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.

76. Item:  We command that when anyone by his own authority shall deprive another of the possession of the Indians whom he shall have, our Audiencia, prohibiting the said violence and doing justice, shall restore matters to the state in which they were before the act was done.

77. Item:  Let the president and auditors not permit any cacique or chief to come to this country from those regions without our license.

78.  Further:  Our auditors, on two days in the week and Saturdays, if they have no suits of poor persons before them, shall hear cases of Indians against Indians.  We command that the auditor who shall go on a journey of inspection through the country shall have power to try cases with regard to the liberty of the Indians, making report before the Audiencia.  Likewise the auditor who shall inspect the prison of the Indians shall examine the witnesses by personal examination, and not by report.

79. Item:  Our president and auditors shall appoint a judge to allot the waters to the natives for the period during which need thereof may continue, whenever it may be necessary to do so, and no one shall be permitted to molest them therein.  The said judge shall come to the Audiencia to give an account of what he shall have done, and he must not come at the cost of the Indians.  Our said auditors shall take great care not to send a notary to take testimony [receptor] for light causes, to the Indians’ villages or elsewhere, except in a matter of importance, and one in which there is great advantage in sending them.

Fiscal

80. Item:  We command that our fiscal attorney of the said Audiencia shall have no authority to appear as an advocate in any case; and that he shall give his whole attention to what concerns us, our exchequer [camara] and treasury [fisco]; and he shall swear accordingly before our president and auditors.  He shall serve in person, except when he shall absent himself for some just cause for a short time, with the permission of our president, and with his authorization for cases prosecuted at a distance from the seat of our said Audiencia.  Our said fiscal shall take great care to see whether the decrees given and the ordinances made are carried out, especially those dealing with the instruction, conversion, kind treatment, and protection of the Indians.

81. Item:  We command that our said fiscal shall sit on the right-hand bench, taking precedence of all the advocates; and at the inspection of the royal prison he shall sit in the court-room behind the auditors; and the same at the inspection of the city prison, the judges of first instance taking precedence of him; and in all other cases he shall take the best place after the auditors and after the alguazil-mayor of the Audiencia.

82. Item:  We command that our said fiscal shall take care to assist and favor poor Indians in the suits they are carrying on, and to see to it on their behalf that they are not oppressed, maltreated, or wronged—­acting in conformity with our laws and ordinances.

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