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

book i, of the Recopilación.

Chapter 81,808 wordsPublic domain

68. [Alcaldes-mayor, corregidors, and other officials are allowed (by a royal decree of July 17, 1751) to trade in their provinces by reason of a payment made to the government, and mistakenly called an excise tax. They shall not, on account of that privilege, injure the trade of the Spaniards and Indians of their jurisdiction, but shall allow them to trade freely, without exacting from them any payment under pretense that it is an excise tax. Nor shall they be allowed to buy at rates lower than the others. Violation of this ordinance, which is to be proclaimed annually in the villages, and to be a charge in the residencia, incurs the penalties of deprivation of office, a fine of 500 pesos, and other penalties that may be imposed.]

69. [Similar to old ordinance 18 (q.v., ante, p. 203). The penalties assigned are restoration of what has been weighed or measured by unjust weights and measures, and a fine of 500 pesos to the alcalde-mayor allowing the use of such weights and measures, and the payment of the amount lost, with four times as much to the treasury.]

70. [Interprovincial trade of the various products shall not be prohibited, as such prohibition is in violation of law viii, título xviii, book iv and law xxv, título i, book vi, in accordance with which laws trade is to be encouraged. The Indians may cut timber in accordance with law xiv, título xvii, book iv. The desire for gain, however, shall not be allowed to cause the Indians to send out of any province the products necessary for its conservation. This may be prohibited with the consent of the father minister, from whom the alcalde-mayor shall ask a certification for his own protection. Without that certification, he shall not make such prohibition, under penalty of the penalties of the preceding ordinance. The natives shall pay no fees for the privilege of interprovincial trade; and, if any alcalde-mayor violates this, he shall incur a fine of 100 pesos, besides the responsibility of making good all the loss occasioned by his action. This shall also be a charge in the residencia.]

71. [This ordinance relates to the encouragement of the increase of the produce of each province, for which all alcaldes-mayor and other officials must work, under penalty of punishment for neglect and disobedience. The products best suited for each province are to be especially encouraged, whether of useful trees, wheat, and other grains, vegetables, cotton, pepper, etc., or domestic cattle. Each Indian shall have at least twelve hens and one cock, and one sow for breeding purposes. Factories for the making of textiles and rigging shall be encouraged and increased. Alcaldes-mayor shall strive especially to wipe out the vice of laziness--which is the chief vice among the Indians, and the origin of all their other vices--by mild means, but if necessary by harsh ones, as this is so important for the general good, in accordance with law xxi, título i, book vi. Those who do not, within two years, work in their fields and gardens and cultivate their lands shall lose them. Especial care shall be taken of this during the visit, and annual reports shall be made by the alcaldes-mayor, who shall be careful to state increase.]

72. [Similar to old ordinance 32 (q.v., ante, p. 211).]

73. [Since the laziness of the Indians is so prejudicial and the origin of many vices, especially incontinence and theft; and since it is against law xxi, título i, book vi of the Recopilación, to permit laziness among them: it is ordered that all Indians engage in some work, either the cultivation of land or the rearing of cattle, as outlined in ordinance 71. Gobernadorcillos shall be ordered to watch carefully to see that this ordinance is obeyed, and alcaldes-mayor shall verify their statements at the time of the visit. Lazy Indians shall be forced to labor at the public and royal works of the province for so long a time as the alcalde-mayor shall determine. Lands of the villages allowed to lie uncultivated for one year shall be taken from their owners, and given to other Indians who are more industrious, in accordance with law xi, título xii, book iv.]

74. [Alcaldes-mayor shall prefer for all honorable posts, such as that of gobernadorcillo, those Indians who are most industrious in the cultivation of their lands, the planting of trees, and manufactures, reporting the same to the superior government.]

75. [In view of the many infractions of old ordinance 37 (q.v., ante, pp. 213-215), that ordinance is repeated with strict orders of observance, under penalty of loss of office, a fine of 500 pesos, and charge in the residencia.]

76. [This ordinance cites old ordinance 16 (q.v., ante, pp. 199-203), but adds that the new order of the royal decree of April 17, 1766 must be observed. This decree orders that all the Catholic Sangleys who committed excesses during the time when the English occupied Manila shall be expelled from the Philippines, only true Christians being allowed to remain, according to law viii, título xviii, book vi of the Recopilación. These Sangleys are to be assigned to the respective territories and villages which are deemed best. They shall not be allowed to carry weapons of any sort, and shall be employed only in agriculture and the trades. They shall not be allowed to leave their respective villages except by permission of the justice, governor, or alcalde-mayor to whom they are subject, under penalty of perpetual exile from his Majesty's domains.]

77. [Old ordinances 20 and 21 (q.v., ante, pp. 204-206), which are in accordance with law xxii, título iii, book vi, of the Recopilación are repealed by ordinance 52 of the present ordinances; and Spaniards are permitted to live among the Indians (as seems in harmony with law xviii, título xv, book i), the alcaldes being ordered to see that they live as good Christians. Since experience demonstrates that the residence of Spaniards in the provinces is advantageous for the instruction of the Indians in the Spanish language, for the cultivation of their products, and for the encouragement of their trade (in accordance with law xxiv, título i, book vi), the alcaldes-mayor are ordered to aid the Spaniards resident in their provinces as much as possible, and to forbid residence therein only of those who are vicious and mischievous.]

78. [Similar to old ordinance 28 (q.v., ante, p. 209).]

79. [This ordinance prescribes the method of holding the elections for gobernadorcillos (see old ordinance 27, ante, pp. 208, 209). Elections shall be held at the beginning of each year, in the royal buildings, and nowhere else. If held elsewhere, they shall be considered null and void, according to Arandía's ordinance no. 11; and the alcalde or justice violating this order shall be fined, and the notary making the records shall lose his office. The voters in the elections shall be the twelve senior cabezas de barangay. If any of these are absent, by reason of sickness or other cause, the number shall be completed from the other cabezas de barangay, observing strict seniority always. If there are not enough cabezas de barangay, the number of twelve voters shall be completed from the senior notables of the village. With these the retiring gobernadorcillo shall vote, and they shall nominate three trustworthy persons for the post of gobernadorcillo, reporting the number of votes received by each. These nominees must be able to read, write, and speak Spanish. The ballot shall be secret, and be attested by the notary. The alcalde-mayor or the justice shall preside at the election, and the father minister may be present "if he please, in order to represent what he considers advisable, and for no other end." The results of the election shall be sent, stamped and sealed, to the secretary of the superior government, and the appointment of gobernadorcillo shall be made from Manila, and the proper title despatched, while the other officials necessary shall be appointed as heretofore. This applies to the provinces of Tondo, Laguna, Cavite, Balayan, Mariveles, Bataan, Pampanga, and Bulacan. In other provinces distant from Manila, elections shall be held in the same manner, and appointments made by the alcaldes-mayor or justices, who shall be furnished with blank titles, which they shall fill out. No man shall assume office without the proper credentials. Names of all appointees shall be sent to the superior government and entered in the proper books, as well as the fees of the credentials and stamped paper. The fees of media-anata shall be collected from all gobernadorcillos and other officials, the amount of such fees being entered in the royal treasury annually. The royal officials, on their part, shall see that all fees are paid, and shall ascertain from the alcaldes and justices the number of gobernadorcillos in the various jurisdictions, so that they may check up the records properly.]

80. [Retiring gobernadorcillos shall hold office until all fees have been met by the newly-elected gobernadorcillos.]

81. [Cabezas de barangay may be elected to the post of gobernadorcillo without ceasing to act in the former capacity, according to Arandía's ordinance, no. 21.]

82. [Those becoming cabezas de barangay by inheritance shall obtain their credentials from the superior government, asking for the same with the accompanying report of the alcaldes, or the persons by whom they shall have been proposed. The district of each cabeza de barangay shall contain not less than forty-five or fifty tributes.]

83. [Since the houses of the Indians are so scattered, and there is so great lack of zeal in reducing them "under the bells," as is ordered by the laws and by many royal decrees, many spiritual and temporal wrongs are caused the Indians. For they do not attend church, and it is impossible often to attend the sick and give them the sacraments, so that many of them die without the consolation of religion. It is impossible to learn the sins committed, or the exact number of those who should pay tribute. Under penalty of being punished as enemies to the state, alcaldes-mayor are ordered to reduce the natives into villages. They shall not allow any house to be more than one-half league from a church; and, on the other hand, shall not allow them to be built so close together that there is danger of fire. Reports of what has been done in this shall be sent to the superior government annually, under penalty of a fine of 100 pesos. The ecclesiastical superiors are requested (in accordance with laws ii and iii, título iii, book vi of the Recopilación), to order their subjects to lend all the aid possible in the reduction. Any opposition offered shall be considered just cause for the ends proposed in law xiii, título xv,