Chapter II: Part 2

_An act decreeing that the notaries shall not collect their fees entirely from each of the parties, but that each one shall pay the part he owes._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of these Philipinas Islands declared that, whereas it has come to their knowledge that both the notaries and the reporter [_relator_] [2] of this royal Audiencia and of the other jurisdictions of this court, collect fees for the trial of suits and other acts thereof in entirety from each of the parties at whose petition they may take action, saying that they should pay them entirely: therefore, because the aforesaid proceeding is to the great harm and damage of the parties, to make them thus pay what they do not owe, and since the aforesaid evil should be remedied, they ordered, and they did so order, now and henceforth, that the said notaries and reporter, or either of them, shall not collect in any way, or in any case, the fees owed by one of the said parties from the others, but that each one shall pay what he owes. On account of not paying the total fees, the party who would wish his suit to be tried, shall not have it delayed; but, as soon as he has paid his share, his suit shall be despatched with all celerity. And they declared that they charged, and they did so charge, their consciences with this; and furthermore, that whoever shall disobey this decree shall be convicted and sentenced to pay a fine four times as great as the sum thus exacted, for his Majesty's treasury, in addition to the fines which those who exact excessive fees incur. By this act they so declared, ordered, and decreed; and that this act shall apply to any person whom it concerns.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the attorneys shall not speak in suits wherein they shall not have been authorized to do so._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of these Philipinas Islands declared that, whereas the attorneys of this royal Audiencia often take it upon themselves to speak and make allegations in suits in which they have no authority, and in which they have not appeared as parties to the said case, certain nullifications can be created--for which reason the said case may be brought again, and the parties thereto subjected to considerable injury and expense: therefore, to obviate the said injuries and other inconveniences of reconsideration, they ordered, and they did so order, that, now and henceforth, neither the said attorneys nor any one of them shall take it upon himself to speak, nor shall they speak in any suit or case, unless authorized therefor by the party in whose favor they shall speak, or unless he has proved himself to be a party to the suit--under penalty that he who shall disobey this decree shall incur a fine of four pesos of common gold, as soon as he shall be judged guilty thereof; three of them to be given to the royal hospital for Spaniards, and one to the bailiff in charge thereof. And under the said penalty, the clerk of court is ordered not to give any one of the said attorneys any suits or petitions, unless empowered thereto by the parties concerned. By this act they so ordered, declared, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that the evidence that the clerk of court cannot take be entrusted by commission of this royal Audiencia, and assigned by the members thereof, to the notarial commissioner of examinations._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas, conformably to the royal ordinances, all the evidences in suits and cases pending in this royal Audiencia, are committed to the clerk of court; and whereas, on account of the volume of business incumbent upon his said office, he cannot receive them all, and commits them to the notaries: therefore, because the aforesaid taking of evidence cannot be done unless authorized by this royal Audiencia, under the direction of its members, they ordered, and they did so order, that in regard to evidence which the said clerk of court cannot take immediately in interrogatories and petitions, by virtue of which such evidence must be taken, an act be passed by which his duty may be committed by this royal Audiencia and assigned by its members to a commissioner of examinations, the latter to receive and examine the said evidence, and to take the oaths of witnesses thereto. The said commissioner shall give a receipt to the parties for the fees which he shall collect from them for said evidence, and at the foot of the evidence he shall in like manner sign his name. The clerk of court shall not receive any fees for such evidence; and under no circumstances whatever shall the said evidence be taken in any other way, except as herein stated, under penalty that evidence given in any other way shall be null and void; and the commissioner receiving it shall incur a penalty of one hundred pesos of common gold, as soon as he shall have been judged guilty, the fine to be applied in equal parts to the royal treasury and court-rooms of this royal Audiencia. By this act they so declared, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that the officials of this royal Audiencia shall give bonds at the beginning of every year, and that likewise, they shall give them for the time during which they have already held office._

In the city of Manila, on the twenty-first day of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of these Philipinas Islands declared that, whereas, in order to conform to the decrees and provisions of his Majesty, and to be just with the parties entering suits, the officials of this royal Audiencia are under obligation to give bonds that they will undergo residencia for the right exercise and discharge of their duties, at the beginning of each year: therefore, because hitherto they have not given bonds for the time while they have exercised their said offices, and because they should give them, both for the aforesaid time and for the future, they resolved and ordered that the commissioners of examination, attorneys, assessor of taxes, collector of fines, deputies of the alguazil-mayor, and the prison warden of this court, shall each one of them, within fifteen days after being notified of this act, give safe and reliable bonds, before the undersigned clerk of court, that they will undergo residencia for the use and exercise of their offices, and pay everything which may be adjudged against them in the matter, and also in the suits which may be instituted against them. They are also warned that after the said term of office has expired, they shall exercise the said offices no longer, which shall be immediately declared vacant, and other persons appointed thereto. Likewise, within the said term and under the said penalty, they shall give bonds for all the time during which they have already exercised the said offices in the royal Audiencia, for which they have not given them. In the future, they shall be notified and ordered to renew the said bonds at the beginning of every year, under the said penalty. By this act they so provided, enacted, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that cases of twenty pesos or less shall not be brought to trial; and that the notary shall not take a larger fee than one-half peso from each party._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas so many suits involving twenty pesos or less are wont to be begun, and as much time is consumed therein as if they were affairs of greater magnitude, whence there results to the parties concerned great harm and damage by reason of the great cost and expense wasted therein, beside the long and tedious delays in the collection of their debts: therefore, to remedy that, they agreed and ordered that, now and henceforth, no trial shall be made of cases amounting to twenty pesos or less, unless they are briefly and summarily disposed of; and that the notary before whom they are brought shall not take for his fee more than four reals only from each party, even if they make many investigations in the matter--under penalty that all that they take above that sum they shall return to the parties concerned, together with four times as much for his Majesty's treasury. By this act they so provided, ordered, and decreed; and the notaries whom its fulfilment concerns shall be notified.

Before me:

_Pedro Hurtado Desquibel_

_An act concerning the order that the alcaldes-mayor are to follow in trying Indian suits._

In the city of Manila, on the twenty-first of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of these Philipinas Islands declared that, whereas his Majesty has ordered, in his royal decrees and ordinances, that the suits of the Indians shall be treated summarily, and that processes issued within the limit of the law shall not be so conducted that the said Indians waste their substance by incurring too heavy costs: therefore, in order that the royal will of the king our sovereign might be exactly fulfilled, they resolved and ordered that the alcaldes-in-ordinary and the alcaldes-mayor and other magistrates and notaries, in suits of the Indians, shall observe their instructions and the following articles.

First, when any Indian--whether man or woman--shall enter suit for liberty, or any other matter, against another Indian without giving a _traslado_, [3] the said magistrate shall order the Indian sued to appear before him and take oath as to the truth of the demands of the plaintiff. If he shall confess it, justice shall be done by settling the case; and if he deny it, the case shall be reserved for evidence within a short time, with obligation for publication and conclusion. The said magistrates shall order that, as soon as both parties name their witnesses, the latter shall be brought into court, and an oath taken from them to tell the truth, and they shall cause them to tell by word of mouth what they know. After they have thus testified, the substance of their depositions shall be recorded, in this form: "So and so of such an age, capable or incapable as a witness, said so and so under oath;" and the same shall be done with the other witnesses in the same order. The evidences of both parties being taken, and the time-limit having expired, a just finding shall be determined. If either of the parties appeal, the alcaldes-mayor shall hear them in the court of appeals; and the witnesses named by either party shall be subpoenaed, and shall give their evidence in the same form as set forth above, the case being admitted to trial within a short time, with obligation for publication and conclusion--at the expiration of which the process shall be sent to this royal Audiencia to be settled, the original parties being summoned for all trials, the time and place being appointed by the court.

Second. _Item_: If the suit be a criminal suit, the complaint and charge shall be received. If there is guilt, the person shall be arrested, and the prisoner's declaration taken. The charge shall be formulated against him, and the case admitted to trial within a short period, with obligation for publication and conclusion; and within the probatory limit the testimonies given in the preliminary process shall be verified, other new ones received, if there be any, and the defendant's plea taken. The time having expired, the case shall be decided. If any of the parties shall appeal, the original process shall be sent to the Audiencia; because in this way the said natives will avoid heavy expense and cost, and the cases will be more quickly decided. In criminal cases, no other form of process shall be used than that which is appointed for civil cases.

Third. _Item_: If the suit be to the amount of three pesos, or less, the judgment shall be so summary that only the substance of the whole matter is to be written, together with the decision, in a report. The original shall be retained by the notary, and if either of the parties shall desire an authenticated copy, it shall be given them as a safeguard of their rights. And in suits for the said amount, only one real, and no more, may be collected between judge and notary.

Fourth. _Item_: That if the judge shall attest the testimonies in any civil or criminal suit by flourishes and signatures that he may make, he cannot collect any fees; since there are none due him except for the acts that he shall draw up and sign.

Fifth. In order that the said instructions be exactly observed and fulfilled, they declared that they order, and they did so order, the alcaldes-in-ordinary and the notaries-public to be informed thereof, and testimony thereof to be sent to all the alcaldes-mayor, whose consciences they declared they charged, and they did so charge, with the fulfilment thereof. Furthermore, in the residencias which shall be taken from them, he who shall not have fulfilled this decree, or caused it to be fulfilled, shall be punished and with great rigor. So they provided, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that the alguazils-mayor and their deputies shall make the rounds every night._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas it has come to their knowledge that neither do the alguazils-mayor of this court and city, nor their deputies, make their rounds throughout the city, as they are under obligation to do--as a result of which, murders, robberies, and other lawless acts and crimes occur daily, to the great injury of the citizens: therefore, to remedy this state of affairs and provide this community with the necessary guard and order, they ordered, and they did so order, the said alguazils-mayor and their deputies to be notified that they must make their rounds during the night, as they are under obligation to do in this city, without fail, under penalty of a fine of ten pesos of common gold--to be applied, as soon as anyone shall be condemned for disobeying this decree, in equal shares to the two royal hospitals of this city--for the Spaniards and for the natives--in addition to the loss and interest to any parties which may result and occur. By this act, they so provided, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that there shall be in the courtroom, a list of the charges fixed by the royal tariff, and that each notary shall keep one in his house._

In the city of Manila, on the twenty-first day of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas the king our sovereign, in his royal ordinances, decrees and orders that a list of the charges fixed by the royal tariff be placed in the court-room, and that likewise each notary whom it shall concern shall keep a copy in his house, for its better observation and execution: therefore, in order that the aforesaid may be exactly fulfilled, they ordered, and they did so order, a complete copy of the said royal tariff to be made by this royal Audiencia. It shall be set forth in a list, and placed in the court-room; and all the notaries and persons mentioned therein, and those whom it may concern, shall make a copy, and keep the same in their houses and affixed to a tablet in some public place, where it may be seen by those transacting business. This they shall do and fulfil within one week after this act shall have been made known to them, under penalty of a fine of six pesos of common gold; and anyone incurring this penalty shall pay this sum immediately--half of which shall be set aside for the poor in the prisons, and the other half for the Spanish hospital in this city--beside incurring and undergoing the penalties contained in the said royal ordinances. By this act they so provided, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that within four months the royal officials shall close up the accounts held by the royal treasury._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas it has come to their knowledge that in the royal accountancy of the king our sovereign there are, at this very day, many accounts to be balanced and closed of individuals who owe the royal treasury a large sum of gold pesos, and others to whom money is due--whence has resulted, and results, the lack therein of the system and management which should be observed in the said royal exchequer: therefore, in order that on this account no losses may result, and that the matter may receive its due consideration, they ordered, and they did so order, that the official judges of the royal treasury of the king our sovereign, in these islands, within the four months first following the day on which they shall have been notified of this act, shall balance and close each and every account that the royal treasury holds with any individuals of these islands. They are warned that whoever shall not so fulfil and execute his orders, after the expiration of said time, will be charged with everything, and ordered to pay all accounts not balanced and liquidated. By this act they so declared, ordered and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that all the officials of the royal Audiencia shall take copies of the royal ordinances._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas, in one of the royal ordinances, it is ordered that all the officials of this royal Audiencia, and other persons whom they concern, shall keep in their possession a copy of the said ordinances; therefore they ordered, and they did so order, that within thirty days after the publication of this act, each of the said officials shall take a copy of the said royal ordinances and keep it in his possession; and each one, so far as he is concerned, shall observe and execute them, as his Majesty orders therein, under the penalties therein contained--under the penalty that if, after the expiration of said time, the said copy has not been made, they shall be immediately convicted and fined in the sum of six pesos of common gold, the latter being applied to the court-rooms of this royal Audiencia. By this act they so declared, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that no alcalde-in-ordinary, notary, commissioner, attorney, or any other official of this royal Audiencia, or of the ordinary court, shall go outside this city without license._

In the city of Manila, on the twenty-first day of the month of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas the alcaldes-in-ordinary of this city, notaries, commissioners, attorneys, and other officials, both of this royal Audiencia and of the ordinary court, whenever they see fit, leave the city without license--whence results much harm to the litigants, on account of the delay and unsatisfactory conduct of their business, beside many other inconveniences resulting therefrom: therefore, to remedy this evil, they decreed and ordered that, now and henceforth, no alcalde-in-ordinary, commissioner, attorney, notary-public, or other official of this royal Audiencia or of the ordinary court, shall go anywhere outside of this city, without the express permission of this royal Audiencia, under a penalty of a fine of six pesos of common gold, in which sum anyone adjudged guilty of the contrary shall be immediately fined--one-half for the poor in the prison, and the other half for the poor in the Spanish hospital--beside the loss and interest which may result to the parties concerned on account of the delay in justice. By this act they so proclaimed, ordered and decreed.

Before me:

_Pedro Hurtado Desquibel_

_Ordinances and laws for the Sangleys._

We, the president and auditors of the royal Audiencia and Chancillería of these Philipinas Islands. Whereas it has been learned by experience in this city that the Sangleys residing in the islands and their neighborhood have had and maintain among them a custom of practicing, and they do practice an abominable sin against nature, not only with the Chinese, but with the Moro and Indian boys of these islands, by which God, our Lord, is greatly disserved; and, whereas, the said Chinese have had and have the habit and custom of bringing from China, or making in this city, money of base metal, and they pare and clip the royal money, to the great fraud and injury of the royal exchequer; and although they have seen that some are punished for this, they have not taken warning; and whereas, the said Sangleys, who are infidels, ally themselves with the Christian Indian women, and have lawless carnal intercourse with them; and whereas, besides the aforesaid crimes, the said Sangleys are wont to buy from slaves and Indians golden jewels, trinkets, clothes, and other articles which are stolen: therefore, to supply a remedy for all that, and in order that such crimes and disorders shall cease, now and henceforth, we command the following orders to be observed in everything.

_Laws._--First, we ordain and command that none of the said Chinese Sangleys, or any other persons whatsoever, shall commit or practice the said abominable sin against nature, or try to commit it. Whoever shall do so shall incur the penalty of being burned alive by fire, beside having all his goods confiscated to the treasury of his Majesty.

_Item_: We ordain and command that none of the said Sangleys shall dare to make or coin any sort of silver or gold money, or of any other metal, nor shall they clip or scrape money already made, or make use of it, under the penalties contained in the above ordinance.

_Item_: We ordain and command that none of the aforesaid shall cohabit or have carnal intercourse with any [Spanish?] woman or Christian Indian woman, under the penalty that, in such case, he shall incur a punishment of two hundred lashes and ten years in the galleys, as criminals sentenced to row, without pay, and of the confiscation of one-half his property, to be applied as above stated.

Further, we ordain and command, that none of the said Sangleys, for any reason or consideration, shall buy from negro slaves or freemen, Indians or mulattoes, any gold jewels, trinkets, garments, or any other articles which they sell; but when the said Sangleys go to them, they shall arrest them and take them before the magistrate, under penalty that whoever shall disobey this decree shall fall under and incur the penalties incurred by robbers, and said penalties will be rigorously executed on their persons and goods.

And in order that the aforesaid shall be observed and executed without remission of penalty, and so that no one may pretend ignorance, we order that these ordinances shall be publicly proclaimed in the public square, in all other public places of this city, in the Sangley Parian, and in the village of Tondo, in order that everyone may know of them; and in each one of the said places a copy of them, written in the Chinese language, shall be posted. No person shall dare to remove the said placards, under penalty of two hundred lashes. We order all the alcaldes-mayor of the environs of this city to have them published and made known to the natives. We request and charge all the religious to give instructions to the said Indians, and cause them to understand these laws and ordinances, and the penalties attached thereto. Given in the city of Manila, on the twenty-sixth of January, one thousand five hundred and ninety-nine.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_ The licentiate _Albaro Çambrano_

By order of the royal Audiencia:

_Pedro Hurtado Desquibel_

_That the official judges shall not grant collections to any collectors who have not rendered an account and payment of collections that have been in their charge._

In the city of Manila, on the twenty-seventh of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas it has come to their knowledge that the official judges of the royal exchequer of the king our sovereign, in these said islands, grant commissions to certain collectors to make collections from the encomiendas that pertain to his Majesty's royal crown, who, by virtue thereof, make the collections; and that it often happens that, without their rendering any account and payment of them, the said officials again grant them commissions to make the collections, to the great harm and prejudice of the royal exchequer, from which many difficulties may result: therefore, in order to correct the aforesaid evil, they ordered, and they did so order, that the official judges, now and henceforth, shall under no consideration grant commissions to any collectors to make any collections for the royal exchequer and crown, without their having rendered account and payment of former collections entrusted to them--under penalty of paying out of their own pockets what such collectors shall appear to owe the royal estate, as soon as such is evident, besides undergoing and incurring a fine of two hundred pesos of common gold (this fine to be applied to the royal treasury of the king our sovereign), to which sum, from that moment, they declared that they condemned, and they did so condemn, any one who should disobey this decree. By this act it was so provided, ordered, and affirmed.

_Don Francisco Tello_

The other honorable auditors signed the above.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the clerk of court shall bring to the first meeting a minute of the fiscal suits._

In the city of Manila, on the twenty-eighth of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas in the archives of the office of the present clerk of court, many fiscal suits are pending, as well as others which have been concluded, in which his Majesty's royal office is interested; but, not knowing which ones are concluded, the others are not concluded and finished: therefore, in order that those that are concluded may be known and settled, they ordered, and they did so order, me, the undersigned clerk of court, to bring a copy and minutes of those that are concluded, and [of the suits now pending,] to the next session which shall be held, in order that they may examine them and provide what is most advisable therein. By this act it was so provided, ordered, and decreed.

_Don Francisco Tello_

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that a book be made in which to enter the fines applied to the poor of the prison and other pious works, and to the courts, and the manner of their distribution._

In the city of Manila, on the twenty-eighth of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas the aforesaid Audiencia imposes certain fines of small amounts, some of which are applied to the poor of the prison, and others to the courts and other pious works: therefore, because it is advisable that there should be an account and report of these moneys, and of their source and the manner of their distribution, they ordered, and they did so order, a book to be made in which to enter the said penalties, applied as aforesaid, with the day, month, and year, in what cases they are imposed, and likewise a report of how they are expended and distributed; and this shall be done with all clearness, so that the aforesaid may be evident for all time. This act is to be placed at the beginning of said book. So they provided, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing the collection of all the debts which are in any way owed to the royal treasury of the king our sovereign._

In the city of Manila, on the thirtieth of January, one thousand five hundred and ninety-nine, the president, and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas the licentiate Geronimo de Salazar y Salzedo, fiscal of this royal Audiencia for his Majesty, has made them a report, declaring that the royal treasury of the king our sovereign, in these islands, cannot succeed in paying many of its debts, on account of failure to collect many that have been due it for some time past; and has besought and supplicated them to order that the royal official judges shall, within twenty days, exert all possible diligence to collect everything that is due the said royal treasury for any reason whatever: therefore, in order to provide a remedy for the aforesaid difficulty, they ordered, and they did so order, that the said official judges should be notified that, within the two months next following the date on which this act shall be made known to them, they shall collect all the debts that are in any manner owed to the royal treasury, from all and any persons whatsoever, and from their goods, exerting therein all necessary diligence. They are to proceed with the necessary rigor to do this effectively, being warned that if they do not collect the said debts, to be liquidated within the said period, all that shall remain uncollected they will be obliged to pay out of their own property. For the debts which shall not have been liquidated, they shall observe and execute the act of this royal Audiencia, which has been made known to them, under the penalty thereof. By this act they so provided, ordered, and decreed.

[No signature.]

_An act decreeing that it shall be proclaimed in this city, in the public places thereof, that within three days all natives residing therein, not servants or otherwise employed, shall leave this city._

In the city of Manila, on the eleventh of February, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas the licentiate Geronimo de Salazar y Salzedo, his Majesty's fiscal in this royal Audiencia, protector of the natives of these said islands, has made a report to the effect that there are many natives who are vagabonds in this city, as a result of which they fall into various vices dangerous to this community; and that rice and other provisions have become high-priced and scarce; and as a remedy, he has requested and petitioned the aforesaid president and auditors to provide in this regard what is most advisable: therefore, they declared that they ordered, and they did so order, that, within three days from the date of this act, it shall be proclaimed to all and whatever natives are and reside in this city, who are not employed as servants to the Spaniards, or in some known occupation, that they must leave the city and return to their own villages, to remain and live therein. Nor shall any other, now and henceforth, remain in this city, under penalty, to anyone who shall disobey this decree--for the first time, of one hundred lashes; and for the second offense, one year of service at the oar in his Majesty's galleys, without pay--on whom they declared that, as soon as they condemned them (and they did so condemn them), the said penalty shall be executed without leniency. In order that it may come to the notice of all the said natives, and that no one may pretend ignorance, this act shall be proclaimed in the Tagal language, in this city, in the public places thereof, and in the hamlet of Tondo, and testimony shall be taken thereof. Thus they declared, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act concerning the order which the alcaldes-in-ordinary and the alguazil-mayor of this court must observe in their seats._

In the city of Manila, on the fifth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas some dissensions and difficulties have occurred between the alcaldes-in-ordinary of this city and the alguazil-mayor of the court of this royal Audiencia, in the churches and public places where they have met, in regard to the seats and places which each shall occupy, and their precedence--so that it has resulted in their coming to blows, to the great scandal and indecorum of their offices, and particularly in contempt of this said royal Audiencia: therefore it is necessary in this matter to provide some regulation to be kept and observed in like cases by the aforesaid officials, so that the said disturbances shall cease. In order that the said alcaldes-in-ordinary of this city shall keep their known seats and places, and that they may be separate from the said alguazil-mayor and from the ministers of this said royal Audiencia, they declared that they ought to order, and they did so order, that, when the alguazil-mayor of this court shall be present in any of the churches of this city, without the president, auditors, and fiscal, or any others whom he might join, he shall not take any seat or bench belonging to the alcaldes-in-ordinary or regidors (nor shall any other individuals occupy them, or sit in them, or intrude themselves among them in any part or place that shall be given them), but shall place and keep his chair and seat in some distinct and fitting place, as does the president, the Audiencia, or any of the members thereof. Likewise, in the processions and parades through the streets, funerals, betrothals, passage of retinues, and other like occasions on which the towns-people gather, the said alguazil-mayor of the court, finding himself alone, without any of the aforesaid persons whom he might accompany, shall refrain from going in company with them [the alcaldes] in any manner--whether invited, or of his own accord; whether the city's alcaldes go as a municipal body, or as individuals to such functions; or whether they are not present at them. Meantime the question is being considered and consulted as to what is to be done and observed in all the above matters, and what it is advisable to do in the future, and whether this royal Audiencia should make any further provision. All the above shall be observed and fulfilled by the said alguazil-mayor of the court, and the alcaldes-in-ordinary of this city, without their having any wrangling or differences, or any scandal--being warned that, if they do so, proceedings will be instituted against the guilty persons who violate the order; and they shall be punished to the full extent of the law. By this act they so voted, ordered, and decreed.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the taxing officer of this royal Audiencia shall be notified to fix the costs in the suits, either personally, or by some other intelligent person whom he shall name for this purpose._

In the city of Manila, on the sixteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas it has come to their notice that the taxing officer of this royal Audiencia does not fix the costs in the suits that are brought there: therefore, because it is advisable that the above officer fulfil the obligation of his office, as his Majesty ordains and commands, and that the inconveniences which arise from this be avoided, they ordered, and they did so order, that the said taxing officer should be notified that, now and henceforth, in whatever processes shall be brought for consideration in this royal Audiencia, whether definitive or under any plea whatever, the costs shall be fixed by him (thus complying with the tenor of the royal ordinance treating of this matter), either personally, or by some other intelligent person whom he shall designate for the said purpose, and shall appoint in his place, who shall be a person fit for the said service. They ordered the clerk of court of this royal Audiencia to be present at those suits which shall be brought for consideration in the manner above mentioned, before the said taxing officer, in order that he may fix the costs therein; and, regarding the aforesaid, they charged one another's consciences. By this act they so voted, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that Doctor Antonio de Morga shall take the residencia, for the months of January and February, of the deputy regidors, within the limit of ten days._

In the city of Manila, on the sixteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas, for the past months of January and February of the present year, up to the present time, no residencia for the use and exercise of their offices has been taken of the deputy regidors of this city, it is fitting and necessary that it be taken immediately: therefore they appointed, and they did so appoint, Doctor Antonio de Morga, auditor of this royal Audiencia, for a term of ten days, to take the said residencia for the said months of the said appointed regidors, who have filled their said offices, proceeding therein as the king our sovereign decrees and commands in his royal ordinance. For this they granted him the authority and commission as fully as is required by law. By this act they so voted, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_.

_An act decreeing that Doctor Antonio de Morga, auditor of this royal Audiencia, shall audit the accounts of the city for the past year, 1598._

In the city of Manila, on the sixteenth day of the month of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas the auditing of the accounts of this city for the past year, one thousand five hundred and ninety-eight, was committed to the licentiate Albaro Çambrano, late auditor of this royal Audiencia (whom may God keep in His holy glory!), and because by his end and death the auditing, continuation, and balancing of the accounts, as his Majesty orders and commands in his royal ordinance, have been neglected: therefore, they appointed, and they did so appoint, in place of the said licentiate Alvaro Çambrano, Doctor Antonio de Morga, auditor of this royal Audiencia, to audit the said accounts, and to continue and finish them according to the order given to the said licentiate Albaro Çambrano--for which, they granted, and they did so grant, him authority and commission as fully as is required by law. By this act they so voted, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that, on account of the end and death of the licentiate Albaro Çambrano (whom may God keep!), the licentiate Tellez Almaçan is to continue, close, and complete the accounts of the royal exchequer._

In the city of Manila, on the sixteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, whereas the licentiate Albaro Çambrano, late auditor of this royal Audiencia (whom may God have in His holy glory!), to whom was assigned the auditing of the accounts of his Majesty's royal exchequer--which are at present being audited by the royal judicial officials--is now dead and passed from this present life: therefore, in order that on this account the auditing may not be delayed and fail of prosecution, as is fitting, and as the king our sovereign commands in his royal ordinance, in place of the licentiate Albaro Çambrano they appointed, and they did so appoint, the licentiate Tellez de Almaçan, auditor of this royal Audiencia, to continue, close, and finish the said auditing, according to the commission given to the said licentiate Albaro Çambrano, for which they gave him commission in legal form. By this act, they so voted, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that the city shall give information regarding its place of seating in the cathedral of this city._

In the city of Manila, on the sixteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands declared that, in order to assign to the cabildo, magistracy, and administration of this city the place of seating that it must keep in the cathedral: in order to ascertain the custom hitherto followed in the aforesaid matter, and in order to provide what is necessary concerning it, they ordered, and they did so order, the said cabildo, magistracy, and administration of this city to give an account of the part and place in which it has been regularly seated in the cathedral of this city--both in the time when the royal Audiencia formerly resided in these islands, and after his Majesty ordered it to be suppressed--in order that, upon examination, the necessary provisions may be made. By this act they so voted, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act concerning the royal magazines._

In the city of Manila, on the eighteenth of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands, having examined the opinion of the official judges of the royal exchequer of these islands, on the question of building magazines in which to store the merchandise coming from China to this city, and having investigated other matters connected with the aforesaid, and further matter which is contained in the decree of the king our sovereign, ordering that this said Audiencia attend to the matter: they declared (in conformity with the opinion of Joan de Bustamante, accountant of the royal exchequer) that at present, and until experience further shows what it is most advisable to enact in this matter, the said Chinese merchandise shall be registered and appraised on the same vessels on which it was brought, as has been done hitherto. In order that there may be good accounts and reports, and less opportunity for fraud in the royal customs, they ordered that the official judges of his Majesty in these islands, as soon as each ship enters this harbor and anchors therein, shall go out to inspect it, registering and appraising all the merchandise and other things in the cargo. They shall exert diligence in the matter and make their inspection with the punctuality advisable, so that the said merchandise, or any part of it, may not be discharged or concealed. In order that this may be enforced more effectually, the necessary guards shall be placed on the said ships and in the bay, who are to be trustworthy persons, to the satisfaction of the said president and auditors of this royal Audiencia, by whom they shall be approved and appointed, The said official judges shall have, as a reward for their occupation and labors, one third part of the confiscations which are levied upon any merchandise found and seized because it had been hidden on the said ships, or withdrawn from them without registration or appraisal. They shall also be charged that they shall not allow or consent that, while the said merchandise is on the said ships, either the royal officials or their assistants, or any other person--Spanish, Sangley, or native--shall take, buy, or transport the said merchandise in large or small quantities, for cash or on credit; but that the merchants thereof, who brought the merchandise from China on the said ship, after making registry and appraisal, may take them ashore freely and where they will, without any obstacle or hindrance from anyone--with the warning that, if any one of them do not so observe and fulfil this act, he shall be proceeded against with the full rigor of the law. They ordered that a commission, in due form, be given to the said guards, both in order that they may wield the authority of justice, and that there be no other guards but those who are so nominated by this royal Audiencia; those hitherto acting as guards shall exercise the said duty no longer, under the penalties incurred by those who so act without power or commission in the matter. This act shall be made known to his Majesty's officials, and the chief clerk of mines, and the regidors, for those who are at present guards; and it shall be added to the other acts and investigations made by virtue of the said royal decree of his Majesty. By this act, they so voted, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that tribute be collected for the king, our sovereign, from all the Indians found settled and dwelling in this city and within its bounds, who belong to his Majesty's encomiendas._

In the city of Manila, on the twenty-second of March, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands examined the petition of the licentiate Geronimo de Salazar y Salzedo, fiscal for his Majesty in this royal Audiencia, that the collectors of the royal tributes of the king our sovereign, in this city and its environs, may collect tribute from all the Indians who are found therein, notwithstanding any obstacle or excuses whatever which may be offered by the said Indians, or by any encomenderos. Considering that for many years the Indians have dwelt and resided in this city, and that their tribute belongs and pertains to his Majesty, they declared that they ordered, and they did so order, that the collectors of the royal tribute shall collect their tributes from all the Indians found settled and dwelling in this city and within its bounds, who belong to the encomiendas of his Majesty. The said Indians shall not pay other encomenderos, nor shall such encomenderos collect any tribute from them, under penalty of returning to the said Indians what they shall have collected from them. In order that the provisions of this act be observed, enforced, and executed, they ordered it to be publicly proclaimed in this city and its limits, in both the Tagal and the Castilian languages. They committed the execution and enforcement of it to the official judges of the king our sovereign in these islands. The aforesaid president and auditors also ordered that, if any persons claim to have any right contrary to the matter herein contained, they are to appear before this royal Audiencia, to petition before it for whatever is fitting in their case. By this act they so voted, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that the alguazils, as soon as they arrest delinquents, shall give notice thereof to one of the auditors and to the commissioners, who shall formulate their cases and bring them to the office of the clerk of court._

In the city of Manila, on the third of April, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas it is continually happening that the alguazils of this court arrest delinquents whose cases the notaries and commissioners undertake, and, without giving notice to the aforesaid president and auditors, or taking such cases to the office of the present secretary, they allow them to remain in their possession, and the said prisoners to remain in jail, without any note or account of their imprisonment, whence result vexations to the said prisoners, and the said alguazils and commissioners do not fulfil the obligation which rests upon them: therefore, to find a remedy for this and other annoyances which may result from it, they ordered, and they did so order, that now and henceforth, as soon as the said alguazils shall arrest any delinquent, they shall give notice thereof to one of the above-mentioned persons, in order that he may take the fitting action in regard to the said imprisonment. Any commissioner who shall undertake the cause of said prisoner or prisoners shall immediately take it to the office of the present clerk of court, so that in this manner there may be the necessary system. Whatever one or the other may do shall be despatched with all promptness and punctuality, and no favor--under penalty of a fine of six pesos for anyone who shall disobey this decree, to be given the poor in the prison. By this act they so voted, ordered, and decreed.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almaçan_

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the royal officials shall give Doctor Antonio de Morga three hundred pesos from treasury fines, for ornaments and other things necessary for the chapel._

In the city of Manila, on the tenth of May, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia and Chancillería of the Philipinas Islands, being in session, declared that, whereas the chapel of this royal Audiencia is in great want and need of many things that are very necessary and indispensable, for its vestments, decoration, and furniture; and whereas, through lack of money, the said needs have not as yet been supplied: therefore, to make provision for them, they ordered, and they did so order, that the official judges of the royal exchequer of the king our sovereign, in these islands, shall, from any treasury fines in their charge, immediately give and deliver to Doctor Antonio de Morga, auditor of this royal Audiencia, three hundred pesos of common gold, which he shall expend in providing the said chapel with the things most necessary for it, systematically and carefully. They ordered that he be given a warrant for the said purpose, in due form. By this act, they so voted, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that secretaries of this court and government may be attended by slaves with swords._

In the city of Manila, on the thirteenth of May, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the Philipinas Islands declared that, whereas, in conformity with the decrees and ordinances given by his Majesty for his royal Chancillería of Nueva España, residing in the City of Mexico, and for other audiencias throughout the Yndias, he orders that secretaries of the court and the government shall have, as a retinue and guard, slaves with swords, conformably to the dignity and gravity of their office: therefore, in order that the same be done in this court, in regard to the secretaries of this court and government, and in order to preserve the preeminence and exemptions which they may and should enjoy here, they ordered, and they did so order, that, now and henceforth, the said secretaries of this court and government may freely bring into this court, as their retinue, the said slaves with swords, according to the usual custom in the said royal Chancillería of the City of Mexico, and other chancillerías of the Yndias, without the interposition--by any person, of whatever estate, quality, or rank--of any hindrance or impediment whatever, under the penalties provided by law. Thus they voted, and ordered it to be recorded as an act, and signed it in my presence.

_Pedro Hurtado Desquibel_

_An act decreeing that the Sangleys shall not be allowed to have godchildren, on account of the injury which may result therefrom._