The Philippine Islands, 1493-1803 | Page 4

in the Philippines. Great care must be exercised in the choice of that official; he must be very discreet in his actions, and observe most strictly the rule of secrecy in all transactions connected with his office and proceedings. All cases of heresy are to be referred to the Holy Office; accordingly, no cognizance of such cases is to be taken by bishops or other ecclesiastical dignitaries. The commissary is warned to control his temper, to be careful and thorough in his investigations, and to report to the Holy Office any cases of disrespect or disobedience to his commands. Careful instructions are given for procedure in receiving denunciations against suspected persons, on which are placed various restrictions, as well as upon arrests made in consequence of such accusations. The commissary is expected to investigate various crimes, especially that of bigamy; but he should, when possible, leave its punishment to the regular courts. In case of any accusation for this or other crimes, he should send to the Inquisition at Mexico all available information regarding the accused; in certain cases the latter should be sent to Mexico. The royal officials of justice are required to assist the commissary on his demand, and the public prisons are at his disposal; but he may at his own discretion select a special and secret place of imprisonment for a person arrested by him. The prisoner is to be promptly despatched to Mexico, to be tried by the Inquisition there. The commissary is warned not to sequestrate the property of the accused, but to see that it be administered by some capable person. Funds to provide for the prisoner's journey and his food, clothing, and other necessary expenses are, however, to be taken from his property--enough of it for this purpose being sold at public auction. None of these procedures shall apply to the Indians, who shall be left under the jurisdiction of the ordinary ecclesiastical courts; but cases involving Spaniards, mestizos, and mulattoes shall be tried by the Inquisition. Its edicts against certain books shall be solemnly read in public, for which procedure instructions are given. The commissary must visit the ships arriving at the ports, and examine their officers according to his instructions; but this applies only to Spanish ships which come from Spanish possessions. The especial object of such visitation is to confiscate any books condemned by the Inquisition which may be conveyed by the ships. Doubtful cases are left to the commissary's discretion, since he is at so great a distance from Mexico.
Another valuable document is the decree which provides (May 5, 1583) for the establishment and conduct of a royal Audiencia (high court of justice) in Manila. Provision is made for a house wherein this court shall sit, and for its powers and the scope of its jurisdiction; and instructions are given for its course of procedure in the various matters which shall come before it. Certain duties outside their judiciary functions are prescribed for its members; among these are the oversight of the royal exchequer, and inspection of inns, apothecary shops, and weights and measures. The Audiencia shall despatch to the home government information regarding the resources of the islands, the condition of the people, their attitude toward idolatry, the instruction bestowed upon Indian slaves, etc. It shall fix the prices to be asked by merchants for their wares; keep a list of all the Spanish citizens, with record of the services and rewards of each; audit the municipal accounts of the city where the court is established; and allot lands to those who settle new towns. Its powers in regard to ecclesiastical cases of various kinds are carefully defined. Felipe orders that the papal bulls be proclaimed only in those towns where Spaniards have settled, and then in the Spanish language; and that the Indians shall not be compelled to hear the preaching of them, or to receive them. Specific directions are given for the manner in which the Audiencia shall audit the accounts of the royal treasury, and it may not expend the moneys therein; it shall also audit the accounts of estates in probate. Its members must especially watch over the welfare of the conquered Indians--punishing those who oppress them, and seeing that the natives receive religious instruction, in which the Audiencia and the bishop shall cooperate; and various specific directions are given for the protection of the Indians and their interests. The duties of the officials subordinate to the Audiencia--fiscal attorney, alguazils, clerks, jail-wardens, and others--are carefully prescribed, as also are those of advocates. The remainder of this document will be presented in Vol.?VI.
The Editors May, 1903.

DOCUMENTS OF 1582

Letter to Felipe II. Gonzalo Ronquillo de Pe?alosa; June 16. [2]Relacion de las Yslas Filipinas. Miguel de Loarca; [June]. Letter to Felipe II. Fray Domingo de Salazar;