2. As soon as the commissary receives his appointment, and before he makes use of his powers, he must accept it in the presence of an apostolic notary or a royal scrivener, in whose presence he shall give oath of secrecy and fidelity according to the minute accompanying these instructions. He will show the said title to the governor, and to the ecclesiastical and lay cabildos, in order that they may receive, treat, and recognize him as a commissary and agent of so holy an office. He will take great care not to exceed his commission, but to fulfil it, observing these instructions and other particulars which will be sent to him, which treat of the manner of receiving acknowledgments, substantiating testimony, and visiting ships. To show the certificate of appointment to the cabildos is only a mark of courtesy, and in no way a necessary proceeding; for there is no need of their permission or approbation. The commissary is advised of this because the patent for his commission does not require any other contrasignature or permission for its validity.
3. Secrecy is the surest means, which the Inquisition is to employ very rigorously, for the detection and punishment of crimes. Therefore the commissary is strictly charged to observe secrecy in reference to these instructions, or any others which shall be sent to him, or letters written to him about business, and all else that comes to his notice in the capacity of commissary. He shall impose the same secrecy upon all those who act as accusers or witnesses, or who ratify their former testimony, and upon all honest persons who are present at such ratification—ordering all the said parties to observe secrecy, under pain of excommunication, and under the obligation of the oath which they took when making their depositions. The commissary, moreover, shall impose other punishments, pecuniary or corporal; and shall enlarge on the gravity of the sin committed in the disclosure of a secret by a witness, with this warning, that the Inquisition punishes from the standpoint of example, and according to the character of the person and the nature of the transaction. On account of the great distance, [to Manila][2] it is fitting to make this provision, that whenever any person who shall incur excommunication for having disclosed a secret shall come, of his own free will, to ask for absolution, therefore with the confession of his guilt the commissary shall absolve him, and impose upon him some secret spiritual penance, such as will entail no stigma or infamy. The commissary shall submit his own denunciation to the Holy Office, without making further investigations concerning the matter except in serious cases. But should the disclosure of a secret result in any marked injury or bring dishonor to a person, in such an event further information is required, in order that in either case the Holy Office may, after due examination, justly dispose of the matter as is fitting, although no change will result for the absolved person.
4. Special care must be taken to warn bishops, vicars-general [provisores], visitors, and vicars, that they are not allowed to mention crimes of heresy or the like in their public letters and proclamations during visit; for his Holiness has referred and submitted such cases to the most illustrious inquisitor-general and the inquisitors appointed by him in all the kingdoms and seigniories of his Majesty. Therefore they shall try these cases privatim, which other judges can neither try, nor undertake to investigate, nor otherwise handle. Since in visitations crimes often come to light which must be tried by the Holy Office, warning must be given that these should be submitted to the Inquisition, with all secrecy and without the knowledge of the guilty party. The same must be done in suppressing the titles of vicars, in annulling the head of processes and charges made by the bishops, and in suppressing the title of inquisitor-inordinary; for in these regions the jurisdiction over the crime of heresy is wholly apostolic, except in case of the Indians. If any doubt, contention, or difficulty regarding the execution of this clause should arise, the commissary, without further inquiry, shall promptly notify us that he has warned, in especially polite and respectful language, the prelate concerned, to whom he must show much reverence—for the reverential respect which is due him should not be in the least abated by the privilege of the commissary’s office.
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 is best to wait for the witness, and it may be desirable to hold him, in order to examine him personally; this is left to the commissary’s choice, for, having the case before him, he can decide what is best to do. If any one be summoned on the affairs of the Holy Office and shall not render due obedience, a written order must be sent to him, imposing upon him the penalty of excommunication and a fine in money, should he disobey. A report of all proceedings in each individual case shall be made, so that the disobedient person may receive exemplary punishment, according to his station in life and the nature of his disobedience.
10. Some are accustomed to send their denunciations through memorials, with or without their signatures, or by letters-missive; but, since these persons write them under no pressure or oath, and without the presence of a judge or a notary, they expand their accusations to the detriment of their neighbor’s reputation. Therefore the commissary ought to avoid as much as possible the acceptance of such letters and memorials, and shall order the witnesses to declare under oath what they know of the matter, in order to free their consciences, and shall examine them concerning the facts. If the acceptance of such a letter cannot be avoided, the person who writes it should be summoned and made to acknowledge it under oath before a notary, after which he should be examined about the letter. If the letter be written from a distant place, the rule in the preceding clause can be followed.
11. Likewise some persons, moved by passion more than by commendable zeal, are wont to denounce others on the ground that they are confessos, and therefore not entitled to wear silk, carry weapons, ride on horseback, or do other things forbidden to them by laws and royal ordinances of these realms, as well as by the instructions of the Holy Office, as likewise is set forth in the edict. In these cases one ought to be careful not to accept such depositions except from children and grand-children of relaxados, or from children of a relaxada,[3] or from persons who themselves have been reconciled to the Church [reconciliados]. The commissary may receive denunciations from these three classes of persons, and send them to the Holy Office, without making any arrest, issuing interdicts, or taking other steps. On the contrary he will maintain great secrecy, and charge the witnesses to do the same. As for other persons denounced as confessos, since they are not in the said class, nothing will be written. On the contrary, the same secrecy will be imposed upon the witnesses and they shall be very kindly admonished to be silent, and not to slander their neighbors, informing them that the Holy Office will take no offense at what they have testified.