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قراءة كتاب The Philippine Islands, 1493-1898 — Volume 06 of 55 1583-1588 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Sho

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The Philippine Islands, 1493-1898 — Volume 06 of 55
1583-1588
Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Sho

The Philippine Islands, 1493-1898 — Volume 06 of 55 1583-1588 Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Sho

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دار النشر: Project Gutenberg
الصفحة رقم: 6

respectively.

Translations: The first document is translated by Henry B. Lathrop, of the University of Wisconsin; the second and fourth, by Alfonso de Salvio, of Harvard University; the third, by Arthur B. Myrick, of Harvard University; the fifth, by José and Clara M. Asensio; the sixth, by Herbert E. Bolton, of the University of Texas.

Foundation of the Audiencia of Manila (concluded)

Commissioners

251. [Examinations not to be repeated.]

252. Item: We command that the said commissioners of examination [receptores], and special clerks who go on inquiries, shall not play games of chance, except for articles of food ready to be eaten, on pain of removal from office.

253-259. [Form of entry of witness's oath; fees charged must be endorsed; cases must be accepted promptly, in due order; absence and accounting for writs; fees received must be recorded; commissions may not be begged for; reports of investigations made out in public form must be given to the parties.]

260-264. [Taxing of charges; discharge of commissioners on completion of commission; commissioners may not be employed if they are relatives of clerks, attorneys, or advocates, or if they have boarded or lodged with them within a year; procedure on second trial.]

265-272. [Procedure in the assignment of commissions; cases accepted must not be thrown up; requests of parties for summoning of witnesses are not to be entered on the record; testimony is to be taken before local magistrates, if so desired; rights of commissioners-in-ordinary and of supernumerary commissioners to assignments.]

273. Item: A commissioner of inquiry may be appointed as soon as there shall be two court clerks appointed, or even one, that possible frauds may be avoided.

274-277. [Procedure in the event of challenge of commissioner; procedure for appointment of commissioners within and without the five leagues; oath of commissioner for outside cases; commissioners and clerks to take down testimony themselves, with no other person present.]

278. Item: No supernumerary commissioner shall be appointed without being examined, and giving bonds for the administration of his office. No dependent or member of a household of our said president and auditors may be appointed to such commissionership, under penalty that the clerk appointed contrary to this ordinance shall lose all fees and salary for the time during which he shall occupy himself with the commissionership.

279-280. [The number of lines on a page in a record of inquiry; the number of words in a line; the excellence of handwriting required; the dating of reports of examinations.]

Bailiffs

281-284. [The bailiff's [portero] duties; his fees those of the bailiffs of the royal council; a lodging to be given him in the building of the Audiencia; tardiness fined one peso; excessive fees to be repaid sevenfold to the exchequer; presents for good news not to be accepted—penalty, fourfold repayment to the exchequer; the bailiff to enforce rules of precedence.]

Jail Wardens

285-286. [The warden [carcelero] shall accept no gifts from prisoners or others for them; shall not oppress them, or relax their imprisonment, or dismiss or arrest them without warrant; his oath.]

287. [His fees are those assigned to alguazils in the official table of fees.]

288. [A separate ward must be provided for women.]

289. [Nightly inspection is required. If prisoners escape through the warden's fault or negligence, he must suffer their penalty, or pay their debt]

290. [A full record of the prisoner's name and the circumstances of his imprisonment must be kept]

291. Item: He shall not entrust the keys of the prison to any Indian or black, on pain of being compelled to pay in his own person and estate the damage and injury which shall follow from his having so entrusted the keys.

292. [Warden and jailers are to have no business dealings or familiarity with the prisoners, or eat or gamble with them.]

293. [The jailers must live in the prisons.]

294. Item: There shall be a chaplain in the prison, to say mass before the prisoners daily; and the ornaments and other things necessary therefor shall be provided and paid for from the exchequer fines. The jailer shall take care that the chapel or place where mass is said shall be clean.

295. Item: He shall cause the prison and the cells thereof to be swept twice a week; and to be provided with clean water, so that the prisoners may drink without paying any fee. No jail-fee shall be charged to boys arrested for gambling, or to officials of our Audiencia arrested by order of our president and auditors—under a penalty of a fine of four times the amount, paid to our exchequer.

296. Item: No permission or opportunity for gambling shall be given in the jail, for money or other things except food. Wine shall not be sold to the poor; or, if sold, shall be sold at the price it is worth, and no more. No jail-fees shall be received from the poor under penalty of a fourfold fine for our exchequer.

Interpreters of the Audiencia

297. Item: We ordain and command that there shall be a body of interpreters for our said Audiencia; and that before they are admitted to exercise that office they shall swear in due form to perform their duties well and faithfully, in declaring and interpreting the case or matter committed to them, clearly and openly, without concealment or addition—declaring simply the fact of the crime, business, or testimony under examination. They shall likewise swear not to be partial to either side, or to favor one more than the other, and not to accept any reward for their service beyond the fee assessed and fixed for them, under the penalty decreed for forswearers, and the damages and interests of the parties, and a sevenfold return of the amount received, and removal from office.

298. Item: They shall receive no gifts or promises from Spaniards, or from the Indians, or from other persons who shall have or shall expect to have businesses or suits with them. They shall not accept such gifts or promises, of great or small amount, even for articles of food or drink; and even if these are voluntarily offered, without any request for them being made by the said interpreters or by others. In case of violation of this ordinance, they shall pay sevenfold what they have taken, for our exchequer; and charges thereof shall follow the procedure prescribed for charges against the judges and officials of our Audiencia.

299. Item: We ordain that the said interpreters shall not listen, in their own houses or out of them, to Indians who shall come to plead or do business in our Audiencia; but shall take them, without listening to them, to the said Audiencia, that there the case may be heard and determined in conformity with justice. In case of violation of this ordinance, they shall suffer for the first offense a penalty of three pesos for the court-room; for the second, double the penalty applied as aforesaid; and for the third, in addition to the said double penalty, they shall be dismissed from office.

300. Item: They shall not arrange the pleadings of Indians, nor be attorneys or solicitors in their cases and affairs, under the penalty prescribed in the preceding ordinance, applied as aforesaid.

301. Item: They shall be present at the meetings of court, at hearings,

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