The Philippine Islands, 1493–1898/Volume 8/Two royal decrees
TWO ROYAL DECREES
LAWSUITS IN THE PHILIPPINE ISLANDS
Don Phelipe, etc. When I ordered the suppression of my royal audiencia and chancilleria resident in the city of Manila of the Filipinas Islands, and established there a governor and lieutenant-governor (the latter of whom is a lawyer), to take care of matters of justice, one of my decrees was ordered to be promulgated, in which was declared the order to be followed in the hearing of suits and causes that might arise in the said islands. This is of the following tenor:
"Don Phelipe, by the grace of God, king of Castilla [his other titles follow]. Inasmuch as, for certain reasons advantageous to my service, I have resolved to order the suppression of my royal audiencia, at present established in the Philipinas Islands, and have appointed as my governor and captain-general of them Gomez Perez Dasmarinas, knight of the order of Santiago, and you, the licentiate Pedro de Rojas (at present my auditor in my said royal Audiencia), as his lieutenant-governor and counselor, to determine matters of justice; and inasmuch as, the said Audiencia not having existence, it is advisable that for the peace and tranquillity of the said islands and the citizens and inhabitants thereof, and the good administration of justice therein, you should understand the system that you are to observe and follow in the hearing and determination of the suits, which were moved and were pending in the said Audiencia, or that will be moved hereafter: I declare, desire, and will that in all cases you shall hear, sentence, determine, and execute in the following form and manner. All the suits that were pending in the said Audiencia, and were not concluded on trial, you shall resume in the condition in which they were left, and they shall be prosecuted before you. You shall pass sentence upon them; and if appeal is made by the parties, or either one of them, from your decisions, you shall submit the appeal to the president and auditors of my royal Audencia residing in the city of Mexico, in Nueba España. You shall likewise refer to my said Audiencia of Mexico the suits that may have received sentence on trial in the said Audiencia, if appeal has been made from the sentence, so that the cases may be prosecuted before it, and sentenced in review. And if any suits were sentenced in review in the said Audiencia of the said Philipinas Islands, and the execution of the sentences is demanded, then you are authorized to have them executed, as well as the sentences given on trial in the said Audiencia in suits pending therein, and on which no appeal was made, and if the said sentences on trial were passed in a case where judgment was rendered. Likewise I declare, and it is my will, that you may hear and try the suits regarding Indians which shall be moved in the said islands henceforth, and those which might come before you on appeal from the corregidors that are and were in the said islands. In hearing the said suits regarding Indians, you shall observe the royal decree and edict given at Malinas, and the declarations that were made regarding it. In this and in all the abovementioned cases, as well as in all other suits and causes that the said Gomez Perez Dasmarinas can and ought to try, as being governor and captain-general, and you, the said licentiate Pedro de Roxas, as his counselor and lieutenant-governor, for the determination of the said suits and matters of justice, you shall observe the laws and ordinances of these kingdoms, and the instructions, provisions, and decrees, given by the emperor and king, my sovereign (may he rest in peace), and by me, and those that shall be given. And for authorization to perform and fulfil all that is above mentioned, and any portion and part of it, and all else annexed and pertaining to it, I grant you as complete and sufficient power as is required and as is needed. I order the presidents and auditors of my royal audiencias of the said Nueba España, and all the councils, magistrates, regidors, knights, esquires, officials, and good men of all cities, towns, and hamlets of Nueba España and of the said islands, to keep and observe this my decree in every point, according to the tenor of what is contained and declared therein; and that, for its fulfilment, they give and cause to be given to you the help and assistance that you request and that is necessary. And I order my said presidents and auditors of my said royal Audiencia of Mejico to hear the said suits that shall be sent there, in accordance with the above order; and that they give sentence and conclusion to them in accordance with the law and ordinances of these kingdoms, and with the said ordinances, provisions, and decrees; and none of you shall violate them. Given at San Lorenzo, August twenty-one, one thousand five hundred and eighty-nine.
I the King
I, secretary of the king, our sovereign, had this written by his order.
Joan de Ybarra"
I have been informed recently that, because of the great distance of those islands from the city of Mexico (to whose Audiencia must be sent appeals in the said causes), many, especially the poor, refuse to prosecute their suits; for in some of them the costs amount to more than the principal, besides the annoyance of the delay. This serves as a cause for grief and annoyance, from which the wealthy profit to the injury of most of that community. As I desire the relief of this state of things, I order, with the concurrence of my royal Council of the Indias, for the present that henceforth all suits for the value of one thousand ducados or less be concluded in the courts of the said Philipinas Islands. If appeal be made from the sentences given at the first instance, and substantiated in the second, in conformity with law, the case shall be regarded as closed with the sentence imposed by the said lieutenant-governor in the second instance, and no appeal can be taken from it. In suits and causes for more than one thousand pesos [sic], appeal may be made to my said royal Audiencia of Mexico, in accordance with the tenor of the decree inserted above. In order that this may be public and manifest, I order this my decree to be published in the said city of Manila. Given at Madrid, January seventeen, one thousand five hundred and ninety-three.
I the King
Countersigned by Juan Bazquez, and signed by the council.
[In the margin: "In order that suits and causes of one thousand ducados and less may be concluded in the court of the Philipinas islands; and, if the amount be in excess of the above sum, they may be appealed to the royal Audiencia of Mexico."]
RESTRICTIONS ON COMMERCE
The King: Inasmuch as, whenever we have promulgated ordinances prohibiting trade between the Western Yndias and China, and regulating that of the Philipinas, I have been informed that there has been neglect in the execution thereof; and that, as the merchants and other persons in the Northern Sea who trade in these our kingdoms of Castilla, and in the Yndias, have suffered so many losses during past years, and those engaged in the profits of the Chinese trade have gained so much, the latter has increased greatly, while the commerce of these my said kingdoms has declined, on which account both these kingdoms and my royal income have received great damage: therefore, since it is so important that the commerce of these my said kingdoms and of the Yndias be preserved and increased, and that there be quite usual communication and trade between them, I have, with the concurrence of my royal Council of the Yndias, determined to prohibit by new orders—as by this present I do prohibit, forbid, and order—in the future, in any manner and under any circumstances whatever, any vessel from sailing from the provinces of Peru, Tierra Firme, Guatimala, Nueva España, or any other part of our Western Yndias, to China, for trade or traffic or for any other purpose. Neither can they go to the Philipinas Islands, except those from Nueva España, which are permitted to go by another decree of this same date. We have ordained that, should this be done, such vessel will be regarded as confiscated, with all its money, merchandise, and other cargo. One third part of all of this shall be applied to our exchequer, a second third to him who shall give information thereof, and the other third to the judge who shall pass sentence. And further, we forbid that any merchandise brought to the said Nueva España from the Philipinas Islands be transferred to the said provinces of Piru and Tierra Firme, even when the duties imposed on such merchandise have been paid. For our purpose and will is that nothing from China and the Philipinas Islands be used in the said provinces of Piru and Tierra Firme, except what may be there at present, and for which we allow them four years, to be determined from the date on which this our decree shall be promulgated. For this purpose every person shall register what he has at present before the justice of the city, town, or hamlet, where he lives, or of which he is a citizen. Henceforth whatever of the aforesaid merchandise shall be taken to the above-named provinces, or whatever shall be found in the possession of any person whatsoever, outside of the said register, or after the conclusion of the above time-limit, we order that it be confiscated also, and divided and shared as above stated. But we permit them to bring to these kingdoms, anything of the above-named articles that they may have had hitherto, within the limit of the said four years. I order my viceroys of Piru and Nueva España, my governor and captain-general of the Philipinas, the presidents and auditors of my royal audiencias of the Yndias, and all other magistrates therein, that they observe and fulfil this our decree, strictly, inviolably, and punctually; and that they execute the penalties contained herein without any remission or dispensation whatever, as is thus my will, and as is fitting for my service. They shall promulgate it in all places where this shall be necessary and desirable, so that all may have notice of it, and none may plead ignorance. Given in Madrid, February eleven, one thousand five hundred and ninety-three.[1]
I the King
- ↑ On February 9, 1594, Garcia Hurtado de Mendoça, marques of Cañete, and viceroy of Peru, ordered this decree to be delivered to the royal officials of Ciudad de los Reyes, who in turn ordered it to be promulgated in due form by the herald.