_An act ordering the alcaldes-mayor and their officials to observe
the royal tariff._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas, in the
collection of taxes by the alcaldes-mayor of the provinces of these
islands, and by their notaries and officials, there is great excess
and disorder, from failing to observe his Majesty's royal tariffs,
whence arise many difficulties and obstacles to the service of God
our Lord, and of his Majesty: therefore, to remedy these evils,
they ordered, and they did so order, that all the alcaldes-mayor,
both now and henceforth, in all of the provinces of these said
islands, shall observe and cause to be observed the royal tariff of
his Majesty and his royal Audiencia; and, in conformity with it,
shall levy and cause to be levied the taxes to them appertaining,
as also shall their notaries and officials--levying on the natives
a third less than on the Spaniards, according to the declaration
thereof in the said tariff; and that each one of them shall have a
copy of this tariff. They shall neither use nor levy the said taxes
by any other tariffs, under penalty of a fine of one hundred pesos
for the treasury of his Majesty and the expenses of justice. By this
act they so provided, ordered, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez de Almazan_
The licentiate _Zambrano_
Before me:
_Pedro Hurtado Desquibel_
_Proclamation_: In the city of Manila, on the twenty-second of January,
one thousand five hundred and ninety-nine, the president and auditors
of the royal Audiencia of the Philipinas Islands, who signed their
names to the above act, declared and proclaimed it in public session.
_Pedro Hurtado Desquibel_
_An act decreeing that there shall be no suits without the filing of
a sworn memorandum of the fees that the parties have paid._
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, Court, and Chancillería of these Philipinas Islands
declared that, whereas it has come to their knowledge that certain
persons--not only Spaniards, but Indians and Sangleys--who bring
suits in this royal Audiencia and outside of it, in the provincial
and ordinary tribunals, complain of the large sums that are charged
by the courts, in great excess of what they are ordered to charge
by the royal tariffs; and that the notaries of the said tribunals,
contrary to orders, send the appealed suits to this royal Audiencia,
without placing at the end of them the fees they have paid; therefore,
in order to remedy the aforesaid evil, and to put an end to complaints
of similar acts of injustice, they ordered, and they did so order, both
the officials of this royal Audiencia and the others in the provincial
and the ordinary tribunals, and those outside of this city, now and
henceforth, not to bring or send any suit to be reviewed in the court
of this royal Audiencia, unaccompanied by a memorandum, signed and
sworn to by the parties to the suit, of what they have spent thereon,
and to what persons they have given the money; and not to bring any
suit for revision in any other manner, under penalty of a fine, for
each time when they shall disobey this order, of ten pesos for his
Majesty's treasury, to be equally divided between the treasury and the
court--to which, from that moment, they are considered as condemned. By
this act they so provided and ordered, and they signed the same.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almazan_
The licentiate _Alvaro Zambrano_
Before me:
_Pedro Hurtado Desquibel_
_Proclamation_: In the city of Manila, on the twenty-second day of
the month of January, one thousand five hundred and ninety-nine,
the president and auditors of the royal Audiencia and Chancillería
of these Philipinas Islands, who signed their names to the above act,
declared and proclaimed it in public session.
_Pedro Hurtado Desquibel_
_An act decreeing that the clerk of court who receives the bonds
of suitors shall accept only reliable bonds, and at his own risk;
and that his residencia in regard to the said office shall be taken._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas in the
suits that are brought and considered in this royal Audiencia it
is sometimes necessary to order the parties to give bonds, which
are accepted by the clerk of court of this royal Audiencia, without
his knowing whether they are good or not: therefore as some trouble
and annoyance might result from this, and it is expedient to avoid
this, and, where bonds are concerned, to require the residencia, they
ordered, and they did so order, that now and henceforth the said clerk,
in all suits in which bonds are ordered to be given, shall accept only
honest, reliable, and valuable bonds, under the penalty of having them
charged to his own account and risk if they are not so. He shall give
reliable bonds therefor, and shall likewise undergo the residencia of
his said office; and shall pay whatever is adjudged and decided against
him, and any public demands which shall be lodged against him, as he
is obliged to do by law. Thus it was provided, ordered, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almazan_
The licentiate _Albaro Cambrano_
Before me:
_Pedro Hurtado Desquibel_
_Proclamation_: In the city of Manila, on the twenty-second day of
the month of January, one thousand five hundred and ninety-nine,
the president and auditors of the royal Audiencia and Chancillería
of these Philipinas Islands, who signed their names to the above act,
declared and proclaimed it in public session.
_Pedro Hurtado Desquibel_
_An act decreeing that the auditors who regularly review the charges
against prisoners may make what decisions shall be necessary in
the suits of prisoners por sala, until their sentences shall be
pronounced._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancillería of these Philipinas Islands declared that,
whereas, in despatching suits of the prisoners in the royal prison of
this court, there might be some delay on account of there being many
persons imprisoned _por sala_ who are never released during the review
of cases made, from which they receive great harm by protracting their
release: therefore, the president and auditors agreed, and they did so
resolve, that, now and henceforth, when they shall review the cases in
the royal prison of this court, on the Saturdays appointed therefor,
they may release those who were arrested _por sala_, if arrested
therein by alcaldes of the court; and that, likewise, they may issue
the acts which shall seem fitting to them concerning the regulation
of criminal cases, until they are definitely concluded by sentence,
so that the cases of the said prisoners may be despatched with the
greater celerity.
By this act they so ordered, provided, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almazan_
The licentiate _Alvaro Cambrano_
Before me:
_Pedro Hurtado Desquibel_
_Proclamation_: In the city of Manila, on the twenty-second day of
the month of January, one thousand five hundred and ninety-nine,
the president and auditors of the royal Audiencia and Chancillería
of these islands, who signed their names to the above act, declared
and proclaimed it in public session.
_Pedro Hurtado Desquibel_
_An act decreeing that the interpreters shall not trade or traffic
with the natives._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancillería of these Philipinas Islands declared that,
whereas it has come to their knowledge that the interpreters, as a
result of their occupation as interpreters, and being for the most part
friendly to the natives, seek and attempt to acquire, with trinkets
and other illegal means, jewels, slaves, and other things, at lower
prices than they are valued by the said natives: therefore, in order
to put a stop to the aforesaid evil by applying a remedy for it, they
resolved, ordered, and decreed, that now and henceforth, no interpreter
shall buy from the said natives any jewels, slaves, or other valuables,
except in the presence of the magistrate, under penalty of confiscation
of what shall have been bought by the interpreter violating this law,
half of which is immediately to be applied to his Majesty's treasury,
and the other half to the expenses of justice; and furthermore, he
shall not be allowed to exercise the said office any longer. By this
act they so provided, ordered, and decreed.
_Don Francisco Tello_
_Doctor Antonio Morga_
The licentiate _Tellez Almazan_
The licentiate _Cambrano_
Before me:
_Pedro Hurtado Desquibel_
In the city of Manila, on the twenty-second day of the month of
January, one thousand five hundred and ninety-nine, the president and
auditors of the royal Audiencia and Chancillería of these Philipinas
Islands, who signed their names to the above act, declared and
proclaimed it in public session. Diego de Mercado and Juan Garcia,
interpreters, were present and were notified.
_Pedro Hurtado Desquibel_
_An act decreeing that the probate judge shall examine the accounts
of guardians of minors in this court._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia and Chancillería of these Philipinas Islands declared
that, whereas in this court there are many minors--encomenderos,
and others--whose property and effects are in charge of guardians
and curators; and because the said property might be spent and
dissipated without these guardians being able afterward to give
an account thereof to their said minors, which would result to
the great harm and prejudice of the latter: therefore, to remedy
the aforesaid, they resolved, and they did so resolve and decree,
that the common probate judge, now or hereafter, in these islands be
empowered to examine, not only in trust but on the party's petition,
the accounts of all the guardianships and curatorships of minors in
this court, and of the administration and conservation of the same;
and he may proceed against those of whom he may be suspicious, or who
administer and manage dishonestly, or waste, the goods and effects of
the said minors; and may make in the case all the inquiries suitable
and necessary, until he shall hand down a definite decision in such
cases--for which, and for everything annexed to and pertaining to it,
they gave him the requisite power and authority, in the sufficiency
required by law. By this act they so voted, ordered, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almazan_
The licentiate _Cambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that no one shall keep on his hat or sit down,
while the auditor is taking his deposition._
In the city of Manila, in the Philipinas Islands, on the seventh of
January, one thousand five hundred and ninety-nine, the president and
auditors of the royal Audiencia of the said islands declared that,
whereas certain persons have been imprisoned in the royal prison of
this court, for criminal cases, who, when their depositions were being
taken, sat down and remained with their heads covered, which is in
disrespect of royal justice; and as it is fitting to apply a remedy to
the aforesaid, now and henceforth, therefore, they ordered, and they
did so order, that each and every one, of whatever rank and condition,
who may be imprisoned on criminal charges, shall, when his deposition
is being taken before any auditor of this royal Audiencia, stand
and bare his head, until such time as his deposition is ended. And,
in order that this may come to the knowledge of everyone, it shall be
made known to the commissioners and attorneys of this royal Audiencia,
who shall give notice of the provisions of this act to such persons,
whenever occasion shall arise, so that it may be observed. By this
act they so provided, ordered, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almazan_
The licentiate _Cambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that no attorney shall enter a petition in a new
suit between Indians, without first communicating it to the auditor
for that week._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas in this
royal Audiencia there are brought and considered suits and causes for
small amounts among the natives of these islands, in which they incur
heavy costs, whereby they receive great injury and vexation: therefore,
they ordered, and they did so order, that no prosecuting attorney of
this royal Audiencia shall bring therein a new suit or petition for
an Indian, without first and foremost bringing it before this royal
Audiencia, or before the auditor for the week, in order that the latter
may determine whether the suit be a proper one--under a penalty of a
fine of six pesos of common gold, immediately upon the conviction of
anyone who may disobey this decree; one-third to go to the receiver of
fines, another third to the royal hospital, and the other third to the
poor in the prison. By this act they so declared ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the royal officials, in the sale of gold and
other goods, from the royal exchequer, see that it be done for cash,
and not auctioned to creditors of the exchequer, in order that the
latter may receive their money_.
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas on account
of his Majesty's royal exchequer of these islands being, as it now is,
embarrassed with many debts, it cannot succeed in paying its creditors
what it thus owes them--which results from the fact that some of the
said creditors, in order to have their accounts paid to them, present
themselves at the royal auctions which are held for the sale of gold,
cotton cloth, and other goods collected from the tributes pertaining
to the royal crown, and bid on such articles, at higher prices than
would be given if they were paying in cash, in order to receive what
the royal exchequer owes them; and that if such things as this were
allowed to continue, the said royal exchequer would not be able to meet
certain necessary matters which continually occur in the service of
the king, our sovereign, and of which consideration should be taken:
therefore, they declared that they ordered, and they did so order,
the official judges of the royal exchequer of the king our sovereign
in these islands, that now and henceforth, in the auctions and sales
which may be made of any royal property, it shall be made over to the
person or persons who bid the highest, being knocked down to them
and paid for immediately. They shall admit or receive in no other
way any other bid which may be made by the said creditors. By this
act they so declared and ordered, and signed the same.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almazan_
The licentiate _Albaro Çambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the advocates and attorneys of this royal
Audiencia shall follow the customs of the natives._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas in suits
brought by natives of these islands, wherein they consider in this
royal Audiencia questions of slavery, divisions of inheritances,
slaves, marriage-dowries, and other things, it is fitting that the
advocates and attorneys of this royal Audiencia follow the customs
of the said natives, observed formerly and now in the said suits:
therefore, in order that they may be observed as his Majesty orders,
and that to that end they may keep a copy in their possession, in order
that they may know and observe them, they ordered, and they did so
order, that the said advocates and attorneys in all suits at present
pending in this royal Audiencia, as in those which shall be brought
and continued henceforth, touching the said natives, shall approve and
adhere to the said customs which the Indians were thus accustomed to
follow and do follow; and they shall take a copy of the said customs
which are set down in the books [1] of the royal Audiencia resident in
these islands. They ordered that all the aforesaid persons should be
notified of this act, in order that they may observe and execute it,
under penalty of the loss to the parties; and, besides that, their
consciences were charged with it, and it was declared that they would
be judged guilty for any laxity or neglect which should thus occur. By
this act it was so decreed, and they ordered it to be registered.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almazan_
The licentiate _Albaro Cambrano_
Before me:
_Pedro Hurtado Desquibel_
_An act declaring that no use shall be made of the tariff made by
this royal Audiencia._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas it has been
provided and ordered that the court clerk and other officials of the
Audiencia and ordinary courts shall collect their fees in conformity
with the tariff of the royal Audiencia of the City of Mexico in Nueva
España: therefore, they ordered, and they did so order, that this be
observed and executed exactly as the king, our sovereign, commands;
and that the said officials may not use the tariff which the Audiencia
made concerning the said fees, which is to be withdrawn. No one of
the persons herein mentioned shall collect fees in conformity with
it, under the penalties imposed upon those who collect excessive
fees. This act shall be made known to all the officials whom it
concerns. So they declared, ordered, and decreed.
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the alcaldes-mayor shall not make collections,
nor shall they be given to the official judges; and that the collectors
appointed must be approved by this royal Audiencia._
In the city of Manila, on the seventh of January, one thousand
five hundred and ninety-nine, the president and auditors of the
royal Audiencia of the Philipinas Islands declared that, whereas,
on account of the alcaldes-mayor of the provinces of these islands
collecting, personally or by their agents, the tributes from the
natives in their jurisdiction who pertain to the royal crown,
by commission granted therefor by the officials of the royal
exchequer, there have resulted many injuries and inconveniences,
both to the said natives and the said royal exchequer: therefore,
because it is necessary to avoid the said injuries, and apply a
remedy to the aforesaid evil, they ordered, and they did so order,
that the officials of the royal exchequer of the king our sovereign
should be notified, so that in no way or manner, now and henceforth,
shall they grant the collections, directly or indirectly, to the said
alcaldes-mayor, nor shall the latter have any part of that which is
granted to the collectors. Therefore, the said collectors shall take
oath in due legal form, that they will make the said collection,
taking it for themselves alone, without granting any part to the
said alcaldes-mayor. The latter shall not collect the tribute under
penalty of deprivation of their offices. The said collectors shall
deliver in kind to the royal exchequer the tributes that they shall
collect from the said natives, unless the said officials shall order
otherwise, for the augmentation of the royal exchequer. And in order
that the collectors sent may be fit and proper persons, it is ordered
that those appointed to the office by the said royal officials shall
present themselves before this royal Audiencia, in order that they
may be there approved. The said royal officials shall cause this to be
done, under a penalty of a third part of their salary for that year,
which must be paid immediately upon conviction of disobedience to
this decree. The said collectors shall be vested with the authority
of justice. By this act it was so declared, ordered, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Albaro De Cambrano_
The licentiate _Tellez Almaçan_
Before me:
_Pedro Hurtado Desquibel_
_An act decreeing that the attorney for minors shall not bring a suit,
without first communicating it to the judge for minors._
In the city of Manila, on the seventh of January, one thousand five
hundred and ninety-nine, the president and auditors of the royal
Audiencia of the Philipinas Islands declared that, whereas in this
court there are many minors, whose goods and property are in the
charge of their guardians, who might spend and dissipate the said
goods beyond the use and profit of the said minors, which would be to
their great injury: therefore, because by the attorney and defender
of the said minors entering any suits and petitions with regard to
the aforesaid minors without giving notice thereof, or communicating
with the judge for minors, many inconveniences may result, as a remedy
for this, they resolved and ordered that the said attorney for minors
shall bring no suit for a minor against his guardian, without first
communicating it to the judge who sits or shall sit for minors, that
the latter may order what he deems advisable. By this act it was so
ordered, ordained, and decreed.
_Don Francisco Tello_
_Doctor Antonio de Morga_
The licentiate _Tellez Almaçan_
The licentiate _Albaro Çambrano_