The Philippine Islands, 1493-1898, Volume 44, 1700-1736: 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.
History
The Philippine Islands, 1493-1898, Volume 44, 1700-1736: 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.
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
[67] Expediente: "the collection of all the papers belonging to a
subject in a transaction," here evidently referring to the documents
pertaining to the Manila trade, which as Abreu says (see VOL. XXX,
p. 24), were placed in his hands by the Council of the Indias (of
which he himself was a member) for use in compiling the Extracto.
[68] Consulado: equivalent to the American phrase "board of trade."
[69] See section 35, post.
[70] The phrase regulacion de derechos apparently means, in reality,
a (special) rule for the payment of duties; that is, if the Manila
merchants would pay the 100,000 pesos which they had offered as an
"adjustment" according to the special rule for the collection of those
duties--a rule going above the duties as prescribed by law--they should
be permitted to do so, and should be excused for the penalties which
had accumulated, or at least for the back dues remaining unpaid during
the time when the "indult" bad been conceded to them of compounding
the duties at 74,000 pesos only. The stress seems to be laid upon the
fact that they must not be permitted to consider their payment as an
"indult," but us an arrangement, and one that was based on a somewhat
higher rate than had previously been granted to them. Even though it
may be considered as a sovereign favor to them, objection is made to
having it specifically stated as an "indult."
The usage of the word indulto in this connection will become more
clear if it is remembered that it means a special favor in one form or
another, a grace of the sovereign, a special exemption from rule or
penalty. Barcia and others define indulto as an impost levied on the
cargoes of the galleons from the Indias; but it seems doubtful if this
be strictly correct, as no impost by that name can be found in Leyes
de Indias or Ordenanzas de Bilbao, even in connection with averías
and almojarifazgos. I take it to mean, rather, the exemption from the
duties on ships' cargoes which would, under other provisions of law,
be owed. There is one interesting instance of the use of indulto to
signify exemption, in Teatro de la legislación universal de España
é Indias (Madrid, 1790-97; 28 vols.), ii, p. 341, under the head,
"Administration of averías," where it is provided by Carlos II that
"the proceeds of certain indultos for gold, silver, and merchandise
unregistered shall be applied to the fund from averías, in order that
it may result to the benefit of those who shall not have transgressed
the laws of registration; and notification shall first be given
to the Council." This seems to confirm my belief that the indulto
was not properly a tax, but the favor of an exemption, in cases,
from the tax; or of exemption (in this case, it would appear) from
the penalty to fall upon him who had evaded the tax by concealment;
it was, then, by derivation a composition of the tax. But the king
here provided that it should not be paid into his coffers, but be
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