The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

5.  It sometimes happens that certain ecclesiastical or lay judges take up matters belonging to the Holy Office, and make judicial inquiries therein.  The question whether they should forbear from investigation of such cases, and submit them to others, has caused differences to arise between them and the commissaries, and has made them set forth most weighty arguments.  Since the main care shall be to prevent such clash of authorities, in order to avoid this it is enough to bid them not to meddle in such matters.  But if they persist in doing so it will be necessary to send them an injunction, couched in very respectful terms, drawn up in writing before a notary; to note their answers; and then to report everything to the Holy Office.

6.  In cases of disobedience, disrespect, hindrance, and obstruction to the free and just exercise of the Holy Office, which also are wont to occur, the commissary shall be careful not to lose his temper, or to give way to words or deeds injurious and offensive to any person; on the contrary, that is the time for him to control himself and show great moderation.  He shall make a diligent and full inquiry from other persons regarding the whole case, and shall notify us through his report; in this way any disobedience or disrespect on the part of a judge or a private person will be punished with greater rigor and justification.  The delay which is apparent in this case might seem injurious, but it will not be so—­as it is not in the transactions of the Inquisition; for, after men have slept soundly, they are awakened by a very exemplary punishment.

7.  Denunciations regarding the matters contained in the edict shall be received in the commissary’s own house, in a suitable, secret, and convenient place.  They shall always be made by day, unless it should be necessary to receive them by night.  The persons who come for this purpose must be treated with kindness, each according to his station in life.  Every sort of infamy upon the party concerned must be avoided as much as possible.

8.  In receiving denunciations there shall be no delay, but rather great care and diligence, as likewise in examining the evidence, following and keeping within the bounds of the injunctions laid down in the instructions which are especially sent for that purpose.  The same and even greater care, and much attention, are required in forwarding depositions.

9.  Since it often happens that some of the witnesses are out of the city, and therefore depositions must be taken in different places, let the case in question decide the course of procedure, whether or not the commissary shall order the witness to appear before him.  Usually there is no need to cause the witnesses the trouble of coming a long distance, when the investigation can be entrusted to the parish priest [cura] or vicar of the place, the notary making certification at the head of the authorization therefor given to him by this clause.  A case may arise where it

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The Philippine Islands, 1493-1803 — Volume 5 of 55 from Project Gutenberg. Public domain.