The King. Don Juan Grau y Monfalcon, procurator-general of the
Philipinas Islands, has reported to me that certain citizens of those
islands, to whom were allotted toneladas in the amount [of lading]
permitted, have, for lack of means to ship the goods, sold that
space--which has thus been secured by the merchants of Nueva Espana
and Peru, who for that purpose have their agents in Manila. He states
that this practice is overlooked [by the officials], although, after
the first distribution of the permitted lading space has been made,
and the toneladas allotted, the citizens who through poverty or other
causes are unable or unwilling to lade the goods which belong and
are allotted to them cannot give, sell, or transfer that space to
any other person, unless they again declare the toneladas before the
bureau of allotment. The bureau again shares the space which was thus
declared among such citizens as ask for it, or who can occupy it to
better advantage; and these must pay for it, giving for each tonelada
the amount appraised, according to the season and the circumstances,
by the bureau itself. The proceeds from the said toneladas shall be
given and paid to the owners who had declared them. Thus poor persons
will obtain relief, and the citizens [of the islands] will have the
benefit of the entire amount of trade permitted to them, while those
of Nueva Espana will be excluded from it. [The said procurator]
entreats me to issue a decree in accordance with these facts,
including therein adequate penalties to secure its execution. The
matter having been examined in my royal Council of the Indias, and
the above statements carefully considered, I have approved [the said
procurator's request]. I command my governor and captain-general of
the said Philipinas Islands who now holds or shall in future hold
that office, and the auditors of my royal Audiencia therein, and other
persons who shall have in charge the allotment of the said toneladas,
and the bureau for the said allotment, that they observe and fulfil,
and cause to be observed and fulfilled, exactly and inviolably,
what is ordained in this my decree, without in any way contravening
or exceeding its tenor or form. And those who disobey this decree
are warned that such act will be charged to them in the visitations
and their residencias, and they will be punished according to law;
for such is my will. [Madrid, December 8, 1638.]