Note 16 — Commerce between the Philippines and Nueva España (continued 2)

But it is a fact that, according to that agreement, what had to be done was to appraise all that came registered—as had been done during the six years before, to which the commission extended without making any kind of innovation, since the contract was that they had to collect the customary dues; and if anything came outside the registry, its owners, by declaring it in accordance with the proclamation (as they did declare it), had to pay the same dues, freight charges, and alcavala as did the registered merchandise—which is the same practice as that in Sevilla when, at the arrival of the galleons, my royal decree regarding declarations is issued and proclaimed. And this the proclamation of Don Pedro de Quiroga could not exceed, because it was of the same character, not only on account of his own official position, but by the obligation of the contract. Such was the proper course of action, according to justice and reason, and conformably to the contract approved by the viceroy and the visitor and by me; and since, in virtue of his document,16 the 400,000 pesos of the two thirds of 1636 and 1637 were already collected. What he did was to contravene all this, the same as if such usage had not been current; [but in that case] such a composition would not have been made, nor such a contract drawn up. For, as if the ships were not included in the agreement, whatever they carried was immediately seized (as has been stated), saying that it was confiscated—not for coming outside of registry, since of this sort there was nothing belonging to the citizens of the islands; but because the permitted amount came registered,17 as it always has come and ought to come, in order to fulfil therein the condition of the document, which was that each chest be carried as one pico of silk, to which is introduced the addition of a quarter, from which Manila has made petition. For if it were not with the express condition that these ships should be thus despatched, there would have been no reason for mentioning them in the agreement. Besides, they conformed to the order of which Don Pedro de Quiroga notified the islands, as appeared by a section of his letter, inserted in a document which the governor wrote to the city of Manila, which reads thus: “We have been expecting the ships which thus far have not arrived, by which we deem it certain that they have been obliged to take refuge in port; and in order that the service of his Majesty, to which your Lordship is always so attentive, may be furthered, it is necessary for me to express my opinion (as you commanded me, in your instructions) that all the goods which go registered in the ships, even if there be more of them than the 250,000 pesos of the permission, should remain free, by paying the dues at the port of Acapulco; and the same should be done with those that are not registered, if they are declared in the said port within twenty-four hours after the vessel casts anchor.” This was the proclamation which I ordered to be made; and that if the said ships should sail from that city, or after sailing should put back into port, they might come freely the following year with the said merchandise; and this was the order that the visitor sent to Manila, and which the governor executed to the letter. In accordance with it, the ships sailed, according to the agreement and its first condition; from this is positively known the notorious injury and injustice which has been done to all those engaged in this commerce who took part in the first composition—compelling them by severe measures to enter upon the second one, and to pay or be obliged to pay for it the said 300,000 pesos, endeavoring to deprive them of having recourse to my clemency with a protest. For even if there had been (as was not the case) the same or greater infractions of law in those two ships than in all the preceding years, as these cannot be of different character from those of the past, and from those included in the commissions of Don Pedro de Quiroga, they should in justice, and by obligation and legitimate contract, agreed to and executed, be included and contained in the composition of the 600,000 pesos; and in virtue of that agreement ought to have been despatched as usual, without making accusation or fixing blame for what they carried registered, or was declared at Acapulco. The islands therefore claim that they ought not to be included in the first composition, and that what they have paid ought to be restored to them and is imposed upon them when they do not owe it, on account of the said composition. They also claim that the second composition, to which those who signed the document were compelled, ought to be declared null and void; that all who were involved therein be set free from their obligation; and that what they shall have paid or contributed for its fulfilment and execution be returned and restored to them. [The king here enumerates (again in Grau’s language) the losses which these rigorous measures have caused to his royal exchequer, the injuries and dangers thus occasioned to the Philippines, and the services rendered to the crown by its citizens;] notwithstanding that in a letter of September 2, 1638, I thought best to inform the said city of Manila that in regard to the citizens of those islands being included in the former compositions made by the said Don Pedro de Quiroga, my royal intention was that they should not pay what they did not owe. And since this depended on the acts and the general decision which Don Pedro de Quiroga made regarding these compositions, in which the citizens of the islands claim they were not included, the judge was notified to proceed in those commissions, in order that he might hear them and administer justice as was fitting, affording redress to those who had been injured. In conformity therewith, I have considered it well to issue the present, by which I commission you, and give you all the power and authority that is required by law in order that, after hearing them, you may administer justice, and furnish redress to those who shall have been wronged in whatever has been represented to me; for such is my will. Done at Madrid, February 14, 1640.