another on all raids.]
67. [Alcaldes-mayor or their agents shall not buy houses, lands, or ranches in the territory of their jurisdictions during the time of their office, nor allow their notaries or alguacils to do so, under penalty of 500 pesos' fine. They shall not build nor allow to be built any boat for transportation without the express permission of the superior government; and the work of Indians thereon shall be paid at the rate of the tariff. Such construction shall be made in places having the spiritual and temporal administration, under the above penalty. The alcalde-mayor obtaining government permission, shall inform the gobernadorcillos of the villages of his province of all the conditions, so that the Indians may lodge complaint of all injuries offered them during the construction, and obtain justice therefor. The same rule holds good for all work done for the alcalde-mayor, and payment shall be with the intervention of the father minister. Likewise work done for the latter shall be paid by him in the same manner with the intervention of the alcalde-mayor, and in absence of the latter, with that of the gobernadorcillo of the village, who shall report fully to the alcalde-mayor, so that he may remedy all abuses. This is in accord with law xi, título xiii,