The Philippine Islands, 1493-1898, Volume 52, 1841-1898: 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 52, 1841-1898: 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
And although, in regard to the contract of casamajan [217] which
they commonly practice, absolute prohibition ought to be made to
them on account of the burden which ensues from it to the poor, and
also to their own consciences, on account of the many usurious acts
which are committed therein, [yet] considering, as has been already
stated, that there will be many who, on account of age and sickness,
cannot themselves attend to the cultivation of their land, this chief
executive consents to grant such persons a contract of that sort,
under the condition that whatever loan is made to the farmers by
their partners, it shall be in the form of palay, and they shall
collect it in the same; that is, if they shall lend, for example,
four cavans [of rice], they shall receive four others. And the same is
ordained in regard to money, so that if they shall lend, for example,
two pesos they shall receive only two pesos; and, if they shall lend
cloth, if it is not returned they may only receive its just value at
the time when the bargain was made--under the penalty that no judge
shall admit any claim in contravention of this ordinance, and the
complainants shall lose what they had lent.
Besides this, I have in the same manner heard of the unjust and vile
bargains which the usurers make in regard to the cultivated lands,
and even the trees which the farmers cultivate in their gardens, and
their houses, binding them with the agreement of retrovendendi, [218]
as it is commonly called, exacting from him who is bound--sometimes
for many years, and sometimes forever--the produce and the ownership
[of those possessions], for a small amount which the lender has
furnished. They also exact a premium for the money which they lend,
sometimes in valuables, and sometimes besides these. This is done by
a multitude of usurers who overrun the island, with great offense to
God and injury to their neighbors. In order to redress such evils,
which provoke divine justice against the islands, this chief executive
has also resolved to ordain that in future such contracts shall not
be made, either by writing or in words; for they are null and void,
and usurious. And we forbid all the magistrates of these islands
to give hearing to any claim arising from these contracts; if they
contravene this order, they remain responsible for all losses and
injuries, with the penalty, besides, of a fine of five hundred pesos.
Public-domain text, read in full here on John Shaqi.
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