22. Money for the prisoner’s food, for the expenses of his journey, according to his station, and for his bedding and clothes, must be taken entirely from his estates; and if he has none, let such of his goods be sold as will inflict least damage upon him, to the amount necessary, at a public auction before a notary or a royal scrivener. No officer or agent of the Holy Office shall take anything from the said sale, either personally or through agents—a command which is general in all cases when goods are sold by the Holy Office, whether they are sequestrated or not. To better ascertain which of the goods would cause him least damage, it will be advisable to consult the opinion and desire of the interested party.
23. All that has been said thus far concerning the acceptance of denunciations, and the reference of cases, prisoners, and proceedings to the Holy Office, does not apply to the Indians—against whom the commissary shall not proceed for the present, but shall leave them to the jurisdiction of the ordinary.[5] Cases involving them are not to be referred to us. All other cases, in which mestizos, mulattoes, and Spaniards, of all classes, are involved, shall be tried exclusively by the Holy Office rather than by the ordinary courts, as specified in the fourth clause of these instructions.
24. The Holy Office is wont to issue edicts—as, for instance, the general edict concerning matters of the faith, and other specific ones—for the prohibition and seizure of certain books. The public reading of these edicts is of the utmost importance, having the force of a notarial summons. It always takes place in the cathedral church, where the people are commanded several days beforehand to meet, under pain of excommunication. The sermon is assigned to the most learned preacher of reputation and authority, who preaches it elsewhere, on that same day; notice is therefore given to the monasteries and to all concerned. The Holy Office shall appoint both the preacher and the day, although it is best to make arrangements therefor with the prelate, and obtain his concurrence; for in so doing nothing is detracted from what is due to the Holy Office. Although the penalty of excommunication is imposed, it is not held to bind any except those who for petty considerations neglect to heed it. In denouncing their guilt the commissary shall absolve them, imposing upon them only some secret spiritual penances and not any pecuniary or ignominious punishment. Others who through carelessness, negligence, or ignorance, fail to appear, the commissary shall discharge with a gentle reprimand, setting at ease their consciences in regard to the excommunication.
25. The Inquisitor therein anticipating the action of any other judge is accustomed to visit all ships which arrive at the ports, no matter whence they come; therefore the commissary shall do so, if he is in a place where it can be done, and shall ask the principal officers of the ship the questions sent with these instructions. If he is unable to do so in person, he will entrust the matter to the parish priest or the vicar who resides in the port, sending him a copy of the questions to be asked. He will notify us as to the ports chiefly frequented by ships, where it will be best to keep persons with a special commission from us; and will name some of the persons to whom this commission may be given. When the commissary has succeeded in visiting the ship at its station in the harbor, the captain, master, or clerk, or some of the passengers will find it necessary to go ashore, to the city; then, while the supplies most needed are being procured, he will examine them. In all this it is very important to avoid carelessness. This is understood only of ships which belong to Spaniards and come from Nueva Spaña, Piru, or Panama, or from Portuguese India, or from other regions.
26. One of the most important reasons for inspecting the ships is the books, especially the boxes which come as cargo. The royal officials and magistrates of his Majesty who reside in the ports shall send the said boxes to the commissary of the Inquisition, without opening them or taking any books out of them. The commissary shall open them and examine the books, comparing them with the general catalogue; and after seizing such as he finds are prohibited, he will give the rest to the owners To this end the commissary shall make known to the royal officials of the city, and to those who reside in the ports, the ordinance which accompanies this paper; and this applies even when the said boxes of books have been previously examined by another inquisitor.
27. Whenever a ship departs from the islands, the commissary must send replies to the letters which are written to him, and information of what is occurring there.
28. Finally, we recommend the examination of these instructions—which, although so full in their provision for all contingencies, properly apply to ordinary occurrences, with a few clauses for which provision had already been made. The most difficult task, therefore, will be to examine them carefully at first, and to bear in mind that any doubtful cases are to be decided by the commissary as shall be necessary, since he is so far away [from Mexico]. With this, and the confidence that we place in him personally and in his prudence and great zeal, we trust that the commissary will meet all success.
Given at Mexico, March first, one thousand five hundred and eighty-three.
The licentiate Bonilla
The licentiate Santos Garcia
By order of the Inquisitors:
Pedro de Los Rios