Before me: _Pedro Hurtado Desquibel_

_An act decreeing the making of a book in which shall be entered

the decrees sent and to be sent by his Majesty to these islands,

in order that they may be observed and executed._

In the city of Manila, on the twenty-first day of the month of January,

one thousand five hundred and ninety-nine, the president and auditors

of the royal Audiencia and Chancillería of these Philipinas Islands

declared that, whereas the king our sovereign, by his royal ordinances,

ordains and orders a book to be made, in which to inscribe the decrees

that he has sent, and shall send, to these islands, and that it contain

an account of their execution: therefore, they thereupon ordered, and

they did so order, the said book to be made, and entrusted it to the

clerk of the court. He shall inscribe therein all the decrees that

the king our sovereign has sent and will send to these islands, so

that henceforth a detailed account of their observation and execution

shall be kept, as his Majesty orders. By this act they so provided,

ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_That interlocutory decisions shall be concluded at one demand from

each party._

In the city of Manila, on the twenty-first of January, one thousand

five hundred and ninety-nine, the president and auditors of the

royal Audiencia and Chancillería of the Philipinas Islands declared

that, whereas his Majesty ordains and commands by one of the royal

ordinances for this royal Audiencia, that interlocutory decisions

shall be concluded, in trial and review, at one demand from each of

the parties, and that the clerk of court receive [no] other demands:

therefore, in order that the aforesaid be exactly executed, they

ordained and decreed that the attorneys of this royal Audiencia shall

conclude the said interlocutory decisions in trial and review, at one

demand from each party, without giving or presenting more demands,

with the warning that any others presented shall not be admitted. The

clerk of court is warned in the present that he shall not receive

them under penalty of a fine of two pesos, to be employed as it shall

seem proper, and delivered into the charge of the collector of fines

of this royal Audiencia, upon whom the execution of the above shall

be most carefully charged. And they ordered it to be proclaimed,

and especially to the said attorneys. So they provided, ordered,

and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act providing that no proceedings shall be conducted in suits

between Indians, without a decree from this royal Audiencia._

On the twenty-first of January, one thousand five hundred and

ninety-nine, the president and auditors of the royal Audiencia

of the Philipinas Islands, declared that, whereas, in one of his

royal ordinances, the king, our sovereign, commands the aforesaid

president and auditors that, in suits and civil and criminal cases

between Indians, the usual proceedings shall not be conducted or

issued, except in cases decreed and ordered by an act of this royal

Audiencia: therefore, in order that the aforesaid shall be exactly

fulfilled, they ordained and decreed that it should be communicated

to the said attorneys of this royal Audiencia, that when, in the name

of any natives, they shall bring suits against other natives, before

bringing these suits they shall notify this royal Audiencia--in order

that, if thought best, they may be docketed, and if not, that the cost

and expense may be avoided. Those which shall be prosecuted shall be

docketed by formal decree of this royal Audiencia, and in no other

manner. They must strive to be brief and precise in everything. The

notaries both of this royal Audiencia and the other jurisdictions

thereof are ordered, in the collection of fees from said natives,

to employ great moderation, and to despatch their business promptly,

in order that all his Majesty's orders and decrees may be observed

and fulfilled. Moreover, they commanded that the aforesaid notaries

be notified of this act. So they provided, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the attorneys shall go, within three days, to

the office of the clerk of court, to settle suits that are concluded._

In the city of Manila, on the twenty-first of January, one thousand

five hundred and ninety-nine, the president and auditors of the royal

Audiencia and Chancillería of these Philipinas Islands declared that,

whereas, on account of the non-appearance of the attorneys of this

royal Audiencia at the office of the clerk of court for this royal

Audiencia, to settle and otherwise regulate suits and cases which are

concluded, in order that they may be reviewed and decided, there is

great delay in their revision and decision, so that the interested

parties are subjected to great harm and annoyance: therefore,

to remedy this, they ordered, and they did so order, that all the

attorneys of this royal Audiencia shall be notified that, whenever

the said suits are concluded, wherever they shall be brought, within

the three days first following they shall appear at the office of

the above-mentioned clerk of court, and there settle and dispose of

them, so that there shall be nothing wanting, and that they may have

the necessary despatch--being warned that, if they do not thus come

within the said term, the said clerk can settle the said processes,

and send them to the reporter for him to review them in court. And if,

by the said attorneys' negligence, the parties suffer any harm, the

said attorneys shall pay them for it in their persons and goods. By

this act they so declared, ordered, and decreed.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the notaries shall not collect their fees

entirely from each of the parties, but that each one shall pay the

part he owes._

In the city of Manila, on the twenty-first day of the month of January,

one thousand five hundred and ninety-nine, the president and auditors

of the royal Audiencia and Chancillería of these Philipinas Islands

declared that, whereas it has come to their knowledge that both the

notaries and the reporter [_relator_] [2] of this royal Audiencia and

of the other jurisdictions of this court, collect fees for the trial of

suits and other acts thereof in entirety from each of the parties at

whose petition they may take action, saying that they should pay them

entirely: therefore, because the aforesaid proceeding is to the great

harm and damage of the parties, to make them thus pay what they do not

owe, and since the aforesaid evil should be remedied, they ordered,

and they did so order, now and henceforth, that the said notaries

and reporter, or either of them, shall not collect in any way, or in

any case, the fees owed by one of the said parties from the others,

but that each one shall pay what he owes. On account of not paying the

total fees, the party who would wish his suit to be tried, shall not

have it delayed; but, as soon as he has paid his share, his suit shall

be despatched with all celerity. And they declared that they charged,

and they did so charge, their consciences with this; and furthermore,

that whoever shall disobey this decree shall be convicted and sentenced

to pay a fine four times as great as the sum thus exacted, for his

Majesty's treasury, in addition to the fines which those who exact

excessive fees incur. By this act they so declared, ordered, and

decreed; and that this act shall apply to any person whom it concerns.

Before me:

_Pedro Hurtado Desquibel_

_An act decreeing that the attorneys shall not speak in suits wherein

they shall not have been authorized to do so._

In the city of Manila, on the twenty-first day of the month of January,

one thousand five hundred and ninety-nine, the president and auditors

of the royal Audiencia and Chancillería of these Philipinas Islands

declared that, whereas the attorneys of this royal Audiencia often take

it upon themselves to speak and make allegations in suits in which they

have no authority, and in which they have not appeared as parties to

the said case, certain nullifications can be created--for which reason

the said case may be brought again, and the parties thereto subjected

to considerable injury and expense: therefore, to obviate the said

injuries and other inconveniences of reconsideration, they ordered,

and they did so order, that, now and henceforth, neither the said

attorneys nor any one of them shall take it upon himself to speak,

nor shall they speak in any suit or case, unless authorized therefor

by the party in whose favor they shall speak, or unless he has proved

himself to be a party to the suit--under penalty that he who shall

disobey this decree shall incur a fine of four pesos of common gold,

as soon as he shall be judged guilty thereof; three of them to be given

to the royal hospital for Spaniards, and one to the bailiff in charge

thereof. And under the said penalty, the clerk of court is ordered

not to give any one of the said attorneys any suits or petitions,

unless empowered thereto by the parties concerned. By this act they

so ordered, declared, and decreed.

The Philippine Islands, 1493-1898 — Volume 11 of 55 1599-1602 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 Close of the Nineteenth Century · 第 15 / 74 题