[34] No ymperio, ni mero, ni misto. Imperio mero [i.e., pure authority], the authority that resides in the sovereign, and by his appointment in certain magistrates, to impose penalties on the guilty, with the trying of the cause; imperio mixto [i.e., mixed authority], the authority that belongs to judges to decide civil cases, and to carry their sentences into effect. See Novisimo Diccionario de la Lengua Cast. (Paris, 1897).
[35] ff = Digest (ff was a Lombard form of D), and the reference is to Justinian’s Digest, book 48, tit. 19 (de poenis) fragment 27, which begins “Divi fratres.” The last paragraph of this fragment empowers the Roman governor (praeses) to arrest and imprison any of the leading citizens (principales) who have committed felonies. It is cited as a precedent in favor of the Spanish president.—Munroe Smith.
[36] At this point the following citation occurs in the margin: ultra plures cum Cobb lib. 3, variar, c. 13, nº 6. Bartol alias ex conducto et item cumquidam ff locat e inl c et divus ff de uauj e ex trah i egruti p. totum maxime n deg. 15 luias De penia in l i c de principal lib. 12. Much of this is unintelligible and there have evidently been many errors in transcription due to the illegibility of the original MS. The following conjectures and information, however, clear up certain portions of the passage.
Mr. FitzGerald conjectures ultra plures to be “several [authors] besides.” Cobb. is read Codieibus by Father Jose Algue, S.J.
Ex conducto et item cumquidam ff locat. The reference is to Justinian’s Digest, book 19, tit. 2 (locati conducti), fr. 15, which begins “ex conducto” and especially to the passage in the middle of fr. 15 (Sec. 3 of modern editions) which begins “cum quidam.” It reads: “When a certain person alleged a conflagration on the (leased) land and desired a remission (of the rent), the following rescript is sent to him: ’If you have tilled the soil, relief may not undeservedly be given you on account of the accident of a sudden conflagration.’” The transcription of the following reference to the Digest: Divus ff: is too hopelessly muddled to identify. Before these is a reference to Bartolus, and at the end a reference possibly to Cujas (Cujacius). Bartolus was the leading civilian of the fourteenth century; Cujacius of the sixteenth.—Munroe Smith.
In l is for in loco, and l i c for loco ibi citato.—Jose Algue, S.J.
[37] Chocolate was at that time supplied to the Philippines from Nueva Espana; but the cultivation of the cacao-tree (Theobroma cacao), of which chocolate is a product, was introduced into the islands about 1665 by the governor Diego Salcedo, at the instance of the Jesuit Juan de Avila, according to Delgado (Hist. de Filipinas, p. 535). Blanco says (Flora, p. 420), citing Gaspar de San Agustin, that this honor belongs to a pilot named Pedro Brabo de Lagunas, who brought cacao plants to Manila in 1670.