Ordinances Enacted by the Audiencia of Manila

_An act decreeing that the Sangleys who are arrested shall pay their

creditors within six days, or have their services sold for debt_.

In the city of Manila, on the thirteenth of June, one thousand five

hundred and ninety-eight, the members of this court, the president and

auditors of the royal Audiencia and Chancillería of the Philipinas

Islands, while inspecting the prison, declared that, whereas, both

in the royal prison of this court and in that of the jurisdiction of

the alcaicería [Chinese market] many Sangley prisoners are arrested

for debts of long standing, who, by not having the means to pay,

or for their own purposes, being thus assured of their sustenance,

allow themselves to remain in the said prisons, without making any

payment: therefore, since it is advisable to remedy this evil, on

account of the great expense incurred by the Confraternity of La

Sancta Misericordia for the sustenance of the aforesaid prisoners,

and in order that the creditors may be paid, they ordered, and they

did so order, that the said Sangleys imprisoned for debts past due

be notified that they must pay their creditors within six days,

being warned that, if they do not, their services will be sold to

anyone who will give enough to satisfy and pay the creditors, and

to the amount of their debt; but if they cannot be sold, or if the

creditors wish to take them to the amount of the debt, they shall be

delivered to the latter in chains, in order to serve out the amount

of the debt. If the said creditors refuse to receive the prisoners,

they shall be notified to give them food in the said prisons at their

own expense; and, on failure to do so, the prisoners will be set at

liberty. Thus they voted, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that notaries, whether public or royal, shall be

present at the review of charges against prisoners._

In the city of Manila, on the thirteenth of June, one thousand five

hundred and ninety-eight, the president and auditors of the royal

Audiencia of the Philipinas Islands, while making a general review

of the charges against prisoners in the royal prison of this court,

ordered, and they did so order, in consideration of the fact that the

notaries, both public and royal, were not present at the said review

with the records of the suits against the prisoners, for which reason

the review was hindered, that the notaries should all be notified,

collectively and singly, to be present at such review of charges, with

the suits that they shall have, in order to report upon them--under

penalty of a fine of four pesos for the first offense, to be given

to the poor of the said prison. For the second offense they shall be

rigorously punished. Thus they voted, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the prison warden shall maintain a stricter

watch over the prisoners_.

In the city of Manila, on the twentieth of June, one thousand five

hundred and ninety-eight, the president and auditors of the royal

Audiencia of the Philipinas Islands, on the occasion of a review

of charges against prisoners, declared that, whereas it has come to

their knowledge that many of the prisoners in the said prison leave it

to eat and sleep, and go to their houses and about their business,

and that those who are ordered to imprison them fail to do so,

so that from the aforesaid there has been, and is, a great deal of

disorder, and that the warden thereof does not fulfil and observe his

obligations: therefore, as it is advisable to remedy the aforesaid

evil, they ordered, and they did so order, that Baltasar Martin,

warden of the said prison, be notified that, now and henceforth,

he shall under no consideration permit any prisoner in his charge,

during the time of his imprisonment, to leave the said prison for

eating, sleeping, or any other matter outside of it. Prisoners who

are ordered to be imprisoned shall not be released except by order and

command of the judges by whose orders they are arrested. The aforesaid

warden shall observe the obligations of his office, being warned that,

if he shall act contrary thereto, he will be proceeded against with

the full rigor of the law; in addition to which, the penalties for

not exercising his said office in accordance with his bond and pledge

shall be executed against him. Thus they voted, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that there shall be no hucksters_.

In the city of Manila, on the twenty-fifth of June, one thousand

five hundred and ninety-eight, the president and auditors assembled

in this royal Audiencia and Chancillería declared that, whereas

in this said city of Manila all sorts of provisions have become

very dear, on account of the disorder that has existed, and does

exist, through having allowed many Sangleys and native Indians to

go through this city and five leagues round about it, trading and

bartering the said provisions--as, for instance, rice, wine, fowls,

swine, cows, buffalo, game, eggs, geese, kids, cocoanuts, bananas,

pullets, capons, fish, olive-oil, vinegar, and other provisions that

are gathered and raised within the five leagues, or are bought from

outside from the other provinces, islands, villages, and hamlets--and

act as hucksters and retailers of these provisions: therefore,

as it is advisable to provide the necessary remedy in this matter,

in order that the said disorder be avoided, they ordered, and they

did so order, that no person--Spaniard, Sangley, native, or of any

other nation, quality, and rank whatever--shall trade or barter,

now and henceforth, in the said provisions, or in any of them, in

this said city or within the five leagues of its jurisdiction. No

huckster shall buy or retail for his own trade or profit any of the

above things, under any condition, under penalty of confiscation of

everything thus found in his possession which he has bought or traded

for--half to be applied to his Majesty's treasury, and the other half

to go to the informer or constable who exposes him, or to the judge

who gives sentence. Besides this, any person who shall be discovered

not to have fulfilled this obligation shall, if he be a Spaniard,

for the first offense be imprisoned twenty days in the common jail;

and for the second he shall be banished for six months from this

city and the five-league circuit of this court, to a prescribed

residence. If he be a Sangley or an Indian, he shall for the first

offense be given one hundred lashes; and for the second shall serve in

his Majesty's galleys, or at the forge, or in the powder-house, for a

period of two years without pay. Those who obtain the said provisions

by cultivation and labor within a circuit of five leagues, or who bring

them from outside this city to sell them therein, may sell and bring

them freely, so that it be not to the said hucksters or retailers; and

provided that they bring them first to the public square of this city,

or up the river in their vessels, in order that the inhabitants and

dwellers in this city may be provided with whatever they may need,

for the time and space of two natural days. These being passed,

whatever they cannot sell they may carry away, and sell in the other

towns within the said five leagues. Likewise, they ordered that no

person shall go by way of the sea or the river or by highways whence

come the said provisions, to take or buy them from those who should

be bringing them, before the arrival of the latter with them in this

city, within the five leagues, under penalty of one hundred lashes;

and that the alcaldes-in-ordinary, the regidors, and other officials

of this city, and the alcaldes-mayor of Tondo and Bulacan and their

assistants, shall take especial care for the execution and enforcement

of this act in their districts, being warned that they will be punished

at their residencias, and will be charged therewith; and warning will

be given to those who take their residencias that their punishment

be executed. Thus they voted, ordered, and decreed over their names,

and that this act be proclaimed in this city and the suburb of Tondo.

_Doctor Antonio de Morga_

The licentiate _Tellez Almaçan_

The licentiate _Albaro Çambrano_

The Philippine Islands, 1493-1898 — Volume 10 of 55 1597-1599 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 · 第 43 / 55 题