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
Besides this, the inhabitants of all the islands ought to have
understood that the lands which they obtained are all royal [realengas]
or communal, with the exception of those which they possess through
inheritance, or through legitimate purchase from the native chiefs
[caciques] who were cultivating them at the time when the Catholic
faith was established in Filipinas, and when they rendered fidelity,
obedience, and vassalage to the august Spanish monarchs; and of those
which were purchased from his Majesty with title of ownership from
the royal Audiencia. [They should also understand] that for this
reason the royal lands cannot be absolutely sold or alienated, since
they only enjoy the use and usufruct of them; consequently, those
who fail to cultivate them for the years appointed by the Audiencia
lose this right of use, and the magistrates ought to assign these
lands immediately to another person. As for the rest of the lands,
no one can obtain them except by right of purchase and agreement
with the tribunal of indults and compositions [219] of lands, which
his Majesty has established for this purpose. In the same manner, the
lands which they hold by this tenure, as those inherited, or purchased
from native chiefs, they cannot sell without the intervention of
the court of justice. For this reason, warning is given that in the
house-lots of the villages also they have no more than the use of the
land; on this account, whenever the term of three years has passed
without those who had formerly lived on them building houses on these
lots, it has been and is the duty of the court to assign these lots
to other persons--without allowing or accepting lawsuit or claim,
when this neglect is evident, either through general report or by the
verbal deposition of witnesses who have resided there a long time and
are conscientious; for these house-lots are common property of the
villages in which they are located, and for this reason the ownership
of them cannot be sold, because this title does not belong to those
who dwell in them. In regard to this matter, and with observation
and knowledge of the injuries connected with it, this chief executive
(having been actually present in this, province of Pampanga, and in
the others that have been named) likewise ordains that the house and
house-lot cannot be seized from any debtor, of whatever class he may
be, as is commonly done--leaving in the street, and exposed to beggary
and other evils, a multitude of Indians who perhaps would again be
self-supporting, if they could have recourse to their own sheltering
roof (which hardly would be worth as much as ten pesos), and the trees
which they enjoyed on their own land. Proceedings must be taken only
against their goods, without leaving them or their wives destitute;
for it is very well known (as those who lend ought to know) that no
one can lend to a native more than five pesos--an amount which he
can easily pay with his work, or with some article of luxury which
Public-domain text, read in full here on John Shaqi.
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