The Philippine Islands, 1493 to 1898 by Various

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_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 Chancilleria
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 Chancilleria 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 Chancilleria
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 Chancilleria 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 Chancilleria 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 Chancilleria 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 Cambrano_

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
Espana: 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 Almacan_

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 Almacan_
The licentiate _Albaro Cambrano_

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 Almacan_
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 Chancilleria 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 Espana, 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._

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 Chancilleria 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 Chancilleria 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 Chancilleria 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.

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