As we have decreed a provision that from now henceforward no Indians
shall be made slaves, both with regard to those who up to this time
have been made so against justice and right, and against enactments
and instructions issued, we direct and command that the _Audiencias_
summoning the parties shall summarily and briefly, merely ascertaining
the truth, without legal quibble, place the enslaved at liberty,
unless the persons holding them as slaves can show a title that they
hold and own them legally. And in order that Indians should not be
held unjustly as slaves for lack of persons to urge the aforesaid, we
command the _Audiencias_ to appoint persons to manage such suits on
behalf of the Indians, and to remunerate them from fines of the Court;
and let them be men of integrity and diligence.
XII. We order that, for the protection of the Indians, the
_Audiencias_ are to take special care that these do not carry loads;
or, if in some parts it cannot be avoided, that it be done in such a
way that the load be not so heavy as to endanger the life, health or
preservation of the said Indians, nor be done against their wills, nor
unless they are paid. In no circumstances is such work to be forced on
them; let those who act otherwise be very severely punished. In this
no exception is to be made for any person whatever.
As we have been informed that the pearl fishery has not been conducted
with the good order that is desirable, and that it has resulted in
the deaths of many Indians and Negroes, we order that no free Indian
shall be taken to the said fishery against his will, under pain of
death; and let the Bishop and the Judge who may go to Venezuela
direct what may appear to them just in order that the slaves employed
in the same fishery--Indians as well as Negroes--be protected, and
deaths cease. And if it should appear to them that the risk of death
cannot be avoided by the said Indians and Negroes, then let the pearl
fishery cease; for, as is reasonable, we value much more highly the
preservation of lives than the profit which may come to us from the
pearls.
Public-domain text, read in full here on John Shaqi.
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