Chapter 2

_Proclamation_: In the city of Manila, on the twenty-second 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, who signed their names to the above act, declared and proclaimed it in public session.

_Pedro Hurtado Desquibel_

_An act decreeing that the clerk of court who receives the bonds of suitors shall accept only reliable bonds, and at his own risk; and that his residencia in regard to the said office shall be taken._

In the city of Manila, on the 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 in the suits that are brought and considered in this royal Audiencia it is sometimes necessary to order the parties to give bonds, which are accepted by the clerk of court of this royal Audiencia, without his knowing whether they are good or not: therefore as some trouble and annoyance might result from this, and it is expedient to avoid this, and, where bonds are concerned, to require the residencia, they ordered, and they did so order, that now and henceforth the said clerk, in all suits in which bonds are ordered to be given, shall accept only honest, reliable, and valuable bonds, under the penalty of having them charged to his own account and risk if they are not so. He shall give reliable bonds therefor, and shall likewise undergo the residencia of his said office; and shall pay whatever is adjudged and decided against him, and any public demands which shall be lodged against him, as he is obliged to do by law. Thus it was provided, ordered, and decreed.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almazan_ The licentiate _Albaro Cambrano_

Before me:

_Pedro Hurtado Desquibel_

_Proclamation_: In the city of Manila, on the twenty-second 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, who signed their names to the above act, declared and proclaimed it in public session.

_Pedro Hurtado Desquibel_

_An act decreeing that the auditors who regularly review the charges against prisoners may make what decisions shall be necessary in the suits of prisoners por sala, until their sentences shall be pronounced._

In the city of Manila, on the seventh 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 despatching suits of the prisoners in the royal prison of this court, there might be some delay on account of there being many persons imprisoned _por sala_ who are never released during the review of cases made, from which they receive great harm by protracting their release: therefore, the president and auditors agreed, and they did so resolve, that, now and henceforth, when they shall review the cases in the royal prison of this court, on the Saturdays appointed therefor, they may release those who were arrested _por sala_, if arrested therein by alcaldes of the court; and that, likewise, they may issue the acts which shall seem fitting to them concerning the regulation of criminal cases, until they are definitely concluded by sentence, so that the cases of the said prisoners may be despatched with the greater celerity.

By this act they so ordered, provided, and decreed.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almazan_ The licentiate _Alvaro Cambrano_

Before me:

_Pedro Hurtado Desquibel_

_Proclamation_: In the city of Manila, on the twenty-second 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 islands, who signed their names to the above act, declared and proclaimed it in public session.

_Pedro Hurtado Desquibel_

_An act decreeing that the interpreters shall not trade or traffic with the natives._

In the city of Manila, on the seventh 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 the interpreters, as a result of their occupation as interpreters, and being for the most part friendly to the natives, seek and attempt to acquire, with trinkets and other illegal means, jewels, slaves, and other things, at lower prices than they are valued by the said natives: therefore, in order to put a stop to the aforesaid evil by applying a remedy for it, they resolved, ordered, and decreed, that now and henceforth, no interpreter shall buy from the said natives any jewels, slaves, or other valuables, except in the presence of the magistrate, under penalty of confiscation of what shall have been bought by the interpreter violating this law, half of which is immediately to be applied to his Majesty's treasury, and the other half to the expenses of justice; and furthermore, he shall not be allowed to exercise the said office any longer. By this act they so provided, ordered, and decreed.

_Don Francisco Tello_ _Doctor Antonio Morga_ The licentiate _Tellez Almazan_ The licentiate _Cambrano_

Before me:

_Pedro Hurtado Desquibel_

In the city of Manila, on the twenty-second 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, who signed their names to the above act, declared and proclaimed it in public session. Diego de Mercado and Juan Garcia, interpreters, were present and were notified.

_Pedro Hurtado Desquibel_

_An act decreeing that the probate judge shall examine the accounts of guardians of minors in this court._

In the city of Manila, on the seventh 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 this court there are many minors--encomenderos, and others--whose property and effects are in charge of guardians and curators; and because the said property might be spent and dissipated without these guardians being able afterward to give an account thereof to their said minors, which would result to the great harm and prejudice of the latter: therefore, to remedy the aforesaid, they resolved, and they did so resolve and decree, that the common probate judge, now or hereafter, in these islands be empowered to examine, not only in trust but on the party's petition, the accounts of all the guardianships and curatorships of minors in this court, and of the administration and conservation of the same; and he may proceed against those of whom he may be suspicious, or who administer and manage dishonestly, or waste, the goods and effects of the said minors; and may make in the case all the inquiries suitable and necessary, until he shall hand down a definite decision in such cases--for which, and for everything annexed to and pertaining to it, they gave him the requisite power and authority, in the sufficiency required by law. By this act they so voted, ordered, and decreed.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almazan_ The licentiate _Cambrano_

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that no one shall keep on his hat or sit down, while the auditor is taking his deposition._

In the city of Manila, in the Philipinas Islands, on the seventh of January, one thousand five hundred and ninety-nine, the president and auditors of the royal Audiencia of the said islands declared that, whereas certain persons have been imprisoned in the royal prison of this court, for criminal cases, who, when their depositions were being taken, sat down and remained with their heads covered, which is in disrespect of royal justice; and as it is fitting to apply a remedy to the aforesaid, now and henceforth, therefore, they ordered, and they did so order, that each and every one, of whatever rank and condition, who may be imprisoned on criminal charges, shall, when his deposition is being taken before any auditor of this royal Audiencia, stand and bare his head, until such time as his deposition is ended. And, in order that this may come to the knowledge of everyone, it shall be made known to the commissioners and attorneys of this royal Audiencia, who shall give notice of the provisions of this act to such persons, whenever occasion shall arise, so that it may be observed. By this act they so provided, ordered, and decreed.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almazan_ The licentiate _Cambrano_

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that no attorney shall enter a petition in a new suit between Indians, without first communicating it to the auditor for that week._

In the city of Manila, on the 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 in this royal Audiencia there are brought and considered suits and causes for small amounts among the natives of these islands, in which they incur heavy costs, whereby they receive great injury and vexation: therefore, they ordered, and they did so order, that no prosecuting attorney of this royal Audiencia shall bring therein a new suit or petition for an Indian, without first and foremost bringing it before this royal Audiencia, or before the auditor for the week, in order that the latter may determine whether the suit be a proper one--under a penalty of a fine of six pesos of common gold, immediately upon the conviction of anyone who may disobey this decree; one-third to go to the receiver of fines, another third to the royal hospital, and the other third to the poor in the prison. By this act they so declared ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the royal officials, in the sale of gold and other goods, from the royal exchequer, see that it be done for cash, and not auctioned to creditors of the exchequer, in order that the latter may receive their money_.

In the city of Manila, on the 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 on account of his Majesty's royal exchequer of these islands being, as it now is, embarrassed with many debts, it cannot succeed in paying its creditors what it thus owes them--which results from the fact that some of the said creditors, in order to have their accounts paid to them, present themselves at the royal auctions which are held for the sale of gold, cotton cloth, and other goods collected from the tributes pertaining to the royal crown, and bid on such articles, at higher prices than would be given if they were paying in cash, in order to receive what the royal exchequer owes them; and that if such things as this were allowed to continue, the said royal exchequer would not be able to meet certain necessary matters which continually occur in the service of the king, our sovereign, and of which consideration should be taken: therefore, they declared that they ordered, and they did so order, the official judges of the royal exchequer of the king our sovereign in these islands, that now and henceforth, in the auctions and sales which may be made of any royal property, it shall be made over to the person or persons who bid the highest, being knocked down to them and paid for immediately. They shall admit or receive in no other way any other bid which may be made by the said creditors. By this act they so declared and ordered, and signed the same.

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

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the advocates and attorneys of this royal Audiencia shall follow the customs of the natives._

In the city of Manila, on the 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 in suits brought by natives of these islands, wherein they consider in this royal Audiencia questions of slavery, divisions of inheritances, slaves, marriage-dowries, and other things, it is fitting that the advocates and attorneys of this royal Audiencia follow the customs of the said natives, observed formerly and now in the said suits: therefore, in order that they may be observed as his Majesty orders, and that to that end they may keep a copy in their possession, in order that they may know and observe them, they ordered, and they did so order, that the said advocates and attorneys in all suits at present pending in this royal Audiencia, as in those which shall be brought and continued henceforth, touching the said natives, shall approve and adhere to the said customs which the Indians were thus accustomed to follow and do follow; and they shall take a copy of the said customs which are set down in the books [1] of the royal Audiencia resident in these islands. They ordered that all the aforesaid persons should be notified of this act, in order that they may observe and execute it, under penalty of the loss to the parties; and, besides that, their consciences were charged with it, and it was declared that they would be judged guilty for any laxity or neglect which should thus occur. By this act it was so decreed, and they ordered it to be registered.

_Don Francisco Tello_ _Doctor Antonio de Morga_ The licentiate _Tellez Almazan_ The licentiate _Albaro Cambrano_

Before me:

_Pedro Hurtado Desquibel_

_An act declaring that no use shall be made of the tariff made by this royal Audiencia._

In the city of Manila, on the 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 been provided and ordered that the court clerk and other officials of the Audiencia and ordinary courts shall collect their fees in conformity with the tariff of the royal Audiencia of the City of Mexico in Nueva España: therefore, they ordered, and they did so order, that this be observed and executed exactly as the king, our sovereign, commands; and that the said officials may not use the tariff which the Audiencia made concerning the said fees, which is to be withdrawn. No one of the persons herein mentioned shall collect fees in conformity with it, under the penalties imposed upon those who collect excessive fees. This act shall be made known to all the officials whom it concerns. So they declared, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the alcaldes-mayor shall not make collections, nor shall they be given to the official judges; and that the collectors appointed must be approved by this royal Audiencia._

In the city of Manila, on the 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, on account of the alcaldes-mayor of the provinces of these islands collecting, personally or by their agents, the tributes from the natives in their jurisdiction who pertain to the royal crown, by commission granted therefor by the officials of the royal exchequer, there have resulted many injuries and inconveniences, both to the said natives and the said royal exchequer: therefore, because it is necessary to avoid the said injuries, and apply a remedy to the aforesaid evil, they ordered, and they did so order, that the officials of the royal exchequer of the king our sovereign should be notified, so that in no way or manner, now and henceforth, shall they grant the collections, directly or indirectly, to the said alcaldes-mayor, nor shall the latter have any part of that which is granted to the collectors. Therefore, the said collectors shall take oath in due legal form, that they will make the said collection, taking it for themselves alone, without granting any part to the said alcaldes-mayor. The latter shall not collect the tribute under penalty of deprivation of their offices. The said collectors shall deliver in kind to the royal exchequer the tributes that they shall collect from the said natives, unless the said officials shall order otherwise, for the augmentation of the royal exchequer. And in order that the collectors sent may be fit and proper persons, it is ordered that those appointed to the office by the said royal officials shall present themselves before this royal Audiencia, in order that they may be there approved. The said royal officials shall cause this to be done, under a penalty of a third part of their salary for that year, which must be paid immediately upon conviction of disobedience to this decree. The said collectors shall be vested with the authority of justice. By this act it was so declared, ordered, and decreed.

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

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the attorney for minors shall not bring a suit, without first communicating it to the judge for minors._

In the city of Manila, on the 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 in this court there are many minors, whose goods and property are in the charge of their guardians, who might spend and dissipate the said goods beyond the use and profit of the said minors, which would be to their great injury: therefore, because by the attorney and defender of the said minors entering any suits and petitions with regard to the aforesaid minors without giving notice thereof, or communicating with the judge for minors, many inconveniences may result, as a remedy for this, they resolved and ordered that the said attorney for minors shall bring no suit for a minor against his guardian, without first communicating it to the judge who sits or shall sit for minors, that the latter may order what he deems advisable. By this act it was so ordered, ordained, and decreed.

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

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that all the officials, both of this royal Audiencia and the ordinary courts, shall be present at the review of charges against prisoners._

In the city of Manila, on the seventh 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 by the absence of the alcaldes-in-ordinary of this city, and of the clerk, reporter, alguazils-mayor, attorneys, commissioners, notaries-public, and other officials, not only of this royal Audiencia but of the lower court of this city, from the review of charges against prisoners, many prisoners are not at liberty--from which it follows that they are vexed and annoyed by long imprisonments and other great injuries and inconveniences; besides the fact that, in many suits, they are unable to administer and provide justice on account of not being present at the said review: therefore, because it is advisable to institute a reform in this matter, they ordered, and they did so order, that now and henceforth, every week on the days set apart for the review of prison charges, the said alcaldes-in-ordinary, the alguazils-mayor of the court and the city, the clerk and reporter of this royal Audiencia, the attorneys and commissioners thereof, the solicitors of the royal offices, the native interpreters, and the notaries-public, bailiffs, alguazils, and other officials of this royal Audiencia and the ordinary court, shall be present at the said review with all punctuality--except the reporter of this royal Audiencia, who is not obliged to be present at the said review, unless he has no suit to attend to--under a penalty of a fine of one peso for every offense, for each one of the aforesaid officials, as soon as they declared him convicted and did convict him. They ordered that the receiver of fines of this royal Audiencia shall observe the aforesaid most carefully for the proper execution and fulfilment of this act--which, in order that no one may pretend ignorance of it, shall be made known to all the persons whom it concerns. By this act it was so provided, ordered, and affirmed.

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

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the royal official judges in the fulfilment of their duties shall observe the instructions, decrees, and ordinances of his Majesty._

In the city of Manila, on the nineteenth 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 by the ordinances, decrees, and instructions of his Majesty, orders have been given to the official judges of the royal exchequer of these islands, regarding their obligations in the exercise and discharge of their duties, and, because it is fitting that his Majesty's orders in those decrees be observed and fulfilled, they ordered, and they did so order, that the said royal officials should be notified that in the exercise of their offices they should observe the said royal ordinances, decrees, and instructions of the king our sovereign, who has given them, as they are held, exercised, and observed, and as they must be exercised and observed, by the royal official judges of the City of Mexico in Nueva España, especially section seventeen of the said royal ordinance. By this act they so provided, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act ordering the commissioners to be present at all sessions of the Audiencia._

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 the Filipinas Islands declared that, whereas, although by the royal ordinances the commissioners of this royal Audiencia are obliged to be present at the assemblies, they are not there; and thus many cases that come up, both civil and criminal, are delayed in settlement, so that considerable harm and annoyance result to the parties concerned; and furthermore, that official and fiscal cases are delayed, because the said commissioners to all appearances do not employ therein the necessary diligence: therefore, to remedy this condition of affairs, they decreed and ordered that, now and henceforth, all the said commissioners, unless they have legitimate occupation or obstacle, shall be present without fail in the hall at all the sessions of the Audiencia with the greatest punctuality, so that in all matters there may be the prompt action which is desirable, under penalty of a fine of one peso from him who shall disobey this decree, the fine to be applied immediately upon condemnation, in this manner--six reals to the poor in the prisons, and two for the bailiff who has to execute the decree. By this act they so provided, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing that orders shall be given regarding the sworn memoranda of the collector of fines._