The Philippine Islands, 1493-1898. Volume 21 of 55. Unknown

this seminary they might cause greater injury than the said nations are doing without it. As for the location which was designated for the said seminary, although it was, as has been said, in the unoccupied land outside the walls of this city, it appears to have been selected and set aside in the Plaza de Armas here, close by the village of Laguio, where they have commenced to erect a building and pillars of stone, contrary to what his Majesty directed by his royal decree of the sixth of March of the year one thousand six hundred and eight, which is as follows:

      “The King. In consideration of the fact that a relation has been made to me on behalf of Hernando de los Rios Coronel, procurator-general of the Philipinas Islands, to the effect that when the uprising of the Chinese Sangleys occurred there, there were, about the walls of the city of Manila, many buildings from which the Sangleys did much damage to the walls thereof, until they were destroyed; and to prevent this difficulty for the future, Don Pedro de Acuña, my former governor and captain-general of those islands, commanded that no buildings should be erected within three hundred paces from the wall of the said city, in its entire circuit, and begged me, considering that this was so expedient as he had given me to understand, in order that the said city should be provided with the necessary defense, and protected from the past dangers, that I should be pleased to have this confirmed, or do as might be according to my pleasure. Having examined it in my royal Council of the Yndias, the said order which the said Don Pedro issued has appeared to me to be very effective, as is said. Accordingly it is my will that this be observed and fulfilled, as exactly and punctually as if it were issued by myself; and, in fulfilment thereof, I order that neither now nor at any time shall any building be erected within the said three hundred paces about the said wall of the said city of Manila, since this is expedient for my service and for the security and defense of the said city. Done at Madrid, on the sixth of March of the year one thousand six hundred and eight.

I The KingBy order of the king, our lord: Juan de Civiza”

      All the aforesaid procedure is contrary to this decree. Besides, the district and place where the said seminary building has been commenced are the lots which have been seized and taken away from the owners who possessed them, the houses which they had built upon them being removed or torn down, in order to make the said Plaza de Armas; nor have they thus far been paid for, nor has any satisfaction been given to the owners. Accordingly, if the said lots were not necessary for the purpose for which they were taken, they should be returned to their owners as land and property which pertain and belong to them, and no work or edifice should be erected thereon until they be paid and satisfied. As for the income which is appropriated for the work, its maintenance, and the prosecution of the building for the said seminary, it was contrary to the rules of justice and to the laws of the kingdom, and greatly to the prejudice of this whole commonwealth and the Indian villages in its neighborhood; for the voyage and navigation from this city to the port of Cavite—as it is not a river passage, but a bay and an arm of the sea, which may be crossed with all sorts of vessels, both large and small—cannot be reduced to the status of a private route and profit, on account of the loss which this would cause to so great a number of persons as possess the said vessels, and use them to carry and convey merchandise and other sorts of articles from this city to the said port. And especially it will cause this loss to the native Indians of this city and of the villages of Laguio, Mahar, Meytubi, Dongalo and others of this coast, who will be deprived and prevented from using the vessels which they ordinarily possess to carry and convey to the said port persons, merchandise, and other things; and if this profit be hindered they will have nothing wherewith to sustain themselves, and will not be able to pay his Majesty the royal tributes, nor aid in other impositions and personal services. The same losses will be increased by granting a monopoly of the said buyo, bonga, and tobacco—not only for the neighboring villages but even for provinces where it is collected and brought to this city; for their natives have no other source of income which would be to them so important and profitable as the gathering, carrying, and sale of buyo, bonga, and tobacco, and if this were stopped they would be reduced to the greatest poverty and want. That would make it impossible for them to succeed in paying the royal tributes, impositions, repartimientos, and other consequences of the service of his Majesty; and to the citizens and the people of various nationalities who dwell here, for whom the said commodities serve as food and sustenance, there would be caused expense and inconvenience, as has already been seen by experience, for even without the said monopoly being erected, but merely projected and intended, the said buyo, bonga, and tobacco have risen and increased in price, so much that the cost at present is twice what it was before, and at the time when it was decided to erect the said monopoly—which not only is of the fruits of the land, and articles which the said peoples use for their sustenance, but likewise is prohibited by equity and the laws. Consequently, looking for the greatest service to God and his Majesty, the growth and preservation of these islands, and the welfare and comfort of the citizens and natives thereof, they [i.e., the president and auditors] declared that they would revoke, and they did revoke, the said grant with everything therein contained; and that they would declare it, and they did declare it, to be null and of no force and effect. And they declared that they would notify, and they did notify, each and every magistrate of his Majesty, that each one of them, in his jurisdiction, in so far as may concern him, shall not consent to the use of the said monopolies, or of any one of them, on the part of either the said seminary or of any other person with a lease-title therefrom, or in any other manner, who may employ and make use of the said grant; but on the contrary they shall proceed to the punishment of such, who shall be in their jurisdiction, as against persons making use of a title and right not pertaining to them. And as for the said edifice and its demolition, it shall be entrusted to the captain-general, so that he, when he has examined it, and found that it is within the said three hundred paces about the walls, shall have it demolished and razed, until it be put in the state in which the said Plaza de Armas had been before, and at the time when the said edifice was commenced, in such manner that the purpose of the command of his Majesty in the said royal decree shall be complied with. A royal decree in conformity with this act shall be despatched, and shall be cried publicly in the customary districts and places, so that knowledge thereof may come to all. And, by this their act, they decree and command accordingly, and have signed their names.

Doctor Don Alvaro de Messa y LugoLicentiate Don Juan de Saavedra ValderramaLicentiate Don Mathias Delgado y FloresBefore me:Pedro Alvarez

      Don Phelipe, by the grace of God king of Castilla, of Leon, of Aragon, of the two Çiçilias, of Hierusalem, of Portugal, of Navarra, of Granada, of Toledo, of Valencia, of Galicia, of Mayorca, of Sevilla, of Cerdeña, of Cordova, of Córcega, of Murcia, of Jaen, of the Algarves, of Algeciras, of Gibraltar, and of the Canaria Islands, and of the Eastern and Western Yndias, islands and mainland, of the Ocean Sea; Archduke of Austria, Duke of Borgoña, of Bramante, and Milan; Count of Arpspug [i.e., Hapsburg] and of Flandez, of Tirol, and of Barcelona; Seignior of Viscaya and of Molina, etc. [Here the royal decree quotes in full the foregoing act of the royal Audiencia beginning: “In consideration of the fact that Don Alonso Faxardo de Tença,” etc., down to “but likewise is prohibited by equity and law.”]

      Wherefore, looking for the greatest service to God and myself, the increase and preservation of the said islands, and the welfare and comfort of the citizens and dwellers therein, after examination by my president and auditors of the royal Audiencia and Chancilleria of my said Philipinas Islands, in whose charge is the government thereof, through the death of my governor, Don Alonso Fajardo de Tença, it was agreed that I should revoke, as by these presents I do revoke, the said grant and everything therein contained, and I declare it null and of no force and effect. And I command all my justices and ministers that each one of them in his jurisdiction, in so far as concerns him, shall not consent to the use of the said monopolies or any one of them, on the part either of the said seminary or of any other person with a lease-title therefrom, or in any other manner, who may employ and make use of the said grant; but on the other hand they shall proceed to the punishment of such, who may be in their jurisdiction, as against persons making use of a title and right not pertaining to them. And as for the said edifice and its demolition, it shall be entrusted to the master-of-camp, Don Geronimo de Silva, captain-general, likewise of the artillery of my said islands, so that when he has examined it, and found that it is within the said three hundred