Philipinas Islands. Only those that appear to be the worst are mentioned.
1st. As to the first, it has been seen by experience that, since the arrival of the royal Audiencia, many more suits occur than before. The jails are full of prisoners; that of Manila contains usually more than one hundred prisoners. Some of them are there for a considerable time, even for many years, because the auditors do not attend to their duty. A Sangley infidel of those imprisoned during the war was seven full years in prison. After that, for want of galley criminals, he was placed in the galleys, while his case was being investigated. He was one of those who afterward mutinied in the galley, and killed the captain, after which he and his companions went to China. There is at present an Indian woman of La Panpanga imprisoned in the Manila prison. She was incarcerated there when a girl, for she was said to have been accomplice in a murder. She has grown up in the prison, and is now a woman in years; and her case is still to be investigated. In conclusion, it is an open fact that those imprisoned at the order of the governor or alcaldes are generally let out of prison quickly, and their affairs are soon concluded. But those imprisoned by the royal Audiencia either have no hope of leaving, or else they leave the prison only after a long period.
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1
The earliest compilation of laws regarding the Spanish colonies of Nueva España was made, by royal command, by Vasco de Puga (an auditor of the Audiencia of Mexico), and printed in 1563. Francisco de Toledo, viceroy of Peru from 1569 to 1581, prepared a code of ordinances for that country (see Markham’s Hist. Peru, pp. 149, 156–159, 538). In 1570, Felipe II ordered that a revised compilation of the laws and ordinances for the government of all the Indias be made. After many efforts and delays, this was accomplished in 1628, but the work was not printed until 1681. It is the fifth edition (i.e., reprint) of this compilation from which we obtain the laws presented in this document; it was printed in Madri
1
The earliest compilation of laws regarding the Spanish colonies of Nueva España was made, by royal command, by Vasco de Puga (an auditor of the Audiencia of Mexico), and printed in 1563. Francisco de Toledo, viceroy of Peru from 1569 to 1581, prepared a code of ordinances for that country (see Markham’s Hist. Peru, pp. 149, 156–159, 538). In 1570, Felipe II ordered that a revised compilation of the laws and ordinances for the government of all the Indias be made. After many efforts and delays, this was accomplished in 1628, but the work was not printed until 1681. It is the fifth edition (i.e., reprint) of this compilation from which we obtain the laws presented in this document; it was printed in Madrid in 1841.
2
See Vol. VIII, p. 253.
3
“The present state of affairs in that which relates to this titulo is that set forth by the decree of March 10, 1785, establishing the Company of Filipinas. In regard to this law and those following in this titulo, the reader should remember that a royal order of July 20, 1793, permitted the Company of Filipinas to trade directly between those islands and the ports of South America in one or two voyages, to the amount of five hundred thousand pesos apiece, on condition of paying the foreign duty and the 9½ per cent on the silver taken back. This permit, which was limited during the war with France, was, by a new royal order of September 24, 1796, made general for all succeeding wars, if carried on with maritime powers.” The above note is translated from the Recopilación, where it follows law 1. Space permitting, the decree of March 10, 1785, mentioned above, will be given in this series.
4
This law and all those treating of the prohibition of commerce between Perú and Méjico, Tierra-Firme, etc., were completely superseded by a royal decree dated El Pardo, January 20, 1774. That decree was ordered to be kept and observed by the superior government of Lima, August 1, of the same year; and separate copies were ordered to be drawn, so that all might know that his Majesty had repealed and revoked the general prohibition of reciprocal commerce by the South Sea between the four kingdoms of Perú, Nueva España, Nueva Reíno de Granada, and Guatemala.” We transfer this note from law ix, of this título of the Recopilación, an editorial note to law lxviii referring to law ix.
5
Such a citation as this shows the hand of the editors or compilers of the Recopilación. Law lxvii bears as its earlier date March 3, 1617, and refers to the sending of contraband Chinese goods to the House of Trade of the Indias in Sevilla.
6
The governors of the Filipinas grant permission to those who go to those islands under condemnation of crime to return. Inasmuch as on that account many convicts hide away from the judges who exiled them, we order the governors, under no circumstances, to permit them to return to Nueva España or to go to Perú during the period of their exile. And should they be condemned to the galleys or to other services, they shall fulfil the condemnation,—[Felipe III—Aranjuez, April 29, 1605. Felipe IV—Madrid, January 27, 1631. In Recopilación de leyes, lib. vii, tit. viii, ley xxi.]
7
The Recopilación is not clear as to the date of this law and the one immediately following. Law lix bears both dates (as also does law lx), and is designated as clause 11. Laws lxix and lxx bear no date (probably through error of the compiler or printer), but are designated as clauses 16 and 17, and clause 18, of a decree by Felipe III. Hence the above dates with queries have been assigned to these laws.
8
Luis Geronimo de Cabrera, fourth Conde de Chinchon, became viceroy of Peru in 1628, holding that office until 1639. During his term there was made known the efficacy of a medicine—previously in use among the Indians—the so-called “Jesuit’s bark,” or “Peruvian bark,” obtained from a tree found only in Peru and adjoining countries, named Chinchona by Linnæus, in honor of the viceroy’s wife (who, having been cured by this medicine, introduced its use into Spain). From this bark is obtained the drug known at quinine.
9
Whenever any ships sail from the port of Acapulco and other ports of Nueva España to make the voyage to Perú on the opportunities permitted, it is our will and we order our officials of those ports to visit and inspect those ships with complete faithfulness and the advisable rigor. They shall endeavor to ascertain whether such ships are carrying any Chinese silks or merchandise, or any from the Filipinas Islands. They shall seize such, and declare those found as smuggled goods. They shall divide them, and apply them as is contained in the laws of this titulo. [Felipe IV—Madrid, April 9, 1641. In Recopilación de leyes, lib. viii, tit. xvii, ley xv.]
10
See note to law lxviii, p. 33.
11
See Vol. XIV, note 12, p. 99.
12
Latin, Bacchanalia. In Latin countries, the three days before Ash Wednesday are given up to boisterous outdoor merriment, which frequently degenerates into coarse and licentious revelry. Hence, the expression “Bacchanalia” Carnival. In order to counteract these abuses, the Jesuits at Macerata
Philipinas Islands. Only those that appear to be the worst are mentioned.
