treasury fines and expenses of justice and war which
have been in their charge; also that other persons
come to this city after their terms of office have
expired, without waiting to furnish the said residencias,
or being present at them, as is required—whence
it results that his Majesty’s royal exchequer
is defrauded, since it does not have the income of
the said fines and tenths of gold. On the other
hand, the said residencias not being taken, as is
required, nor the public claims before them paid to
their owners, and many other annoyances resulting,
of some importance: therefore, since it is advisable
to remedy the aforesaid condition, they ordered, and
they did so order, now and henceforth, the decree
according to the laws of these realms, providing that
no persons who have held other offices be appointed
to offices of the justiciary, until they have furnished
residencia of those that they previously held, which
shall have been examined and passed upon; and that
such persons shall have deposited, first and foremost,
in his Majesty’s royal treasury, all the fines
and condemnations which shall have been in their charge,
with tenths of gold and other things of which they
must give account, together with the payment of these
and of any other sums which they shall have been sentenced
to pay in their residencias. In order that they
may furnish these, they must be present in person,
during the time prescribed by law, without leaving
their jurisdictions—being warned that if
any person absent himself from the jurisdiction where
he holds office, without first furnishing residencia,
it will not be received or heard by the prosecutor,
and he will be compelled to return to furnish it in
his own person. In order that the provisions
of this act may be strictly enforced, they ordered
that his Majesty’s fiscal register the letters-patent
which shall have been given to the said offices of
justice; so that whatever is ordained by the said
royal laws, and provided by this act, he may claim
when the officials shall be appointed, and the necessary
residencias be taken. Likewise there is to be
delivered to the government secretary of these islands
a copy of this act, so that in the patents of those
who shall be appointed the fulfilment of what is herein
contained shall be formally inserted as a clause,
and his Majesty’s said fiscal shall register
the said patents. They cannot continue to exercise
their offices without first making the said investigation,
exactly observing the provisions of this said act;
and the accountant of the royal exchequer shall likewise
register it; so that whoever shall not have given
an account of the said fines, tenths of gold, and
other matters which shall have been in his charge,
shall not take his office. By this act, they
so voted, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel