and by the kings, our grandfather and father, the said ministers interpose third persons in whose names they own houses and exercise trade, they being the real owners; and whereas our service requires that offences should be punished without waiting for the delays of legal inquiries; we command that, besides the aforesaid penalties, whenever it shall appear that they purchase or have purchased, or that they own or have owned, in the names of other persons, the property above-mentioned, although they may have sold the same, and in fact transferred it to another possessor, they shall forfeit the amount for which such property shall have been sold; and further the person in whose name such property stood, shall incur the penalty of forfeiture to the amount of the sale of such gardens, houses, lands, or estates.

28.-Lib. II., Tit. 16, Law 57.-(Vol. 1. p. 385.)

The ministers not to sow any wheat or corn.

The presidents, auditors, alcaldes, and attorneys, shall in no case sow any wheat or corn, either for their own use or for sale.

29.-Lib. II., Tit. 16, Law 64.-(Vol. 1, p. 386.)

Prohibiting the officers of audiences to trade and contract, which may be proved by informal evidence.

We declare that the prohibition to trade and contract, contained in the laws of this title, extends to the secretaries, servants, and other members of the families of the viceroys, presidents, [ *25 judges, alcaldes, and king's attorneys, in the audiences, and the reporters and clerks, and all other our officers in the Indies, who shall observe and fulfil these provisions as if they were specifically mentioned therein; and from this moment we do declare them as included and comprehended in said provisions, not only in the cases therein provided, but also in all others where it can be proved that they have been concerned, either openly or secretly, in any firm, or traded under the name of a third person or substitute. And we command that the proofs of these offences may be by such witnesses as are deemed competent in cases of bribery of the judges and other officers. And to the end that this may be carried more fully into effect, and that it may be known when these offences have been punished, it is our pleasure, that, in the examinations and inquiries which shall be made into the conduct of our viceroys, presidents, judges, alcaldes, attorneys, governors, justices of the peace, (corregidores,) and other justices and officers in the Indies, the provisions of this law be made the subject of particular inquiry, in order that justice may be executed against the offenders, as well for the past as for the future.

30.-Lib. II., Tit. 16, Law 66.-(Vol. 1. p. 387.).

The foregoing prohibition extends to the wives and children of said officers, while under their authority.

We declare that the law prohibiting the viceroys, presidents, and other officers of audiences, from trading and contracting, extends to their wives, and children unmarried, unless they have taken the veil, or live separately.

31.—Lib. II., Tit. 18, Law 36.—(Vol. 1, p. 412.)

When in cases of grants of lands the persons interested are cited to appear, king's attorney is to be summoned in behalf of the Indians.

the

It being our wish that the Indians be protected and well treated, and that they be not molested nor injured in their person or property: We command that in all cases, and on all occasions, when it shall be proposed to institute an inquiry, whether any injury is to accrue to any person in consequence of any grant of land, whether for tillage, pasture, or other purposes, the viceroys, presidents, and judges shall cause summonses to be directed to all persons whom it may really concern, and to the attorneys of our royal audiences, wherever Indians may be interested, in order that all and every person may take such measures as may be expedient to protect his rights against all injuries which might result therefrom.

32.-Lib. II., Tit. 31, Law 13.-(Vol. 1, p. 484.)

Visiters to ascertain whether certain farms are located to the prejudice of the Indians; and, if so, to see justice done them.

Whereas some grazing farms, owned by Spaniards for the use of their cattle, have been productive of injury to the Indians, by being located upon their lands, or very near their fields and settlements, whereby said cattle eat and destroy their produce, and do them [ *26 ] other damage: We command that the judges who shall examine the lands, make it their duty to visit such farms, without previous request to do so, and ascertain whether any injury accrues therefrom to the Indians or their property; and, if so, that, after due notice to the parties interested, they forthwith, and by summary or legal process, according as they may think most fit, remove them to some other place, without damage or prejudice to any third person.

33.-Lib. II., Tit. 33, Law 1.

OF APPLICATIONS FOR OFFICES.

The audiences to receive applications for offices, and to give their opinions thereon. In order that we may be made fully acquainted with the qualifi

cations and capacity of persons in our service, and that they may be suitably rewarded: We do order and command, that whenever any one shall appear before us, either in person or by attorney, to ask for reward or employment in our royal service, he shall come before the royal audience of the district, and shall set forth the object of his petition, and the said audience shall inquire and secretly receive official information respecting the qualifications of such person; which being done, the president and auditors shall add thereto their opinion of the same, and determine the reward to which he may be entitled; and after having closed and sealed the same, and without communicating it to the party, they will transmit it, officially, through two different channels, to our council of the Indies, in order that, upon consideration, suitable and just provision may be made; and in case the party should wish to apply in person, his application shall be received and transmitted, without the opinion of the audience, in order that the same may be dealt with according to its merits.

34.-Lib. II., Tit. 33, Law 3.

No application to be received from persons who shall not declare what they intend to ask.

If the applicant does not declare before the audience what he intends to petition for, his application shall not be received.

35.—Lib. II., Tit. 33, Law 3.—(Vol. 1, p. 507.)

The informations shall be referred to an auditor of the audience, who shall investigate the qualifications or disqualifications of the party.

Whenever any application is to be received by our royal audiences, they shall use particular care and diligence in examining and determining the qualifications or disqualifications of the applicant, and the president, or the auditor who shall preside in his stead, shall appoint an auditor of the same audience, who shall, in person, execute such investigation of qualifications, and examine witnesses; he shall not refer it to the clerk nor to any other person; and the clerk shall certify that the same were examined by said auditor in person. No other judges but those of audiences shall have power to make such investigations.

* 36.-Lib. II., Tit. 33, Law 4.

[ *27 ]

The witnesses examined to be competent; to be summoned by the king's attorney; the most inviolable secrecy to be kept.

Investigations of office shall be made by the summons and under the directions of the king's attorney of the audience, the witnesses

examined shall be the most honourable, credible, conscientious and competent that can be found, and such as shall be known to be incapable, on any pretence, to conceal the truth; and the auditor shall administer to them an oath to keep the secret, which secret shall be so inviolable that neither the names of the witnesses, nor the subject-matter of their depositions, shall, in any case whatever, come to the notice of the party.

37.—Lib. II., Tit. 33, Law 5.

The opinion to be in the handwriting of an auditor, to be signed by the president, auditors, and attorney; and not to be delivered to the party.

The opinion shall be written in the handwriting of one of the auditors, with the day, month, and year; and shall be signed by the president, auditors, and attorney; and neither the information, opinions, or duplicates thereof, shall be delivered to the party.

38.-Lib. II., Tit. 33, Law 6.-(Vol. 1, p. 508.)

The president and auditors, the attorney being summoned, shall examine the pro ceedings, and give their opinion, and in what form.

We command that after the auditor to whom the investigation has been referred shall have made and completed it, he shall lay the same before audience; and that, in presence of the president and auditors, the attorney being duly notified, and not otherwise, the proceedings be examined, and an opinion given for or against, describing the qualifications of the applicant, and setting forth what the audience shall know or believe of the persons, in what manner they have served us, or whether they have failed in their duties; what compensation they have received in money, offices, extra compensation, or otherwise; what amount in rents, premiums, or remuneration, they are entitled to, and out of what fund to be paid: and if the applicant be a monastery, hospital, or charitable institution, what are its wants, what alms, and where to be given; and they shall endeavour to point out some expedient by which our treasury may not be affected. And they shall, upon all these matters, ascertain the truth, and set it forth entire, briefly, fully, and substantially, without preamble or additions. They shall not recount what may appear from the proceedings, nor refer to them; and if they judge it proper to send the opinion separate from the proceedings, they may do it secretly, and state what connexion of consanguinity or affinity may exist between the applicant and any of the auditors of that audience. The proceedings and opinions shall, moreover, remain of record, in order that, in case of need, copies of the same may be obtained.

* 39.-Lib. II., Tit. 33, Law 7.-(Vol. 1, p. 508.)

[ *28 ]

The king's attorneys shall use due diligence, apply for what is necessary, and give notice thereof to the council.

The attorneys of the audiences shall, on their own part, use all due diligence, and ask for the needful in order that the proceedings and opinions may be accompanied by the proper evidence, and that the deserving may be remunerated. And whereas they are apt to differ in opinion and to require the conflicting opinions to be entered on the journal of the audience, if said audience decline their being so entered, the attorney shall give information thereof to us, in our council of the Indies, and in a separate letter, and of what he thinks proper and fit to be done, setting forth all that shall be well founded, certain and true, in order that we may distribute the rewards according to the merits of those who have performed services.

40.-Lib. II., Tit. 33, Law 8.-(Vol. 1, p. 508.)

No informations to be received except concerning persons of reputation and ability. The opinions to state how long they have been in the Indies, and whether they have exercised any mechanical trades.

The president and auditors shall not admit to give the said information to any persons but those who are generally reputed to possess such merits and qualifications, and to have rendered such services, as will entitle them to a reward from us; and they shall state in their opinions how long such persons have been in the Indies, and whether they have served in menial capacities, or exercised any mechanical trade.

41.-Lib. II., Tit. 33, Law 10.-(Vol. 1, p. 509.)

Governors and judges not to receive information from persons or places remote from the audience; the inquiry to be made by a commission [receptoria]; what is enacted to be observed concerning legal inquiries, [informaciones de oficio.]

We ordain and command that the governors and judges shall receive no informations respecting qualifications and services, but that they shall refer the petitions to our royal audiences; and if the inquiry is to be made in provinces or places so distant from the audiences that the parties cannot without much cost and trouble produce their witnesses, said audiences shall appoint commissions, [receptorias,] before which the governors and corregidores shall proceed personally to receive the informations from the applicants, without substituting others in their stead; they shall transmit the proceedings to the audiences, and the same shall be observed in legal inquiries [informacions de oficio.]