An act decreeing that notaries, whether public or royal, shall be present at the review of charges against prisoners.
In the city of Manila, on the thirteenth of June, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, while making a general review of the charges against prisoners in the royal prison of this court, ordered, and they did so order, in consideration of the fact that the notaries, both public and royal, were not present at the said review with the records of the suits against the prisoners, for which reason the review was hindered, that the notaries should all be notified, collectively and singly, to be present at such review of charges, with the suits that they shall have, in order to report upon them—under penalty of a fine of four pesos for the first offense, to be given to the poor of the said prison. For the second offense they shall be rigorously punished. Thus they voted, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel Page 280
An act decreeing that the prison warden shall maintain a stricter watch over the prisoners.
In the city of Manila, on the twentieth of June, one thousand five hundred and ninety-eight, the president and auditors of the royal Audiencia of the Philipinas Islands, on the occasion of a review of charges against prisoners, declared that, whereas it has come to their knowledge that many of the prisoners in the said prison leave it to eat and sleep, and go to their houses and about their business, and that those who are ordered to imprison them fail to do so, so that from the aforesaid there has been, and is, a great deal of disorder, and that the warden thereof does not fulfil and observe his obligations: therefore, as it is advisable to remedy the aforesaid evil, they ordered, and they did so order, that Baltasar Martin, warden of the said prison, be notified that, now and henceforth, he shall under no consideration permit any prisoner in his charge, during the time of his imprisonment, to leave the said prison for eating, sleeping, or any other matter outside of it. Prisoners who are ordered to be imprisoned shall not be released except by order and command of the judges by whose orders they are arrested. The aforesaid warden shall observe the obligations of his office, being warned that, if he shall act contrary thereto, he will be proceeded against with the full rigor of the law; in addition to which, the penalties for not exercising his said office in accordance with his bond and pledge shall be executed against him. Thus they voted, ordered, and decreed.
Before me:
Pedro Hurtado Desquibel Page 281
An act decreeing that there shall be no hucksters.
In the city of Manila, on the twenty-fifth of June, one thousand five hundred and ninety-eight, the president and auditors assembled in this royal Audiencia and Chancillería declared that, whereas in this said city of Manila all sorts of provisions have become very dear, on account of the disorder that has existed, and does exist, through having allowed many Sangleys and native Indians to go through this city and five leagues round about it, trading and bartering the said provisions—as, for instance, rice, wine, fowls, swine, cows, buffalo, game, eggs, geese, kids, cocoanuts, bananas, pullets, capons, fish, olive-oil, vinegar, and other provisions that are gathered and raised within the five leagues, or are bought from outside from the other provinces, islands, villages, and hamlets—and act as hucksters and retailers of these provisions: therefore, as it is advisable to provide the necessary remedy in this matter, in order that the said disorder be avoided, they ordered, and they did so order, that no person—Spaniard, Sangley, native, or of any other nation, quality, and rank whatever—shall trade or barter, now and henceforth, in the said provisions, or in any of them, in this said city or within the five leagues of its jurisdiction. No huckster shall buy or retail for his own trade or profit any of the above things, under any condition, under penalty of confiscation of everything thus found in his possession which he has bought or traded for—half to be applied to his Majesty's treasury, and the other half to go to the informer or constable who exposes him, or to the judge who gives sentence. Besides this, any person who shall be discovered not to have fulfilled this obligation shall, if he be a Spaniard, Page 282for the first offense be imprisoned twenty days in the common jail; and for the second he shall be banished for six months from this city and the five-league circuit of this court, to a prescribed residence. If he be a Sangley or an Indian, he shall for the first offense be given one hundred lashes; and for the second shall serve in his Majesty's galleys, or at the forge, or in the powder-house, for a period of two years without pay. Those who obtain the said provisions by cultivation and labor within a circuit of five leagues, or who bring them from outside this city to sell them therein, may sell and bring them freely, so that it be not to the said hucksters or retailers; and provided that they bring them first to the public square of this city, or up the river in their vessels, in order that the inhabitants and dwellers in this city may be provided with whatever they may need, for the time and space of two natural days. These being passed, whatever they cannot sell they may carry away, and sell in the other towns within the said five leagues. Likewise, they ordered that no person shall go by way of the sea or the river or by highways whence come the said provisions, to take or buy them from those who should be bringing them, before the arrival of the latter with them in this city, within the five leagues, under penalty of one hundred lashes; and that the alcaldes-in-ordinary, the regidors, and other officials of this city, and the alcaldes-mayor of Tondo and Bulacan and their assistants, shall take especial care for the execution and enforcement of this act in their districts, being warned that they will be punished at their residencias, and will be charged therewith; and warning will be given to those who take their residencias that their punishment be executed. Page 283Thus they voted, ordered, and decreed over their names, and that this act be proclaimed in this city and the suburb of Tondo.