Part 18

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.

26. _Item_: We command that the president and auditors of our Audiencia shall be present on every day that is not a holiday, in the court-rooms, to hear the statement of cases [_relaciones_]--three hours on the days when cases are not heard [_no de audiencia_] and four hours on days when hearings are given [_de audiencia_], according to the rules of our audiencias of Valladolid and Granada. He who is absent without sending a sufficient excuse shall be fined half his pay for that day, by the person whom the president shall appoint, whose report in the matter shall receive faith and credit, so that no auditor shall hold or try the said cases in his own house without being joined with all the others, as has been said with regard to the said Audiencia, to hear and determine pleas and matters brought before it.

27. _Item_: No auditor shall sit when a suit is begun that will affect him, his sons, fathers, sons-in-law, or brothers, or when he shall be challenged. As regards the penalty for challenging our president and auditors, the ordinances of Madrid shall be followed, the fine contained therein being doubled.

28. _Item_: Our president and auditors shall have no authority to bring before our Audiencia in the first instance any suit of their own, of their wives, or of their children. The said suits shall be tried by the alcaldes-in-ordinary, and shall come on appeal before our council of the Yndias if the case involves a thousand pesos or upwards. If the other party to the suit desires to appeal to our Audiencia and not to the council, he may do so; but the auditor, his wife, and his children shall have no such right of choice.

29. Further: The said auditors shall not appear for others in the said Audiencia or in any other, nor shall they undertake to arbitrate cases that may come before them, except that cases already begun may be submitted to all the auditors of the Audiencia for arbitration, and except where our permission may be given--under penalty of being suspended from the Audiencia for thirty days and losing salary for two months.

30. Our said president and auditors shall have no share with an advocate or commissioner [_receptor_] in his fees or salary. Nor shall they have the right to receive anything but food from any corporation or individual, or other person, who shall have been interested in a suit within a year previous, or who shall expect to be so interested, and the same as to their wives and children--under the penalty for forswearing, besides loss of office, being rendered incapable of holding any other office, and being required to pay double for what they have taken. They shall take great care not to converse much or be very familiar with advocates or attorneys who are pleading cases.

31. _Item_: We command that our president and auditors shall not be engaged in military expeditions, or expeditions of discovery, without my express command. They shall have no income-bearing estates [_granjerias_] either in cattle or in arable land, or in mines. They shall carry on no mercantile business by themselves, or in partnership, or through intermediaries; nor shall they avail themselves of the services of Indians in procuring water or wood or grass, or for other purposes on pain of being deprived of their offices.

32. _Item_: There shall be appointed to no position as corregidor or other officer of justice the son, brother, father-in-law, son-in-law, or brother-in-law of any president, auditor, or fiscal of our audiencias; and if any one shall be so appointed he shall not perform the duties of the office, under a penalty of a thousand pesos of gold for our treasury.

33. _Item_: We command that when any person desires to bring any suit or action against any of our auditors he may do so before our said Audiencia, or before the alcaldes-in-ordinary, and he may appeal from the said alcaldes to the said Audiencia.

34. _Item_: We ordain that when any auditor is offered as a witness the Audiencia shall appoint a magistrate, in order that the rights of the parties may not be lost for want of evidence; and they shall give direction that he is to give his testimony, unless it shall appear that he is offered as a witness maliciously to prevent him from acting as judge in the case.

35. _Item_: We command that an auditor who goes on a tour of inspection shall receive no more fees than are ordained and commanded to be given him, and shall accept nothing from Indians or Spaniards except food, on penalty of repaying it fourfold.

36. _Item_: We command that our president of the said Audiencia shall try criminal charges against the auditors thereof jointly with the alcaldes-in-ordinary, notwithstanding the ordinance to the contrary.

37. Further, in case of inability of the president of the said Audiencia of such nature that he cannot carry on the functions of government, the Audiencia itself shall assume the government and do all that he had authority to do--the senior auditor filling the office of president, and taking charge of the other matters committed to the president until we make provision in some other manner.

38. _Item_: We command that our said president shall not have authority to give permission to the auditors of the said Audiencia to come to these realms without our express command.

_Affairs of government_

39. _Item_: We command that in our said Audiencia there shall be a record for affairs of government, in which our auditors shall register the votes that they give on affairs of government.

40. _Item_: We command that our president of our Audiencia shall send once a year to our Council of the Yndias an extended and detailed report, attested by his signature, of the salaries, payments, fees, and allowances paid in this territory from our royal treasury to all persons whatsoever, and shall state how much was paid to each, and for what reason. And he shall give a list of the corregidorships, stating in it to whom the appointment is given by our warrant [_cedula_], and to whom by order of our president and Audiencia, and for what reason; and he shall report on the qualifications and merits of each person, the amount of fees that each one receives, the amount of salaries in each corregidor's district, and the persons appointed in each district, and their qualifications. He shall also state the nature of their service, and how long it is since they were appointed to the said offices. The same reports shall be made by our fiscal and our officials of the royal treasury.

41. _Item_: We desire that one of our auditors, each in his turn, shall make a visit of inspection once a year to the villages of the district of the said Audiencia, and to the inns and, apothecaries' shops, seeing to it that the inns shall have fixed lists of rates. The medicines and other things in the apothecaries' shops which he discovers to be spoiled he shall pour out and not permit to be sold. On the same visit to the provinces of his district he shall inform himself as to the nature of the soil, the amount of the population, and the best means of supporting the churches and monasteries required. He shall observe what public buildings arc needed for the good of the towns and the better traveling of the roads. He shall find out whether the natives perform the sacrifices and commit the idolatries to which they are accustomed, how the corregidors perform their duties, and whether the slaves that go to the mines are instructed in doctrine as they ought to be. He shall ascertain whether the Indians support themselves, or whether they are made slaves, contrary to that which is ordained. And he shall inform himself in a compendious manner with regard to everything else requiring his attention. The said auditor shall have warrant to attend to matters in which delay would be dangerous, or which are of such a nature that they do not require greater deliberation. He shall remit to the Audiencia the other cases to which he is not obliged to attend. For the acts aforesaid shall be given to the auditor the warrant of the decree dealing with inspections.

42. _Item_: We command that our said president shall grant no fee, office, corregidorship, or other source of profit by which means of support may be gained, to any man who has Indians in encomiendas.

43. _Item_: Our said president and auditors shall suffer no merchants to set upon their wares prices higher than those by us ordained and commanded.

44. Further: Whensoever the citizens and inhabitants of the district of our Audiencia shall be summoned by the said Audiencia they shall obey the summons in peace and war, as by our president and auditors shall be commanded; and they shall do and fulfil all that on our behalf they say and command, and they shall give them all aid and comfort which they desire--under penalty of infamy, and the other penalties incurred by vassals disobedient to their king and lord.

45. _Item_: Any person who desires to petition us for any favor for services not performed in our Yndias shall first make his declaration before the Audiencia in whose district he may be, and the Audiencia shall make an official report of the services performed, and of his character. This report, folded and sealed, with their opinion at the foot thereof, shall be sent in duplicate to our council, without being shown to the person interested. And if the person interested desires to make a report for himself, they shall receive and transmit it.

46. _Item_: We command that in each and every case when any towns or individuals of their district appear before our Audiencia to petition for license to make repartimientos, the Audiencia shall grant the license which seems to them due, but only so far as concerns suits pending before the said Audiencia, and for public works for which no other maintenance is provided, and for no other purpose. The said license in the aforesaid cases shall be granted, if such towns have no endowments [_propios_].

47. _Item_: When any one shall petition for an assignment of any town lots or agricultural lands in the city or town where our Audiencia shall reside, then after conference in the cabildo, notice of the judgment of the cabildo shall be given to our president, by means of two regidors deputed therefor. And when they have made their examination, that upon which the president together with the two deputies shall determine, shall be carried out, being attested by all in the presence of the clerk of the cabildo, that he may record it in the council-book. Petitions for assignments of lands and waters for machinery shall be presented before the president, who shall transmit them to the said cabildo that they may confer thereon. They shall return them by a regidor, who shall report their conclusions, so that after examination the president may determine that which is fitting.

48. _Item_: Our said president and auditors shall cause to be made a record-book in which shall be entered the names of citizens of this territory, the service performed by each one, and the reward received by him, either in money, by way of fees, or in other ways, or by appointment, and to what offices. The said record shall be kept with great care, together with the record of votes, so that when any person makes a statement of services before them they may report their opinions in his case.

49. _Item_: We command that our Audiencia, at the end of the two months during which the two regidors appointed as inspectors of weights and measures have served, shall receive from them an account of their service.

50. _Item_: We command that our Audiencia shall have authority to order the execution of the ordinances made for the provinces under their jurisdiction, after being filed by them, and during the time while they are being sent to us for confirmation.

51. _Item_: That an auditor every year by turns, beginning with the most recently appointed, shall audit the accounts rendered by the cabildo of the city where our Audiencia shall reside.

52. Further: When the president and auditors shall be about to allot the lands, waters, watering-places for cattle, and pastures of any town, city, or village, among the persons who are to be settled therein, they shall do so with the counsel of the cabildos thereof, taking into consideration that in such allotments the regidors shall be preferred, provided they have no other allotments of arable lands or dwelling-lots. Let such allotments be made without prejudice to the Indians, retaining for them their arable lands, gardens, and pastures, so that all shall be cared for.

53. _Item_: We command that our president and auditors shall appoint no administrative or notarial official, or fill any other permanent office, even if it be vacant by resignation; nor shall they make such appointments in the interim before we appoint.

_Ecclesiastical cases_

54. _Item_: We ordain and command that our auditors of our Audiencia, in cases of unlawful procedure on the part of ecclesiastical judges [48] shall follow the procedure by and according to which in these our realms the audiencias of Valladolid and Granada proceed, without extending it further than is practised in our said audiencias.

55. _Item_: We command that our said Audiencia, governors, and other magistrates of their district shall ascertain and know if in those regions there are any persons who have letters of authorization or apostolic bulls to take possession of the property left by the archbishops who may die in those regions, or of the vacant bishoprics. When it is known who has them, let him cause them to be brought accordingly. First of all, let them appeal from such persons before his Holiness, nor give nor allow opportunity for them to be used in any manner, nor for possession to be taken of the said property or vacant bishoprics. They shall not do, or permit to be done, any other acts in prejudice of the rights and usages with regard to bishoprics to which we are entitled with respect to this matter, or in prejudice of the immemorial custom that possession shall not be taken. And such authorizations and bulls thus obtained you will send in their entirety, in the first ships, to be presented before the members of our Council of the Yndias, together with the appeals which shall have been taken with regard to the matter.

56. _Item_: When there shall be doubt with regard to the signification of anything in the contents of an ecclesiastical appointment, or as to the requisite collation at the hands of the bishops of benefices for the clergy whom we present, let the president of the Audiencia decide it.

57. And when in our said Audiencia the aid of the secular arm is asked for by the prelates and ecclesiastical judges, let them plead by way of petition and not of demand.

58. _Item_: Our Audiencia and the other magistrates of our said district shall see to it that in the towns which are not populated by Spaniards no bulls shall be published. They shall not permit Indians to be compelled to hear the preaching of them, or to receive them. Those which are published from the pulpit shall be published in the Spanish language. We also give the same command to the commissaries of the holy crusade. [49]

_Royal treasury and its officials_

59. _Item_: We also ordain that the suits of our royal treasury be examined and decided before any others that shall be before the Audiencia; and that our fiscal shall take care to prosecute them, and to report to us what is done therein.

60. _Item_: Our president with two auditors at the beginning of each year shall audit the reports of the officials in charge of our royal treasury for the previous year; and the said officials shall finish them within the months of January and February. When they are completed they shall send a transcript thereof to our Council of the Yndias. We also command that at the end of the said two months, if the said accounts are not completed, the officials of our royal treasury shall receive no salary until they finish them; and each of the auditors who shall thus be ready to receive the said accounts shall have as a fee twenty-five thousand maravedis.

61. _Item_: The judicial settlement [_remate_] made with regard to auctions by our royal treasury must not be made without the consent of the majority of those appointed therefor, even when the auditor who shall be present desires it. Further, at such sales and settlements shall be present our fiscal with said officials, who shall sell nothing in his absence.

62. _Item_: We command that at the time when the auditing of the accounts of our royal exchequer by our president and auditors shall begin, in conformity with the decree given thereon, they shall go first of all to our royal treasury and weigh and count the gold and silver and the other things therein. They shall make a record thereof, and immediately begin the accounts; and when they are completed the balance shall be collected within the time required by the said decree, and shall be placed in the chest of the three keys, orders being given that the balance of the preceding year shall not be made up by the collections received during the auditing of the accounts.

63. _Item_: When the officials of our royal exchequer shall have need of absenting themselves from the city where they reside, they shall not have authority to do so without license from our president, who shall give it for a short time, to a destination within those regions, and no more. There shall be designated, in the place of the official on leave, a person suitable therefor in the judgment of the said president. And if the said official absents himself in any other manner he shall lose his position.

64. Further: At the time of the making up of the accounts of the tithes, for distribution according to the ecclesiastical appointments, there shall be present thereat an auditor.

65. _Item_: We command that no salary be paid from our royal exchequer, or from fines, to the judges in cases of residencia, or to criminal judges [_pesquisidores_] commissioned by our Audiencia.

66. _Item_: We desire that there shall be a record of all the suits and transactions of our royal exchequer; and that every Thursday in each week (and if that shall be a holiday, on the day before), after dinner, the senior auditor with our fiscal and the officials of our exchequer, and one of the clerks thereof, shall discuss article by article the said suits and transactions by means of the said record, considering the state in which they are and how the decisions reached at previous meetings have been carried out.

67. _Item_: We command that our president and auditors shall have no authority to direct the payment of any money from our royal exchequer, or to expend anything from it, without more express license and command--except when cases occur in which the delay required to submit them to us for consultation would cause irreparable injury. In such case, when it shall seem advisable to our president and auditors and the officials of our royal exchequer they shall expend therefrom that which they all jointly shall regard as requisite, and shall make expenditures in no other manner. The warrant which they shall give for this shall be signed by them all, on penalty that what is expended contrary to the tenor hereof shall be paid from their own property. They shall immediately report the amount thereof, the purpose and manner of the expenditure, and the necessity for which it shall have been made.

_Fines paid into the royal treasury_

68. _Item_: We command that our treasurer shall receive all fines, in whatever manner they shall be applied by our auditors, whether to our treasury, or to court rooms, or to other expenses. Our alguazil-mayor shall take charge of the enforcement of them. The amounts so received by the said treasurer shall be immediately brought before the officials of our royal exchequer, who shall deposit them in the chest of the three keys, and enter in a record everything thus collected from the said sentences. They shall keep separate the fines for the treasury and those for court rooms; and our said president and auditors shall supervise the care thereof taken by the treasurer, who shall at the end of each year, on account of the said sentences [_condenaciones_] and the receipt thereof, send to our Council of the Yndias a condensed report thereof, attested by his signature and that of the officials, and a certificate from the clerks of the said Audiencia as to the sentences given.