INSTRUCTIONS TO COMMISSARY OF THE INQUISITION

_Instructions which the person who is or in future will be the

commissary of the Holy Office in the city and bishopric of Manila

and the Phelipinas Islands of the West, [38] must mark and observe,

in order better to fulfil the office and trust which he holds._

1. For this office shall always be chosen persons who are thoroughly

competent and well approved--whose purity of family descent, and

exemplary life and habits, have been previously ascertained through

written information. Besides this, confidence is placed in their

prudence, moderation, and temperance, which qualities will enable

them to exercise aright the trust conferred upon them, and they

will exercise it, for the public good, for the better transaction of

business, and not for any private ends. Above all, it behooves them,

and they are earnestly charged, not to employ the name and title of the

Holy Office for avenging individual wrongs, or for the intimidation

or affront of any person. The more such a person shall suspect the

inquisitor's friendship, the more prudently must the latter deal with

him; otherwise, not only will God be therein offended, but the Holy

Office will be greatly wronged.

2. As soon as the commissary receives his appointment, and before

he makes use of his powers, he must accept it in the presence of an

apostolic notary or a royal scrivener, in whose presence he shall give

oath of secrecy and fidelity according to the minute accompanying

these instructions. He will show the said title to the governor,

and to the ecclesiastical and lay cabildos, in order that they may

receive, treat, and recognize him as a commissary and agent of so

holy an office. He will take great care not to exceed his commission,

but to fulfil it, observing these instructions and other particulars

which will be sent to him, which treat of the manner of receiving

acknowledgments, substantiating testimony, and visiting ships. To

show the certificate of appointment to the cabildos is only a mark

of courtesy, and in no way a necessary proceeding; for there is no

need of their permission or approbation. The commissary is advised

of this because the patent for his commission does not require any

other contrasignature or permission for its validity.

3. Secrecy is the surest means, which the Inquisition is to employ

very rigorously, for the detection and punishment of crimes. Therefore

the commissary is strictly charged to observe secrecy in reference

to these instructions, or any others which shall be sent to him, or

letters written to him about business, and all else that comes to his

notice in the capacity of commissary. He shall impose the same secrecy

upon all those who act as accusers or witnesses, or who ratify their

former testimony, and upon all honest persons who are present at such

ratification--ordering all the said parties to observe secrecy, under

pain of excommunication, and under the obligation of the oath which

they took when making their depositions. The commissary, moreover,

shall impose other punishments, pecuniary or corporal; and shall

enlarge on the gravity of the sin committed in the disclosure of a

secret by a witness, with this warning, that the Inquisition punishes

from the standpoint of example, and according to the character of the

person and the nature of the transaction. On account of the great

distance, [to Manila] [39] it is fitting to make this provision,

that whenever any person who shall incur excommunication for having

disclosed a secret shall come, of his own free will, to ask for

absolution, therefore with the confession of his guilt the commissary

shall absolve him, and impose upon him some secret spiritual penance,

such as will entail no stigma or infamy. The commissary shall submit

his own denunciation to the Holy Office, without making further

investigations concerning the matter except in serious cases. But

should the disclosure of a secret result in any marked injury or

bring dishonor to a person, in such an event further information is

required, in order that in either case the Holy Office may, after due

examination, justly dispose of the matter as is fitting, although no

change will result for the absolved person.

4. Special care must be taken to warn bishops, vicars-general

[_provisores_], visitors, and vicars, that they are not allowed

to mention crimes of heresy or the like in their public letters

and proclamations during visit; for his Holiness has referred and

submitted such cases to the most illustrious inquisitor-general and

the inquisitors appointed by him in all the kingdoms and seigniories

of his Majesty. Therefore they shall try these cases _privatim_,

which other judges can neither try, nor undertake to investigate,

nor otherwise handle. Since in visitations crimes often come to light

which must be tried by the Holy Office, warning must be given that

these should be submitted to the Inquisition, with all secrecy and

without the knowledge of the guilty party. The same must be done in

suppressing the titles of vicars, in annulling the head of processes

and charges made by the bishops, and in suppressing the title of

inquisitor-inordinary; for in these regions the jurisdiction over the

crime of heresy is wholly apostolic, except in case of the Indians. If

any doubt, contention, or difficulty regarding the execution of

this clause should arise, the commissary, without further inquiry,

shall promptly notify us that he has warned, in especially polite

and respectful language, the prelate concerned, to whom he must show

much reverence--for the reverential respect which is due him should

not be in the least abated by the privilege of the commissary's office.

5. It sometimes happens that certain ecclesiastical or lay judges take

up matters belonging to the Holy Office, and make judicial inquiries

therein. The question whether they should forbear from investigation

of such cases, and submit them to others, has caused differences to

arise between them and the commissaries, and has made them set forth

most weighty arguments. Since the main care shall be to prevent such

clash of authorities, in order to avoid this it is enough to bid them

not to meddle in such matters. But if they persist in doing so it will

be necessary to send them an injunction, couched in very respectful

terms, drawn up in writing before a notary; to note their answers;

and then to report everything to the Holy Office.

6. In cases of disobedience, disrespect, hindrance, and obstruction

to the free and just exercise of the Holy Office, which also are wont

to occur, the commissary shall be careful not to lose his temper, or

to give way to words or deeds injurious and offensive to any person;

on the contrary, that is the time for him to control himself and

show great moderation. He shall make a diligent and full inquiry from

other persons regarding the whole case, and shall notify us through

his report; in this way any disobedience or disrespect on the part of

a judge or a private person will be punished with greater rigor and

justification. The delay which is apparent in this case might seem

injurious, but it will not be so--as it is not in the transactions of

the Inquisition; for, after men have slept soundly, they are awakened

by a very exemplary punishment.

7. Denunciations regarding the matters contained in the edict shall

be received in the commissary's own house, in a suitable, secret,

and convenient place. They shall always be made by day, unless it

should be necessary to receive them by night. The persons who come

for this purpose must be treated with kindness, each according to

his station in life. Every sort of infamy upon the party concerned

must be avoided as much as possible.

8. In receiving denunciations there shall be no delay, but rather

great care and diligence, as likewise in examining the evidence,

following and keeping within the bounds of the injunctions laid down

in the instructions which are especially sent for that purpose. The

same and even greater care, and much attention, are required in

forwarding depositions.

9. Since it often happens that some of the witnesses are out of the

city, and therefore depositions must be taken in different places,

let the case in question decide the course of procedure, whether

or not the commissary shall order the witness to appear before

him. Usually there is no need to cause the witnesses the trouble of

coming a long distance, when the investigation can be entrusted to

the parish priest [_cura_] or vicar of the place, the notary making

certification at the head of the authorization therefor given to him

by this clause. A case may arise where it is best to wait for the

witness, and it may be desirable to hold him, in order to examine

him personally; this is left to the commissary's choice, for, having

the case before him, he can decide what is best to do. If any one be

summoned on the affairs of the Holy Office and shall not render due

obedience, a written order must be sent to him, imposing upon him the

penalty of excommunication and a fine in money, should he disobey. A

report of all proceedings in each individual case shall be made,

so that the disobedient person may receive exemplary punishment,

according to his station in life and the nature of his disobedience.

10. Some are accustomed to send their denunciations through memorials,

with or without their signatures, or by letters-missive; but, since

these persons write them under no pressure or oath, and without the

presence of a judge or a notary, they expand their accusations to the

detriment of their neighbor's reputation. Therefore the commissary

ought to avoid as much as possible the acceptance of such letters

and memorials, and shall order the witnesses to declare under oath

what they know of the matter, in order to free their consciences,

and shall examine them concerning the facts. If the acceptance of

such a letter cannot be avoided, the person who writes it should be

summoned and made to acknowledge it under oath before a notary, after

which he should be examined about the letter. If the letter be written

from a distant place, the rule in the preceding clause can be followed.

11. Likewise some persons, moved by passion more than by commendable

zeal, are wont to denounce others on the ground that they are

_confessos_, and therefore not entitled to wear silk, carry weapons,

ride on horseback, or do other things forbidden to them by laws and

royal ordinances of these realms, as well as by the instructions of the

Holy Office, as likewise is set forth in the edict. In these cases one

ought to be careful not to accept such depositions except from children

and grand-children of _relaxados_, or from children of a relaxada,

[40] or from persons who themselves have been reconciled to the Church

[_reconciliados_]. The commissary may receive denunciations from these

three classes of persons, and send them to the Holy Office, without

making any arrest, issuing interdicts, or taking other steps. On the

contrary he will maintain great secrecy, and charge the witnesses to

do the same. As for other persons denounced as confessos, since they

are not in the said class, nothing will be written. On the contrary,

the same secrecy will be imposed upon the witnesses and they shall

be very kindly admonished to be silent, and not to slander their

neighbors, informing them that the Holy Office will take no offense

at what they have testified.

12. The heading of the charge made against any person must begin

with the words of the first witness, and not, as is customary with

ordinary judges in these regions, the formula, that "it has come to

his notice," etc.--inserting first what he has heard concerning the

crime from any witness. When the commissary receives documents of

many clauses from this Holy Office for the investigation of different

matters and against many persons, he will place as introduction to

the inquiry that he makes in each case that clause of the document

which applies to the matter in question, legalized by the notary.

13. Any arrest made by the Holy Office is a matter of much reproach

and dishonor for that person, and of no less damage and injury to

his property; therefore an arrest should be made with prudence, care,

and for just cause. Authority for this is not given to the commissary,

who neither should nor can arrest a person except in special cases,

and by a special order entrusted to him against the person who is to

be arrested; and even then, the commissary must see that the purport

of the said order be executed, without exceeding it.

14. The crime of bigamy is very frequent in this country, so that it

behooves all commissaries to make diligent inquiry concerning it, and

to punish the crime. If the ecclesiastical or secular court arrest any

one for this crime and proceed against him, let them administer justice

freely and without hindrance. If they refer the case to the commissary

without charge, and without his making any effort for such remission,

the latter shall say that it is very well, and that they may refer

and send the case to this Holy Office at their own expense--or at

that of the prisoner, if he be well-to-do. If they still urge him to

receive the case there, that it may be sent by the order and at the

expense of the Holy Office, the commissary shall answer that he has

no orders from us for such action. If, dissatisfied with this answer,

they ask permission to inflict punishment there, he will answer that

they may investigate the matter, and may do justice according to

law. After that he will allow no more arguments on the question.

15. This clause applies when the said courts have anticipated the case

by the arrest of the accused person; for if the latter were free,

and through information received from witnesses his two marriages

were proved, and the existence of the first wife at the time of the

second marriage, which constitutes the crime, the commissary shall

arrest and remand to prison the person thus proved guilty--sending

with the prisoner the information or original record, but retaining

there an authenticated copy of it. Concerning other cases of bigamy,

which do not show the same degree of guilt, it will suffice to send

authenticated copies of such records or depositions as are received,

and to keep the originals. Special information must be sent concerning

the prudence of the accused, his station in life, and his wealth;

so that after due examination the necessary measures may be taken. If

he should come to this country [Mexico], the commissary must give us

notice of his coming, so that the Holy Office may hear of it by the

first despatches which shall reach Mexico. He shall also write to the

commissary who resides at the port of Acapulco, that any attempted

absence or flight may be prevented.

16. Concerning the other crimes enumerated in the general edict,

after the denunciation has been received and the witnesses have

been examined, according to the order laid down in the instructions,

it will suffice to send such information without making any arrest

or taking other steps. The commissary shall also send information

concerning the person's birth-place, station in life, means, and

the real estate that he owns in this country, or in España. He shall

notify us, in case such person comes here, so that we may deal with

him as the nature of his offense demands.

17. As for the judicial proceedings in matters which concern

the Holy Office--whether they be settled, or informal, or pending

official transactions--which other courts submit to the Holy Office,

whether at the instance of the attorney-general or by agreement,

all original documents must be delivered, without retaining a copy

of any; oath to this effect will be made by the apostolic notary or

by the royal scrivener who hands them over. Since suits which do

not belong to the Holy Office are sometimes thus handed over, the

commissary shall, on account of the danger that they may be lost at

sea, not send documents until he shall first examine them. If they

clearly prove to be cases not belonging to the Inquisition, he shall

return them to the owners. In case of doubt, the commissary shall

send an account of the offense, with the evidence, and the status

of the process--saying whether it is decided or pending, and whether

informal or received on trial; he will also report as to the rank of

the accused person, and whether at the time any arrest has been made,

or will be made in the future. Ordinarily, whether the case be one of

bigamy or of some other crime, the commissary shall proceed as stated

in the two preceding clauses. If he should not be sent as prisoner,

it will not be right to do so until his offense be investigated

here; accordingly the commissary may discharge him under bail or

under juratory security. [41] If the accused is unable to provide

security, the commissary shall command him not to leave the city,

town, or province where the crime occurred and where he owns property,

under severe penalties of excommunication, and pecuniary or bodily

punishments, suitable to the person's station. If such person wishes

to come to this country, he can do so by offering the same bail or

security to the Holy Office; but he must first be warned not to make

the journey if other matters render such a step unsuitable. He shall

be assured that in his absence his trial and his honor will receive

the same attention as if he were present.

18. When any arrest must be made according to these instructions,

it must, for any case of bigamy, be made according to clause

fifteen. The commissary shall issue orders entrusting the matter,

as is customary, to some one of the familiars whom he has to keep

in the city. Until he has familiars, for lack of them he shall

entrust it to the person on whom he has most reliance, and in whose

integrity he most confides. When it is necessary, but only then, he

may ask for the aid of the royal officials of justice. Whenever this

shall be necessary, the royal officials may seize only the person

pointed out to them by the Holy Office; and they must assist him,

giving their favor and aid only for such person. In order to obtain

this help, the commissary needs only to ask for it in polite terms;

and it may be demanded without the necessity of giving information,

either written or oral, regarding the offense--and, indeed, he shall

be very careful not to do so. On the contrary, if anyone should be

so inconsiderate as to ask for such information, let the commissary

send us a detailed account of what takes place in the matter.

19. Royal magistrates are under obligation to render this assistance,

since the request therefor does not require from them any fees,

alguacil, or scrivener. The magistrates are also under obligation

to receive and keep any prisoner in their jails, to take good care

of him, and to account for him, but without exacting therefor

any prison-fees. Accordingly the commissary will, when occasion

arises, notify the magistrates and request their assistance; and if

necessary he will command it, under pain of excommunication and a

money fine. Thus he will not be obliged to find another and special

prison, and incur the expense of guards. If the rank of the person,

and the condition of the prison, and the nature of the crime require

a more special and secret prison, on account of the danger that the

prisoner may be able to communicate his affairs to other persons,

such arrangements are left to the judgment of the commissary, who is

charged to see that in these arrests little outcry be made, and that

all scandal be avoided.

20. When the criminal is arrested, the commissary shall send him by

the first available ship, registering him as being in the shipmaster's

charge--commanding the latter (under penalty, if necessary), to take

good care of the prisoner until he shall be handed over, at the port of

Acapulco, to the commissary who dwells there, who is duly authorized

to act. If the prisoner be well-to-do, the commissary shall send at

least one hundred pesos' worth of his property, in order to pay for the

food that he needs during his imprisonment, and to meet the expenses

that he may incur during the journey; otherwise, the commissary shall

send whatever sum be may obtain from the property. Since these men

who are twice married are not a very dangerous class of people, the

commissary may in a case of flight exercise leniency, by allowing

them to come and present themselves under a sufficient security,

corresponding to their station and means.

21. A sequestration of property is very injurious to a person,

especially in the Indias, where all the value of property depends

upon its management. The commissary ought not therefore, in any

case, to do this; on the contrary, the arrested person shall permit

suitable provision for his property, according to his own preference,

entrusting it by means of an inventory to some person in whom he has

confidence. The latter shall bind himself, in due form, to be the

depositary of such goods as the prisoner may leave in his charge

on account of his arrest; and in such manner that it may not seem

to be a deposit or a sequestration by the Holy Office, but simply a

contract between two parties. This accomplished, the commissary shall

obtain very minute information about the station of the prisoner,

his mode of life, and the means and property that he may possess. If

he has any reason to suspect that either the prisoner or the person

to whom he has entrusted his property on account of the arrest, is

endeavoring to hide, or squander, or alienate the property, he shall be

careful not to allow such alienation or any other mismanagement of the

property; until the Holy Office, having examined his offense, shall

make suitable provision for a legal sequestration: for in punishing

a crime, the property of the guilty person is always regarded as

an accessory element, to be used in behalf of the person to whom it

shall belong after the culprit is released from prison.

22. Money for the prisoner's food, for the expenses of his journey,

according to his station, and for his bedding and clothes, must be

taken entirely from his estates; and if he has none, let such of

his goods be sold as will inflict least damage upon him, to the

amount necessary, at a public auction before a notary or a royal

scrivener. No officer or agent of the Holy Office shall take anything

from the said sale, either personally or through agents--a command

which is general in all cases when goods are sold by the Holy Office,

whether they are sequestrated or not. To better ascertain which of the

goods would cause him least damage, it will be advisable to consult

the opinion and desire of the interested party.

23. All that has been said thus far concerning the acceptance of

denunciations, and the reference of cases, prisoners, and proceedings

to the Holy Office, does not apply to the Indians--against whom the

commissary shall not proceed for the present, but shall leave them to

the jurisdiction of the ordinary. [42] Cases involving them are not

to be referred to us. All other cases, in which mestizos, mulattoes,

and Spaniards, of all classes, are involved, shall be tried exclusively

by the Holy Office rather than by the ordinary courts, as specified

in the fourth clause of these instructions.

24. The Holy Office is wont to issue edicts--as, for instance, the

general edict concerning matters of the faith, and other specific

ones--for the prohibition and seizure of certain books. The public

reading of these edicts is of the utmost importance, having the force

of a notarial summons. It always takes place in the cathedral church,

where the people are commanded several days beforehand to meet, under

pain of excommunication. The sermon is assigned to the most learned

preacher of reputation and authority, who preaches it elsewhere,

on that same day; notice is therefore given to the monasteries and

to all concerned. The Holy Office shall appoint both the preacher

and the day, although it is best to make arrangements therefor with

the prelate, and obtain his concurrence; for in so doing nothing is

detracted from what is due to the Holy Office. Although the penalty of

excommunication is imposed, it is not held to bind any except those

who for petty considerations neglect to heed it. In denouncing their

guilt the commissary shall absolve them, imposing upon them only

some secret spiritual penances and not any pecuniary or ignominious

punishment. Others who through carelessness, negligence, or ignorance,

fail to appear, the commissary shall discharge with a gentle reprimand,

setting at ease their consciences in regard to the excommunication.

25. The Inquisitor therein anticipating the action of any other

judge is accustomed to visit all ships which arrive at the ports,

no matter whence they come; therefore the commissary shall do so,

if he is in a place where it can be done, and shall ask the principal

officers of the ship the questions sent with these instructions. If

he is unable to do so in person, he will entrust the matter to the

parish priest or the vicar who resides in the port, sending him

a copy of the questions to be asked. He will notify us as to the

ports chiefly frequented by ships, where it will be best to keep

persons with a special commission from us; and will name some of the

persons to whom this commission may be given. When the commissary

has succeeded in visiting the ship at its station in the harbor,

the captain, master, or clerk, or some of the passengers will find

it necessary to go ashore, to the city; then, while the supplies

most needed are being procured, he will examine them. In all this

it is very important to avoid carelessness. This is understood only

of ships which belong to Spaniards and come from Nueva Spaña, Piru,

or Panama, or from Portuguese India, or from other regions.

26. One of the most important reasons for inspecting the ships is the

books, especially the boxes which come as cargo. The royal officials

and magistrates of his Majesty who reside in the ports shall send

the said boxes to the commissary of the Inquisition, without opening

them or taking any books out of them. The commissary shall open them

and examine the books, comparing them with the general catalogue;

and after seizing such as he finds are prohibited, he will give

the rest to the owners To this end the commissary shall make known

to the royal officials of the city, and to those who reside in the

ports, the ordinance which accompanies this paper; and this applies

even when the said boxes of books have been previously examined by

another inquisitor.

27. Whenever a ship departs from the islands, the commissary must send

replies to the letters which are written to him, and information of

what is occurring there.

28. Finally, we recommend the examination of these instructions--which,

although so full in their provision for all contingencies, properly

apply to ordinary occurrences, with a few clauses for which provision

had already been made. The most difficult task, therefore, will be to

examine them carefully at first, and to bear in mind that any doubtful

cases are to be decided by the commissary as shall be necessary,

since he is so far away [from Mexico]. With this, and the confidence

that we place in him personally and in his prudence and great zeal,

we trust that the commissary will meet all success.

Given at Mexico, March first, one thousand five hundred and

eighty-three.

The licentiate _Bonilla_

The licentiate _Santos Garcia_

By order of the Inquisitors:

_Pedro de Los Rios_

The Philippine Islands, 1493-1803 — Volume 05 of 55 1582-1583 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Beginning of the Nineteenth Century · 第 66 / 75 题