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
History
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
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
16. In cases which occur outside of the five-league limit, our
president and auditors may appoint judges by commission [_jueces de
comision_], to hear the cases and to administer justice with regard
to them. Care must be taken that they make their inquiries in cases
which warrant inquiry, and in no others. Such judges by commission
for crimes and misdemeanors shall be given authority only to carry
on a legal inquiry [_informacion_], and to arrest the delinquents and
convey them to the prison of the Audiencia. They may also collect their
fees from those who owe them. The clerks before whom the cases are
carried on shall hand the records in their entirety to the clerks of
the Audiencia, where the matter shall be completed in such manner that
the parties shall be obliged to pay only single fees. And if the clerks
who attend such commissions have no commissioners [_receptores_], they
shall be appointed by our Audiencia, and not by the clerks thereof.
17. _Item_: We command that the receiving of the testimony which must
be taken in the transactions which proceed from our Audiencia shall
be entrusted to the clerks of those cities where it shall need to be
done. If there are no such clerks, our said Audiencia in the interim
during which there are no official commissioners of examination
[_receptores_] [47] shall appoint therefor a suitable person.
18. _Item_: Our auditors in the exercise of civil and criminal
jurisdiction shall receive no fees, or fines, or amercements, or
anything under color of charges for sitting as assessors to the
judges. The fines which they lay in cases where the law assigns any
fine to the judge shall be for our exchequer and treasury, and for
no other person. If the auditors take any of the aforesaid payments,
they shall restore them fourfold.
19. _Item_: We command that when any governors, alcaldes-mayor, or
other magistrates of the district of our said Audiencia, shall fail
to execute the writs and decrees which in our name the Audiencia shall
send them, without showing that they have just cause to desist from the
execution thereof, then in such case the Audiencia may send officials
whose fees shall be at the cost of those guilty of disobedience, which
officials shall cause the process of the Audiencia to be executed,
notwithstanding the provision that the Audiencia shall not send out
special judges of investigation [_pesquisidores_].
20. _Item_: Our Audiencia shall maintain those who have letters-patent
of nobility or privileges of gentility in the said letters-patent
and privileges. In other cases where claims of gentle birth are put
forward, they shall not try them, but remit them to the audiencias
of these kingdoms which have jurisdiction in such matters.
21. _Item_: We command that our president and auditors shall have no
authority to grant permission to go to the provinces of Peru.
Public-domain text, read in full here on John Shaqi.
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