X. We decree and order that our said Presidents and Judges be
empowered to send and do send to take _residencias_ of our Governors
who are subject to our said _Audiencias_, and of their Officials
and our other Magistrates, how and when it may seem to them proper,
according to the suits that may arise. For this purpose they shall
send trustworthy and prudent persons who know how to conduct them
and do justice to those who have made complaints against them [these
officials]--in conformity with the laws of our kingdoms and the rules
for _Corregidores_. The reports of _residencias_ which may be taken
as aforesaid of our Governors of Islands and Provinces are to be
sent with all despatch to our Council of the Indies that they may be
considered and decided by it. But all other _residencias_ which may
be taken of our other Magistrates, we will and command that they be
examined and adjudged upon, by our Presidents and Judges of our said
_Audiencias_ and be not sent or brought to our said Council; it is
not to be understood from this that the members of our Council may
not send and take the _residencia_ of the said Governors when it may
appear to be necessary.
As one of the principal things in which the said _Audiencias_ are to
serve us is to take very special care about the good treatment and
preservation of the Indians, we command that they shall always keep
themselves informed of excesses or bad treatment which are or may be
committed by Governors or by private persons, and of how these have
observed the Ordinances and instructions that have been given them,
which have been made to ensure the good treatment of the Indians; and
in so far as such excesses have been or may in future be committed,
let the said [_Audiencias_] take care to remedy it, by punishing the
offenders with rigour in conformity with justice; and in suits between
Indians or against Indians, let them not permit ordinary procedure
to be followed, nor allow the hearing to be protracted, as sometimes
happens through the jobbery of some advocates and attorneys, but
let them be settled summarily, allowing weight to their usages and
customs, if they be not clearly unjust; and let the said _Audiencias_
take care that this is observed by the other lesser Judges.
XI. We decree and command that from now onward, neither because of
war, even though under the category of rebellion, nor by barter, nor
for any other cause in any other way, may any Indian be made a slave;
and we wish them to be treated as our subjects of the Crown of Spain,
for that they are.
No persons may make the Indians serve by way of "naboria" or
"tapia,"[166] nor in any other way against their wills.
Public-domain text, read in full here on John Shaqi.
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