Chapter 3

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 and Chancillería of these Philipinas Islands declared that, whereas Pedro Fernandez de Sanctofimia, attorney in the cases of the Audiencia, is appointed by this royal Audiencia to collect its fines, and ordered to assess the fines imposed upon its officials and other persons who do not observe the royal ordinances, and all other ordinances, decrees, and provisions, to the amount that must be levied for each fine--for, by not executing the penalties thereof daily, there are many oversights and no little remissness in the fulfilment of each one's obligations: therefore, in order that the requisite system be observed in everything, they decreed that, by giving the said Pedro Fernandez de Sanctofimia the present sworn memorandum of fines to be imposed upon everyone, he shall immediately receive his orders thereby regarding what he is commanded to levy for each fine. The latter he shall do immediately, as the said memorandum shall indicate, without any investigation or mandate preceding. The orders that he shall so give shall be executed by the bailiff or alguazil of this royal Audiencia, whenever they shall be issued. Whatever the latter shall collect he shall deliver to the said collector of fines, who shall take charge of it, and enter it carefully in a book, that he may give strict and clear account of each fine collected. And they charged each other's consciences with the fulfilment of all the above. By this act they so provided, ordered, and decreed.

Before me: _Pedro Hurtado Desquibel_

_An act decreeing the making of a book in which shall be entered the decrees sent and to be sent by his Majesty to these islands, in order that they may be observed and executed._

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 king our sovereign, by his royal ordinances, ordains and orders a book to be made, in which to inscribe the decrees that he has sent, and shall send, to these islands, and that it contain an account of their execution: therefore, they thereupon ordered, and they did so order, the said book to be made, and entrusted it to the clerk of the court. He shall inscribe therein all the decrees that the king our sovereign has sent and will send to these islands, so that henceforth a detailed account of their observation and execution shall be kept, as his Majesty orders. By this act they so provided, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_That interlocutory decisions shall be concluded at one demand from each party._

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 and Chancillería of the Philipinas Islands declared that, whereas his Majesty ordains and commands by one of the royal ordinances for this royal Audiencia, that interlocutory decisions shall be concluded, in trial and review, at one demand from each of the parties, and that the clerk of court receive [no] other demands: therefore, in order that the aforesaid be exactly executed, they ordained and decreed that the attorneys of this royal Audiencia shall conclude the said interlocutory decisions in trial and review, at one demand from each party, without giving or presenting more demands, with the warning that any others presented shall not be admitted. The clerk of court is warned in the present that he shall not receive them under penalty of a fine of two pesos, to be employed as it shall seem proper, and delivered into the charge of the collector of fines of this royal Audiencia, upon whom the execution of the above shall be most carefully charged. And they ordered it to be proclaimed, and especially to the said attorneys. So they provided, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act providing that no proceedings shall be conducted in suits between Indians, without a decree from this royal Audiencia._

On the twenty-first 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 his royal ordinances, the king, our sovereign, commands the aforesaid president and auditors that, in suits and civil and criminal cases between Indians, the usual proceedings shall not be conducted or issued, except in cases decreed and ordered by an act of this royal Audiencia: therefore, in order that the aforesaid shall be exactly fulfilled, they ordained and decreed that it should be communicated to the said attorneys of this royal Audiencia, that when, in the name of any natives, they shall bring suits against other natives, before bringing these suits they shall notify this royal Audiencia--in order that, if thought best, they may be docketed, and if not, that the cost and expense may be avoided. Those which shall be prosecuted shall be docketed by formal decree of this royal Audiencia, and in no other manner. They must strive to be brief and precise in everything. The notaries both of this royal Audiencia and the other jurisdictions thereof are ordered, in the collection of fees from said natives, to employ great moderation, and to despatch their business promptly, in order that all his Majesty's orders and decrees may be observed and fulfilled. Moreover, they commanded that the aforesaid notaries be notified of this act. So they provided, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the attorneys shall go, within three days, to the office of the clerk of court, to settle suits that are concluded._

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 and Chancillería of these Philipinas Islands declared that, whereas, on account of the non-appearance of the attorneys of this royal Audiencia at the office of the clerk of court for this royal Audiencia, to settle and otherwise regulate suits and cases which are concluded, in order that they may be reviewed and decided, there is great delay in their revision and decision, so that the interested parties are subjected to great harm and annoyance: therefore, to remedy this, they ordered, and they did so order, that all the attorneys of this royal Audiencia shall be notified that, whenever the said suits are concluded, wherever they shall be brought, within the three days first following they shall appear at the office of the above-mentioned clerk of court, and there settle and dispose of them, so that there shall be nothing wanting, and that they may have the necessary despatch--being warned that, if they do not thus come within the said term, the said clerk can settle the said processes, and send them to the reporter for him to review them in court. And if, by the said attorneys' negligence, the parties suffer any harm, the said attorneys shall pay them for it in their persons and goods. By this act they so declared, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_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._