Chapter VIII: Part 8

In regard to Maluco, your Majesty will send some one there who understands it well. To those here who understand the trade, it has appeared that the cloves and other spices will go at less cost by way of Nueba España, and with less risk and more quickly than by way of India; and that to preserve the supply of cloves, so that it may not be destroyed, it is necessary that your Majesty should not permit the Indians of those islands to be allotted, but should retain them under your Majesty's direct control, and they should be dealt with as the king of Portugal dealt with them. For if the Spaniards try to subjugate them, and order them to pay tribute, all will be lost--especially in view of the ill-treatment which the Castilians will inflict upon the natives if the conquered land be given to them as an encomienda (even though it be with name of pacification), as we have seen them do in all lands where they have been. The Indians would receive such harm at the first entrance of the Spaniards that it would not be repaired in many years. Your Majesty will pardon my boldness and accept my desire, which is very strong, to serve your Majesty, in stating what I and many conscientious persons here feel. Your Majesty will adjust the matter as shall serve your interests.

It is now three years since certain Franciscan religious left this island to go to China (as your Majesty will already know), without notifying the governor. Now they have determined to do the same thing; the custodian, whose name is Fray Pablo de Jesús, has gone thither with his companions, without saying anything to the governor, for which I am very sorry. For lack of their labors here, many Indians who were already Christians have remained without instruction, which I consider a great disadvantage. But, knowing that God moves the hearts of men (a matter that we cannot understand), I will overlook that. The governor took this with more asperity than I wished, for he sent after them, and the person who went thither treated them very rudely; but finally God ordained that they should arrive at this island. The governor ordered a proclamation to be made (its contents will be seen by the copy of the ordinance which I send to your Majesty), which even to me seems very harsh toward an order of so high character and strict obedience as is that of the discalced Franciscans. I advised the governor not to act with so much severity, but he did not see fit to grant my petition. I have since learned that the same person who went after them treated them very harshly in Pangasinán and Yllocos--perpetrating upon them many acts of oppression, taking away their ship, and refusing to let any one accompany them--which occasioned no little scandal to the Indians. Among other reasons which the religious have given me to justify their departure from here is the sight of the ill-usage which the natives of these islands receive from the Spaniards, especially those who have the charge of justice; and they say that all these are for hindrance, and no one for help. Hence no harvest can be gathered; and therefore they went to seek a place where they could gather it. Certainly they are not far wrong, for the things that occur here and the obstacles opposed by those who ought to aid us, are so numerous that many times I have longed to leave it all and flee to the mountains; but the charge that I hold keeps me within bounds. There is very little respect for the ministers of the gospel; and they cannot exercise their office without being dependent upon those who have more concern for their own profit than for the instruction of the Indians.

There was sent to the island of Macan, where the Portuguese live--near the city of Canton, in China--a father of the Society, and with him two Franciscan religious, to deal with the Portuguese there, in the same way as with those at Maluco; he was sent also to the Chinese governor at Canton. A copy of the letter is sent to you, in order that it may be seen what is asked from the Chinese governor and in what form; for the Chinese who were then here told me how it should be properly written; they said that their governor would thus learn our usages, and that he would be delighted if we would write to him as we write to one another.

To fulfil our obligation, and to bring this narrative--already so long--to a close, I will not omit, as your Majesty's servant and chaplain, to say that since these lands are your Majesty's, and you have in them so many and so loyal and obedient subjects, both Spaniards and Indians, you should please to see that the people are cared for and well treated; and that the governors preserve their liberties, and do not convert the government into a source of profit to those who govern, as has been done heretofore, to the great injury and deterioration of these colonies.

To remedy this condition, your Majesty should send to govern them not those who solicit that charge, but those whom your Majesty shall seek--Christian men, without greed; for such men are what the people desire, and would suit them and us. Let your Majesty send hither a man who comes alone, and without obligations to relatives or friends (in serving whom they neglect their duty to the early comers, whose blood has been spilled), who is content with the salary that your Majesty assigns him (which is always quite sufficient), and who hopes for advancement by your Majesty through his services; and who will not, by making himself rich in two years, destroy this country, or prevent others from enjoying it and gaining a livelihood. By doing this, your Majesty will have one of the best possessions in the Yndias. But if things go on as heretofore and there is no one to attend to it, it cannot continue long. If it shall please your Majesty to entrust the government to men who live here, there are those who could conduct it very well and creditably, without the many disadvantages which attend those who come from España.

The foregoing is such information as I can give your Majesty from here regarding the transgression and observance of the royal commands, laws, and decrees; and of the present state of this country, the wrongs that occur in it, and what matters ought to be remedied. On account of the little time before the ship departs, not all of this letter is so polished as to be fit to appear before your Majesty. If this relation is deficient (as it cannot fail to be) it is not in lack of truth or in desire to serve your Majesty and secure the welfare of these souls whom, because of their sins and my own, I have in charge. If there is anything which to your Majesty appears worthy of remedy, I humbly ask for it; and if I have said anything about which it appears to your Majesty I ought to have been silent, I also humbly beg that I may be pardoned. Since your Majesty knows that I am five thousand leagues distant from your court, and surrounded by so many griefs and afflictions, you will not be surprised at what I say, but at what I leave unsaid--and even why I myself did not go to beg for the remedy; for it certainly is a different thing to see and endure it here, than to hear it mentioned there.

_Fray Domingo_, bishop of the Filipinas

INSTRUCTIONS TO COMMISSARY OF THE INQUISITION

_Instructions which the person who is or in future will be the commissary of the Holy Office in the city and bishopric of Manila and the Phelipinas Islands of the West, [38] must mark and observe, in order better to fulfil the office and trust which he holds._

1. For this office shall always be chosen persons who are thoroughly competent and well approved--whose purity of family descent, and exemplary life and habits, have been previously ascertained through written information. Besides this, confidence is placed in their prudence, moderation, and temperance, which qualities will enable them to exercise aright the trust conferred upon them, and they will exercise it, for the public good, for the better transaction of business, and not for any private ends. Above all, it behooves them, and they are earnestly charged, not to employ the name and title of the Holy Office for avenging individual wrongs, or for the intimidation or affront of any person. The more such a person shall suspect the inquisitor's friendship, the more prudently must the latter deal with him; otherwise, not only will God be therein offended, but the Holy Office will be greatly wronged.

2. As soon as the commissary receives his appointment, and before he makes use of his powers, he must accept it in the presence of an apostolic notary or a royal scrivener, in whose presence he shall give oath of secrecy and fidelity according to the minute accompanying these instructions. He will show the said title to the governor, and to the ecclesiastical and lay cabildos, in order that they may receive, treat, and recognize him as a commissary and agent of so holy an office. He will take great care not to exceed his commission, but to fulfil it, observing these instructions and other particulars which will be sent to him, which treat of the manner of receiving acknowledgments, substantiating testimony, and visiting ships. To show the certificate of appointment to the cabildos is only a mark of courtesy, and in no way a necessary proceeding; for there is no need of their permission or approbation. The commissary is advised of this because the patent for his commission does not require any other contrasignature or permission for its validity.

3. Secrecy is the surest means, which the Inquisition is to employ very rigorously, for the detection and punishment of crimes. Therefore the commissary is strictly charged to observe secrecy in reference to these instructions, or any others which shall be sent to him, or letters written to him about business, and all else that comes to his notice in the capacity of commissary. He shall impose the same secrecy upon all those who act as accusers or witnesses, or who ratify their former testimony, and upon all honest persons who are present at such ratification--ordering all the said parties to observe secrecy, under pain of excommunication, and under the obligation of the oath which they took when making their depositions. The commissary, moreover, shall impose other punishments, pecuniary or corporal; and shall enlarge on the gravity of the sin committed in the disclosure of a secret by a witness, with this warning, that the Inquisition punishes from the standpoint of example, and according to the character of the person and the nature of the transaction. On account of the great distance, [to Manila] [39] it is fitting to make this provision, that whenever any person who shall incur excommunication for having disclosed a secret shall come, of his own free will, to ask for absolution, therefore with the confession of his guilt the commissary shall absolve him, and impose upon him some secret spiritual penance, such as will entail no stigma or infamy. The commissary shall submit his own denunciation to the Holy Office, without making further investigations concerning the matter except in serious cases. But should the disclosure of a secret result in any marked injury or bring dishonor to a person, in such an event further information is required, in order that in either case the Holy Office may, after due examination, justly dispose of the matter as is fitting, although no change will result for the absolved person.

4. Special care must be taken to warn bishops, vicars-general [_provisores_], visitors, and vicars, that they are not allowed to mention crimes of heresy or the like in their public letters and proclamations during visit; for his Holiness has referred and submitted such cases to the most illustrious inquisitor-general and the inquisitors appointed by him in all the kingdoms and seigniories of his Majesty. Therefore they shall try these cases _privatim_, which other judges can neither try, nor undertake to investigate, nor otherwise handle. Since in visitations crimes often come to light which must be tried by the Holy Office, warning must be given that these should be submitted to the Inquisition, with all secrecy and without the knowledge of the guilty party. The same must be done in suppressing the titles of vicars, in annulling the head of processes and charges made by the bishops, and in suppressing the title of inquisitor-inordinary; for in these regions the jurisdiction over the crime of heresy is wholly apostolic, except in case of the Indians. If any doubt, contention, or difficulty regarding the execution of this clause should arise, the commissary, without further inquiry, shall promptly notify us that he has warned, in especially polite and respectful language, the prelate concerned, to whom he must show much reverence--for the reverential respect which is due him should not be in the least abated by the privilege of the commissary's office.

5. It sometimes happens that certain ecclesiastical or lay judges take up matters belonging to the Holy Office, and make judicial inquiries therein. The question whether they should forbear from investigation of such cases, and submit them to others, has caused differences to arise between them and the commissaries, and has made them set forth most weighty arguments. Since the main care shall be to prevent such clash of authorities, in order to avoid this it is enough to bid them not to meddle in such matters. But if they persist in doing so it will be necessary to send them an injunction, couched in very respectful terms, drawn up in writing before a notary; to note their answers; and then to report everything to the Holy Office.

6. In cases of disobedience, disrespect, hindrance, and obstruction to the free and just exercise of the Holy Office, which also are wont to occur, the commissary shall be careful not to lose his temper, or to give way to words or deeds injurious and offensive to any person; on the contrary, that is the time for him to control himself and show great moderation. He shall make a diligent and full inquiry from other persons regarding the whole case, and shall notify us through his report; in this way any disobedience or disrespect on the part of a judge or a private person will be punished with greater rigor and justification. The delay which is apparent in this case might seem injurious, but it will not be so--as it is not in the transactions of the Inquisition; for, after men have slept soundly, they are awakened by a very exemplary punishment.

7. Denunciations regarding the matters contained in the edict shall be received in the commissary's own house, in a suitable, secret, and convenient place. They shall always be made by day, unless it should be necessary to receive them by night. The persons who come for this purpose must be treated with kindness, each according to his station in life. Every sort of infamy upon the party concerned must be avoided as much as possible.

8. In receiving denunciations there shall be no delay, but rather great care and diligence, as likewise in examining the evidence, following and keeping within the bounds of the injunctions laid down in the instructions which are especially sent for that purpose. The same and even greater care, and much attention, are required in forwarding depositions.

9. Since it often happens that some of the witnesses are out of the city, and therefore depositions must be taken in different places, let the case in question decide the course of procedure, whether or not the commissary shall order the witness to appear before him. Usually there is no need to cause the witnesses the trouble of coming a long distance, when the investigation can be entrusted to the parish priest [_cura_] or vicar of the place, the notary making certification at the head of the authorization therefor given to him by this clause. A case may arise where it is best to wait for the witness, and it may be desirable to hold him, in order to examine him personally; this is left to the commissary's choice, for, having the case before him, he can decide what is best to do. If any one be summoned on the affairs of the Holy Office and shall not render due obedience, a written order must be sent to him, imposing upon him the penalty of excommunication and a fine in money, should he disobey. A report of all proceedings in each individual case shall be made, so that the disobedient person may receive exemplary punishment, according to his station in life and the nature of his disobedience.

10. Some are accustomed to send their denunciations through memorials, with or without their signatures, or by letters-missive; but, since these persons write them under no pressure or oath, and without the presence of a judge or a notary, they expand their accusations to the detriment of their neighbor's reputation. Therefore the commissary ought to avoid as much as possible the acceptance of such letters and memorials, and shall order the witnesses to declare under oath what they know of the matter, in order to free their consciences, and shall examine them concerning the facts. If the acceptance of such a letter cannot be avoided, the person who writes it should be summoned and made to acknowledge it under oath before a notary, after which he should be examined about the letter. If the letter be written from a distant place, the rule in the preceding clause can be followed.

11. Likewise some persons, moved by passion more than by commendable zeal, are wont to denounce others on the ground that they are _confessos_, and therefore not entitled to wear silk, carry weapons, ride on horseback, or do other things forbidden to them by laws and royal ordinances of these realms, as well as by the instructions of the Holy Office, as likewise is set forth in the edict. In these cases one ought to be careful not to accept such depositions except from children and grand-children of _relaxados_, or from children of a relaxada, [40] or from persons who themselves have been reconciled to the Church [_reconciliados_]. The commissary may receive denunciations from these three classes of persons, and send them to the Holy Office, without making any arrest, issuing interdicts, or taking other steps. On the contrary he will maintain great secrecy, and charge the witnesses to do the same. As for other persons denounced as confessos, since they are not in the said class, nothing will be written. On the contrary, the same secrecy will be imposed upon the witnesses and they shall be very kindly admonished to be silent, and not to slander their neighbors, informing them that the Holy Office will take no offense at what they have testified.

12. The heading of the charge made against any person must begin with the words of the first witness, and not, as is customary with ordinary judges in these regions, the formula, that "it has come to his notice," etc.--inserting first what he has heard concerning the crime from any witness. When the commissary receives documents of many clauses from this Holy Office for the investigation of different matters and against many persons, he will place as introduction to the inquiry that he makes in each case that clause of the document which applies to the matter in question, legalized by the notary.

13. Any arrest made by the Holy Office is a matter of much reproach and dishonor for that person, and of no less damage and injury to his property; therefore an arrest should be made with prudence, care, and for just cause. Authority for this is not given to the commissary, who neither should nor can arrest a person except in special cases, and by a special order entrusted to him against the person who is to be arrested; and even then, the commissary must see that the purport of the said order be executed, without exceeding it.

14. The crime of bigamy is very frequent in this country, so that it behooves all commissaries to make diligent inquiry concerning it, and to punish the crime. If the ecclesiastical or secular court arrest any one for this crime and proceed against him, let them administer justice freely and without hindrance. If they refer the case to the commissary without charge, and without his making any effort for such remission, the latter shall say that it is very well, and that they may refer and send the case to this Holy Office at their own expense--or at that of the prisoner, if he be well-to-do. If they still urge him to receive the case there, that it may be sent by the order and at the expense of the Holy Office, the commissary shall answer that he has no orders from us for such action. If, dissatisfied with this answer, they ask permission to inflict punishment there, he will answer that they may investigate the matter, and may do justice according to law. After that he will allow no more arguments on the question.

15. This clause applies when the said courts have anticipated the case by the arrest of the accused person; for if the latter were free, and through information received from witnesses his two marriages were proved, and the existence of the first wife at the time of the second marriage, which constitutes the crime, the commissary shall arrest and remand to prison the person thus proved guilty--sending with the prisoner the information or original record, but retaining there an authenticated copy of it. Concerning other cases of bigamy, which do not show the same degree of guilt, it will suffice to send authenticated copies of such records or depositions as are received, and to keep the originals. Special information must be sent concerning the prudence of the accused, his station in life, and his wealth; so that after due examination the necessary measures may be taken. If he should come to this country [Mexico], the commissary must give us notice of his coming, so that the Holy Office may hear of it by the first despatches which shall reach Mexico. He shall also write to the commissary who resides at the port of Acapulco, that any attempted absence or flight may be prevented.

16. Concerning the other crimes enumerated in the general edict, after the denunciation has been received and the witnesses have been examined, according to the order laid down in the instructions, it will suffice to send such information without making any arrest or taking other steps. The commissary shall also send information concerning the person's birth-place, station in life, means, and the real estate that he owns in this country, or in España. He shall notify us, in case such person comes here, so that we may deal with him as the nature of his offense demands.

17. As for the judicial proceedings in matters which concern the Holy Office--whether they be settled, or informal, or pending official transactions--which other courts submit to the Holy Office, whether at the instance of the attorney-general or by agreement, all original documents must be delivered, without retaining a copy of any; oath to this effect will be made by the apostolic notary or by the royal scrivener who hands them over. Since suits which do not belong to the Holy Office are sometimes thus handed over, the commissary shall, on account of the danger that they may be lost at sea, not send documents until he shall first examine them. If they clearly prove to be cases not belonging to the Inquisition, he shall return them to the owners. In case of doubt, the commissary shall send an account of the offense, with the evidence, and the status of the process--saying whether it is decided or pending, and whether informal or received on trial; he will also report as to the rank of the accused person, and whether at the time any arrest has been made, or will be made in the future. Ordinarily, whether the case be one of bigamy or of some other crime, the commissary shall proceed as stated in the two preceding clauses. If he should not be sent as prisoner, it will not be right to do so until his offense be investigated here; accordingly the commissary may discharge him under bail or under juratory security. [41] If the accused is unable to provide security, the commissary shall command him not to leave the city, town, or province where the crime occurred and where he owns property, under severe penalties of excommunication, and pecuniary or bodily punishments, suitable to the person's station. If such person wishes to come to this country, he can do so by offering the same bail or security to the Holy Office; but he must first be warned not to make the journey if other matters render such a step unsuitable. He shall be assured that in his absence his trial and his honor will receive the same attention as if he were present.

18. When any arrest must be made according to these instructions, it must, for any case of bigamy, be made according to clause fifteen. The commissary shall issue orders entrusting the matter, as is customary, to some one of the familiars whom he has to keep in the city. Until he has familiars, for lack of them he shall entrust it to the person on whom he has most reliance, and in whose integrity he most confides. When it is necessary, but only then, he may ask for the aid of the royal officials of justice. Whenever this shall be necessary, the royal officials may seize only the person pointed out to them by the Holy Office; and they must assist him, giving their favor and aid only for such person. In order to obtain this help, the commissary needs only to ask for it in polite terms; and it may be demanded without the necessity of giving information, either written or oral, regarding the offense--and, indeed, he shall be very careful not to do so. On the contrary, if anyone should be so inconsiderate as to ask for such information, let the commissary send us a detailed account of what takes place in the matter.

19. Royal magistrates are under obligation to render this assistance, since the request therefor does not require from them any fees, alguacil, or scrivener. The magistrates are also under obligation to receive and keep any prisoner in their jails, to take good care of him, and to account for him, but without exacting therefor any prison-fees. Accordingly the commissary will, when occasion arises, notify the magistrates and request their assistance; and if necessary he will command it, under pain of excommunication and a money fine. Thus he will not be obliged to find another and special prison, and incur the expense of guards. If the rank of the person, and the condition of the prison, and the nature of the crime require a more special and secret prison, on account of the danger that the prisoner may be able to communicate his affairs to other persons, such arrangements are left to the judgment of the commissary, who is charged to see that in these arrests little outcry be made, and that all scandal be avoided.

20. When the criminal is arrested, the commissary shall send him by the first available ship, registering him as being in the shipmaster's charge--commanding the latter (under penalty, if necessary), to take good care of the prisoner until he shall be handed over, at the port of Acapulco, to the commissary who dwells there, who is duly authorized to act. If the prisoner be well-to-do, the commissary shall send at least one hundred pesos' worth of his property, in order to pay for the food that he needs during his imprisonment, and to meet the expenses that he may incur during the journey; otherwise, the commissary shall send whatever sum be may obtain from the property. Since these men who are twice married are not a very dangerous class of people, the commissary may in a case of flight exercise leniency, by allowing them to come and present themselves under a sufficient security, corresponding to their station and means.

21. A sequestration of property is very injurious to a person, especially in the Indias, where all the value of property depends upon its management. The commissary ought not therefore, in any case, to do this; on the contrary, the arrested person shall permit suitable provision for his property, according to his own preference, entrusting it by means of an inventory to some person in whom he has confidence. The latter shall bind himself, in due form, to be the depositary of such goods as the prisoner may leave in his charge on account of his arrest; and in such manner that it may not seem to be a deposit or a sequestration by the Holy Office, but simply a contract between two parties. This accomplished, the commissary shall obtain very minute information about the station of the prisoner, his mode of life, and the means and property that he may possess. If he has any reason to suspect that either the prisoner or the person to whom he has entrusted his property on account of the arrest, is endeavoring to hide, or squander, or alienate the property, he shall be careful not to allow such alienation or any other mismanagement of the property; until the Holy Office, having examined his offense, shall make suitable provision for a legal sequestration: for in punishing a crime, the property of the guilty person is always regarded as an accessory element, to be used in behalf of the person to whom it shall belong after the culprit is released from prison.

22. Money for the prisoner's food, for the expenses of his journey, according to his station, and for his bedding and clothes, must be taken entirely from his estates; and if he has none, let such of his goods be sold as will inflict least damage upon him, to the amount necessary, at a public auction before a notary or a royal scrivener. No officer or agent of the Holy Office shall take anything from the said sale, either personally or through agents--a command which is general in all cases when goods are sold by the Holy Office, whether they are sequestrated or not. To better ascertain which of the goods would cause him least damage, it will be advisable to consult the opinion and desire of the interested party.

23. All that has been said thus far concerning the acceptance of denunciations, and the reference of cases, prisoners, and proceedings to the Holy Office, does not apply to the Indians--against whom the commissary shall not proceed for the present, but shall leave them to the jurisdiction of the ordinary. [42] Cases involving them are not to be referred to us. All other cases, in which mestizos, mulattoes, and Spaniards, of all classes, are involved, shall be tried exclusively by the Holy Office rather than by the ordinary courts, as specified in the fourth clause of these instructions.

24. The Holy Office is wont to issue edicts--as, for instance, the general edict concerning matters of the faith, and other specific ones--for the prohibition and seizure of certain books. The public reading of these edicts is of the utmost importance, having the force of a notarial summons. It always takes place in the cathedral church, where the people are commanded several days beforehand to meet, under pain of excommunication. The sermon is assigned to the most learned preacher of reputation and authority, who preaches it elsewhere, on that same day; notice is therefore given to the monasteries and to all concerned. The Holy Office shall appoint both the preacher and the day, although it is best to make arrangements therefor with the prelate, and obtain his concurrence; for in so doing nothing is detracted from what is due to the Holy Office. Although the penalty of excommunication is imposed, it is not held to bind any except those who for petty considerations neglect to heed it. In denouncing their guilt the commissary shall absolve them, imposing upon them only some secret spiritual penances and not any pecuniary or ignominious punishment. Others who through carelessness, negligence, or ignorance, fail to appear, the commissary shall discharge with a gentle reprimand, setting at ease their consciences in regard to the excommunication.

25. The Inquisitor therein anticipating the action of any other judge is accustomed to visit all ships which arrive at the ports, no matter whence they come; therefore the commissary shall do so, if he is in a place where it can be done, and shall ask the principal officers of the ship the questions sent with these instructions. If he is unable to do so in person, he will entrust the matter to the parish priest or the vicar who resides in the port, sending him a copy of the questions to be asked. He will notify us as to the ports chiefly frequented by ships, where it will be best to keep persons with a special commission from us; and will name some of the persons to whom this commission may be given. When the commissary has succeeded in visiting the ship at its station in the harbor, the captain, master, or clerk, or some of the passengers will find it necessary to go ashore, to the city; then, while the supplies most needed are being procured, he will examine them. In all this it is very important to avoid carelessness. This is understood only of ships which belong to Spaniards and come from Nueva Spaña, Piru, or Panama, or from Portuguese India, or from other regions.

26. One of the most important reasons for inspecting the ships is the books, especially the boxes which come as cargo. The royal officials and magistrates of his Majesty who reside in the ports shall send the said boxes to the commissary of the Inquisition, without opening them or taking any books out of them. The commissary shall open them and examine the books, comparing them with the general catalogue; and after seizing such as he finds are prohibited, he will give the rest to the owners To this end the commissary shall make known to the royal officials of the city, and to those who reside in the ports, the ordinance which accompanies this paper; and this applies even when the said boxes of books have been previously examined by another inquisitor.

27. Whenever a ship departs from the islands, the commissary must send replies to the letters which are written to him, and information of what is occurring there.

28. Finally, we recommend the examination of these instructions--which, although so full in their provision for all contingencies, properly apply to ordinary occurrences, with a few clauses for which provision had already been made. The most difficult task, therefore, will be to examine them carefully at first, and to bear in mind that any doubtful cases are to be decided by the commissary as shall be necessary, since he is so far away [from Mexico]. With this, and the confidence that we place in him personally and in his prudence and great zeal, we trust that the commissary will meet all success.

Given at Mexico, March first, one thousand five hundred and eighty-three. The licentiate _Bonilla_ The licentiate _Santos Garcia_

By order of the Inquisitors: _Pedro de Los Rios_

FOUNDATION OF THE AUDIENCIA OF MANILA

Don Phelipe, by the grace of God, king of Castile, of Leon, of Aragon, of the two Sicilias, of Ihm, of Portugal, of Navarra, of Granada, of Toledo, of Valencia, of Galicia, of Mallorcas, of Sevilla, of Cerdeña, of Cordoba, of Corcega, of Murcia, of Jaen, of the Algarves, of Algeçira, of Gibraltar, of the islands of Canaria, of the eastern and western Yndias islands, and the Tierra Firme of the great ocean; archduke of Austria; duke of Bergoña, of Brabante, and Milan; count of Absburg, of Flandes, of Tirol, and of Barcelona; lord of Vizcaya and of Molina; etc. Whereas, in the interests of good government and the administration of our justice, we have accorded the establishment in the city of Manila of the island of Luçon of one of our royal audiencias and chancillerias, [43] in which there shall be a president, three auditors, a fiscal, and the necessary officials; and whereas we have granted that this Audiencia shall have the same authority and preeminence as each one of our royal audiencias which sit in the town of Valladolid and the city of Granada of these our realms, and the other audiencias in our Yndias: now therefore we order to be made and sent to the said island our royal seal, with which are to be sealed our decisions which are made and issued by the said president and auditors in the said Audiencia. Moreover, as to the course of procedure which they are to follow in the performance of their duties, we have ordered certain rules to be drawn up, as follows:

_House of Audiencia_

1. First, we ordain and command that in the said city of Manila there shall be a house of Audiencia, where may sit and reside our said president and auditors, and where our royal seal and register may be kept, and in which shall be the prison and its warden, and the smelter for precious metals. If there should, however, be no accommodation for living in the said house, the auditors shall lodge in other houses, which they shall occupy with the consent of their owners, paying them rent; and the Audiencia shall be held in the house where the president dwells, and therein shall be the prison and its warden.

2. It is our will and desire that the said Audiencia shall have as its district the said island of Luçon and the other Filipinas islands of the archipelago of China, and the mainland of the same, whether discovered or yet to be discovered.

_Jurisdiction of the President and Auditors in Civil and Criminal Cases_

3. We ordain and command that our aforesaid auditors shall have jurisdiction of all the civil and criminal cases which come to our said Audiencia on appeal from the governors, alcaldes-mayor, and other magistrates of the provinces and islands and district subject to our aforesaid Audiencia, and shall try them by examination and review, but shall not have jurisdiction of any case in the first instance--except it be in cases which belong to a superior court [44] or criminal cases which arise in the city, town, or towns where they may sit, or within five leagues thereof; and in the civil cases arising in the town or village where they may sit, the alcaldes-in-ordinary shall have jurisdiction.

4. _Item_: We ordain that our said judges try such civil and criminal cases in the same manner in which they would be tried by the judges and alcaldes of our audiencias of Valladolid and Granada, and that they may and shall render decisions according to the precedents of the alcaldes of our audiencias of Valladolid and Granada.

5. _Item_: We command that the governors, alcaldes-mayor, and other magistrates of the said district shall authorize appeals to be made from them to our aforesaid Audiencia in the cases in which rightly and in conformity with these rules it may have jurisdiction, except those which must go to the councils for settlement in conformity with the decree made by us, and excepting further the cases involving less than a certain sum in which by special decrees appeals from the alcaldes-in-ordinary must go before the governors--which cases we wish to remain as they are during our pleasure.

6. _Item_: In the civil cases in which judgments are pronounced after examination and review by our said president and auditors, they are to be executed without any further appeal or petition, or other recourse, except when the case involves so large an amount that there may be ground for a further appeal to our royal person, in conformity with the provision and decree of our laws and ordinances. In such cases we desire that the privilege of appeal be given, under the condition that the party who makes a second appeal must and do present himself before us within a year after the original judgment has been communicated to his attorney. Yet we desire and command that the judgment of revision be executed notwithstanding such second appeal, the party in whose favor the judgment was rendered giving first sufficient and satisfactory bond that, if it shall be reversed, he will restore everything which has been adjudged and given to him thereby, in conformity with the judgment which has been pronounced by the persons appointed by us. We also ordain that the cases which shall come up on such second appeal must be presented as original cases before our council of the Yndias, being left just as they were; but an official report of the entire case is to be left in the possession of a clerk of the Audiencia before which it has been tried, and the parties must petition for such appeals before the Audiencia itself. Yet if the judgment of revision which is pronounced in our said audiencias be with regard to possession, we declare and order that no opportunity is to be given for such second appeal unless the judgment of revision is carried out, although it be contrary to that of the original trial.

7. _Item_: In the hearing and judging of said cases, either civil or criminal, the decision shall be whatever meets the approval of the majority; and should they be equally divided, two or three of the judges shall choose, impartially and in whatever manner may seem best to them, an advocate for the determination of the case upon which they have disagreed. The decision of the majority must be executed, even if this majority consist of but two. If there be but two judges in the Audiencia, they are empowered to try and determine all the said cases alone; if they can agree, their decision is valid, and in case of disagreement, they shall choose judges in the manner above described. If at any time there should be but one judge in the Audiencia, he is empowered alone to conduct the proceedings in all the said cases up to the point of rendering final decision. He may make investigations and issue orders for arrest, and when the affair is submitted for final decision, he may choose an assistant judge satisfactory to him. He is empowered to pursue this same course in cases of damage which cannot be repaired by definite sentence; and in a civil case of two hundred pesos or less, he is empowered to conduct alone an original trial or an appeal, as he may also do in criminal suits for slander.

8. _Item_: We ordain and command with regard to civil cases appealed from the alcaldes-in-ordinary of the city where the Audiencia may be, or from the other magistrates within five leagues thereof, that they may be appealed before the Audiencia; and if the judgment given by the Audiencia in said cases be of two hundred pesos of the mines [_pesos de minas_] or less, it shall be executed as if it were granted after review, and there shall be no appeal therefrom, whether the said judgment be in confirmation or in revocation.

9. [Technical directions for procedure in a case on appeal when the appellant desires, after appeal, to add to the evidence taken at the trial of first instance. Affidavits are presented on both sides before the judge of first instance, an interlocutory decision is pronounced, time is allowed for filing objections, and the record of the second series of proceedings is added to that of the first.] [45]

10. _Item_: Whoever shall bring before our Audiencia a case on appeal may appear before the clerk whom he chooses. The clerk before whom he appears shall be required to notify our president and auditors of such appearance, that they may assign the case so as to produce equality among the clerks; and the same shall be maintained among the suits begun in the first instance in our said Audiencia.

11. _Item_: We command that the judgments pronounced by our said president and auditors for the region beyond the five-league limit, and writs of execution and other writs, shall be given in our name and with our title, royal seal, and record. Writs with seal and record shall receive the fees which by our royal tariffs of fees for our Audiencia have been commanded for them. The judgments pronounced for the region within the five-league limit shall follow the form of orders without seal or record, issued by our auditors, etc. And these writs shall be obeyed and executed in the same manner as writs and judgments sealed with our name and royal seal.

12. _Item_: Our president shall keep a record of votes, which he shall swear to keep secret, and in which he shall enter, in brief form, the opinions of himself and the auditors in all cases involving a hundred thousand maravedis and upwards.

13. _Item_: We will that our auditors repeal no sentence of banishment, nor allow writs of delay for debts; yet we permit them to issue writs of delay for six months to particular persons, and not in general--provided first that such person for legitimate causes which have intervened is unable to pay; and that he offers approved security, not clerical or noble, [46] that at the end of six months he will pay the debt. This term may be allowed for the same debt only once.

14. _Item_: We ordain that the appeals taken from decisions for plaintiff or defendant in pecuniary suits, and in suits involving only private interests, when said decisions are pronounced by those who report to the governors and corregidors of the district of our said Audiencia, shall go before it; but as for all other matters heard by such judges, and as for the results of secret investigation, they shall go before our council of the Yndias.

15. _Item_: Our Audiencia shall appoint no judge in cases of residencia [_juez de residencia_], or governors for the provinces subject to their jurisdiction, or judges for special criminal investigations [_pesquisidores_]. If any individual bring complaint or charges against the governor, and the Audiencia shall see that the matter is of such nature that it is of importance to know the truth concerning it, in such case they shall send one person to obtain the necessary information. The complainant or accuser must give bonds that he will pay the costs and the penalty which will be assessed against him in case the accusation proves false. In other cases special judges of investigation shall not make inquisitions, except with regard to riots and seditious associations, or other matters of so pressing importance that the delay requisite for consulting us would produce notable inconvenience.

16. In cases which occur outside of the five-league limit, our president and auditors may appoint judges by commission [_jueçes de comision_], to hear the cases and to administer justice with regard to them. Care must be taken that they make their inquiries in cases which warrant inquiry, and in no others. Such judges by commission for crimes and misdemeanors shall be given authority only to carry on a legal inquiry [_informacion_], and to arrest the delinquents and convey them to the prison of the Audiencia. They may also collect their fees from those who owe them. The clerks before whom the cases are carried on shall hand the records in their entirety to the clerks of the Audiencia, where the matter shall be completed in such manner that the parties shall be obliged to pay only single fees. And if the clerks who attend such commissions have no commissioners [_receptores_], they shall be appointed by our Audiencia, and not by the clerks thereof.

17. _Item_: We command that the receiving of the testimony which must be taken in the transactions which proceed from our Audiencia shall be entrusted to the clerks of those cities where it shall need to be done. If there are no such clerks, our said Audiencia in the interim during which there are no official commissioners of examination [_receptores_] [47] shall appoint therefor a suitable person.

18. _Item_: Our auditors in the exercise of civil and criminal jurisdiction shall receive no fees, or fines, or amercements, or anything under color of charges for sitting as assessors to the judges. The fines which they lay in cases where the law assigns any fine to the judge shall be for our exchequer and treasury, and for no other person. If the auditors take any of the aforesaid payments, they shall restore them fourfold.

19. _Item_: We command that when any governors, alcaldes-mayor, or other magistrates of the district of our said Audiencia, shall fail to execute the writs and decrees which in our name the Audiencia shall send them, without showing that they have just cause to desist from the execution thereof, then in such case the Audiencia may send officials whose fees shall be at the cost of those guilty of disobedience, which officials shall cause the process of the Audiencia to be executed, notwithstanding the provision that the Audiencia shall not send out special judges of investigation [_pesquisidores_].

20. _Item_: Our Audiencia shall maintain those who have letters-patent of nobility or privileges of gentility in the said letters-patent and privileges. In other cases where claims of gentle birth are put forward, they shall not try them, but remit them to the audiencias of these kingdoms which have jurisdiction in such matters.

21. _Item_: We command that our president and auditors shall have no authority to grant permission to go to the provinces of Peru.

22. _Item_: We ordain and command that all criminal cases which shall come for judgment, from all parts of their jurisdiction, before our said Audiencia, of whatsoever nature or importance they may be, shall be tried, decided, and determined as on examination and review before our said Audiencia. The sentence accordingly given shall be executed and carried into effect duly, without process of appeal, petition, or any other legal remedy or recourse.

23. _Item_: We ordain that no one shall appear at the prison of our Audiencia as an attorney, even though he have special power of attorney therefor, unless he have information that his client is confined in the prison, and shall swear that the judge who shall be trying the case is distrusted by him with just cause. In such case our auditors shall direct the judge to send them a signed transcript of the record, in order that, after the transcript has been submitted, if it shall appear that they should try the case, they may direct the transfer of the record to the Audiencia. In such case they shall grant the party a writ forbidding the judge to proceed further with the case; and the prisoner shall appear at his own expense, providing good security. Before the auditors have examined the record, they shall grant no writ of injunction, temporary or perpetual. If, however, the prisoner shall have appeared in person, and shall find that he has a right to a trial in the Audiencia, and to a writ of injunction against the judge who claims the right to try the case of to summon the parties to appear to the charges, let them give the writ. Meanwhile the prisoner shall be confined in the prison, and shall not be admitted to bail until by means of the record the nature of the charge is made evident in conformity with the laws of these realms which govern in such cases.

24. _Item_: We ordain and command that our president and auditors and the ordinary magistrates of our said Yndias, where there shall be a mint, shall have jurisdiction over all crimes of falsification of money committed by the moneyers although they be committed within the mint. Accordingly, they may call the case before them, unless the alcaldes of the said mint have anticipated them and begun to try it. Likewise, our said president and auditors, with respect to the mints in their jurisdiction, may appoint a person to report to the alcaldes and officials of the said mints.

25. _Item_: We command that on Saturday of every week two auditors in rotation, as the president shall assign them, shall inspect the prisons of the Audiencia and of the town where the Audiencia may be. There shall be present at the inspection the alcaldes, alguazils, and clerks of the prisons, and our fiscal attorney. At the inspection of the prison of the town or city the alcaldes-in-ordinary thereof shall be seated near the auditors.