The Philippine Islands, 1493 to 1898 by Various

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

Before me:

_Pedro Hurtado Desquibel_

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

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

Before me:

_Pedro Hurtado Desquibel_

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

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

Before me:

_Pedro Hurtado Desquibel_

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

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

Before me:

_Pedro Hurtado Desquibel_

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

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

Before me:

_Pedro Hurtado Desquibel_

_Ordinances and laws for the Sangleys._

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

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