that by its transgression are
obligations to make restitution laid, in conscience, _ipso jure non
expectata judicis sententia_, upon the people of Mexico who trade with
the islands, or consign their property to citizens of Manila--either
goods sent in exchange for the merchandise of the latter, or money
which they remit to these--although both of these are prohibited. If
these things are conceded, they make a profit and have the means of
support. The reply thereto is incumbent upon his Majesty, from whom
the decree emanated. Until his Majesty shall make further declaration,
the decree is purely a penal ordinance, and nothing more. It involves
only the penalty and condemnation to which the transgressor is exposed,
and does not burden the conscience with mortal sin or restitution. For
that, it is necessary that there be an explicit declaration--one
conforming to the most lenient interpretation, which avoids fetters on
men's consciences, and constraining transgressors by only a temporary
penalty, and not by restitution or eternal punishment.

The religious Orders of St. Dominic and St. Francis at Manila,
and the cabildo of the metropolitan church of that city, ask that
this matter be adjusted. The religious assert an opinion contrary
to the above, saying that a mortal sin is involved. They beg that
his Majesty declare his royal will, and provide a person who shall
enforce obedience to the royal decrees and punish the transgressors.

The cabildo of the church declares that no one in the islands will
be sufficiently powerful to enforce the decrees, unless his Holiness
would undertake to decide what the faith teaches, regarding the
authority which the mandatory as well as the penal laws possess in
this matter. They request, therefore, that effective measures be
taken by his Holiness in declaring and deciding the Catholic truth
in this particular; and whether it will be a mortal sin to transgress
the laws of the kingdom when that which is decreed is something very
useful to the commonwealth. [7]

Tenth Point

_His Majesty has granted favor to the citizens of the islands, by
permitting two ships, each of three hundred toneladas, to sail annually
from Nueva Espana to the Filipinas; and they may carry therein from
the Filipinas such property as is to be transported. There shall be
three ships, in order that one may remain in dry dock at the port
of Acapulco. They shall sail on his Majesty's account, paying the
expenses th