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.]