The Philippine Islands, 1493-1803/Volume 5/Instructions to commissary
INSTRUCTIONS TO COMMISSARY
OF THE INQUISITION
Instructions which the person who is or in future will be the commissary of the Holy Office in the city and bishopric of Manila and the Phelipinas Islands of the West,[1] must mark and observe, in order better to fulfil the office and trust which he holds.
1. For this office shall always be chosen persons who are thoroughly competent and well approved—whose purity of family descent, and exemplary life and habits, have been previously ascertained through written information. Besides this, confidence is placed in their prudence, moderation, and temperance, which qualities will enable them to exercise aright the trust conferred upon them, and they will exercise it, for the public good, for the better transaction of business, and not for any private ends. Above all, it behooves them, and they are earnestly charged, not to employ the name and title of the Holy Office for avenging individual wrongs, or for the intimida-tion or affront of any person. The more such a person shall suspect the inquisitor's friendship, the more prudently must the latter deal with him; otherwise, not only will God be therein offended, but the Holy Office will be greatly wronged.
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-in-ordinary; 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 per-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.
12. The heading of the charge made against any person must begin with the words of the first witness, and not, as is customary with ordinary judges in these regions, the formula, that "it has come to his notice," etc.—inserting first what he has heard concerning the crime from any witness. When the commissary re-ceives documents of many clauses from this Holy Office for the investigation of different matters and against many persons, he will place as introduction to the inquiry that he makes in each case that clause of the document which applies to the matter in question, legalized by the notary.
13. Any arrest made by the Holy Office is a matter of much reproach and dishonor for that person, and of no less damage and injury to his property; therefore an arrest should be made with prudence, care, and for just cause. Authority for this is not given to the commissary, who neither should nor can arrest a person except in special cases, and by a special order entrusted to him against the person who is to be arrested; and even then, the commissary must see that the purport of the said order be executed, without exceeding it.
14. The crime of bigamy is very frequent in this country, so that it behooves all commissaries to make diligent inquiry concerning it, and to punish the crime. If the ecclesiastical or secular court arrest any one for this crime and proceed against him, let them administer justice freely and without hindrance. If they refer the case to the commissary without charge, and without his making any effort for such remission, the latter shall say that it is very well, and that they may refer and send the case to this Holy Office at their own expense—or at that of the prisoner, if he be well-to-do. If they still urge him to receive the case there, that it may be sent by the order and at the expense of the Holy Office, the commissary shall answer that he has no orders from us for such action. If, dissatisfied with this answer, they ask permission to inflict punishment there, he will answer that they may investigate the matter, and may do justice according to law. After that he will allow no more arguments on the question.
15. This clause applies when the said courts have anticipated the case by the arrest of the accused person; for if the latter were free, and through information received from witnesses his two marriages were proved, and the existence of the first wife at the time of the second marriage, which constitutes the crime, the commissary shall arrest and remand to prison the person thus proved guilty—sending with the prisoner the information or original record, but retaining there an authenticated copy of it. Concerning other cases of bigamy, which do not show the same degree of guilt, it will suffice to send authenticated copies of such records or depositions as are received, and to keep the originals. Special information must be sent concerning the prudence of the accused, his station in life, and his wealth; so that after due examination the necessary measures may be taken. If he should come to this country [Mexico], the commissary must give us notice of his coming, so that the Holy Office may hear of it by the first despatches which shall reach Mexico. He shall also write to the commissary who resides at the port of Acapulco, that any attempted absence or flight may be prevented.
16. Concerning the other crimes enumerated in the general edict, after the denunciation has been received and the witnesses have been examined, according to the order laid down in the instructions, it will suffice to send such information without making any arrest or taking other steps. The commissary shall also send information concerning the person's birthplace, station in life, means, and the real estate that he owns in this country, or in España. He shall notify us, in case such person comes here, so that we may deal with him as the nature of his offense demands.
17. As for the judicial proceedings in matters which concern the Holy Office—whether they be settled, or informal, or pending official transactions—which other courts submit to the Holy Office, whether at the instance of the attorney-general or by agreement, all original documents must be delivered, without retaining a copy of any; oath to this effect will be made by the apostolic notary or by the royal scrivener who hands them over. Since suits which do not belong to the Holy Office are sometimes thus handed over, the commissary shall, on account of the danger that they may be lost at sea, not send documents until he shall first examine them. If they clearly prove to be cases not belonging to the Inquisition, he shall return them to the owners. In case of doubt, the commissary shall send an account of the offense, with the evidence, and the status of the process—saying whether it is decided or pending, and whether informal or received on trial; he will also report as to the rank of the accused person, and whether at the time any arrest has been made, or will be made in the future. Ordinarily, whether the case be one of bigamy or of some other crime, the commissary shall proceed as stated in the two preceding clauses. If he should not be sent as prisoner, it will not be right to do so until his offense be investigated here; accordingly the commissary may discharge him under bail or under juratory security.[4] If the accused is unable to provide security, the commissary shall command him not to leave the city, town, or province where the crime occurred and where he owns property, under severe penalties of excommunication, and pecuniary or bodily punishments, suitable to the person's station. If such person wishes to come to this country, he can do so by offering the same bail or security to the Holy Office; but he must first be warned not to make the journey if other matters render such a step unsuitable. He shall be assured that in his absence his trial and his honor will receive the same attention as if he were present.
18. When any arrest must be made according to these instructions, it must, for any case of bigamy, be made according to clause fifteen. The commissary shall issue orders entrusting the matter, as is customary, to some one of the familiars whom he has to keep in the city. Until he has familiars, for lack of them he shall entrust it to the person on whom he has most reliance, and in whose integrity he most confides. When it is necessary, but only then, he may ask for the aid of the royal officials of justice. Whenever this shall be necessary, the royal officials may seize only the person pointed out to them by the Holy Office; and they must assist him, giving their favor and aid only for such person. In order to obtain this help, the commissary needs only to ask for it in polite terms; and it may be demanded without the necessity of giving information, either written or oral, regarding the offense—and, indeed, he shall be very careful not to do so. On the contrary, if anyone should be so inconsiderate as to ask for such information, let the commissary send us a detailed account of what takes place in the matter.
19. Royal magistrates are under obligation to render this assistance, since the request therefor does not require from them any fees, alguacil, or scrivener. The magistrates are also under obligation to receive and keep any prisoner in their jails, to take good care of him, and to account for him, but without exacting therefor any prison-fees. Accordingly the commissary will, when occasion arises, notify the magistrates and request their assistance; and if necessary he will command it, under pain of excommunication and a money fine. Thus he will not be obliged to find another and special prison, and incur the expense of guards. If the rank of the person, and the condition of the prison, and the nature of the crime require a more special and secret prison, on account of the danger that the prisoner may be able to communicate his affairs to other persons, such arrangements are left to the judgment of the commissary, who is charged to see that in these arrests little outcry be made, and that all scandal be avoided.
20. When the criminal is arrested, the commissary shall send him by the first available ship, registering him as being in the shipmaster's charge—commanding the latter (under penalty, if necessary), to take good care of the prisoner until he shall be handed over, at the port of Acapulco, to the commissary who dwells there, who is duly authorized to act. If the prisoner be well-to-do, the commissary shall send at least one hundred pesos' worth of his property, in order to pay for the food that he needs during his imprisonment, and to meet the expenses that he may incur during the journey; otherwise, the commissary shall send whatever sum be may obtain from the property. Since these men who are twice married are not a very dangerous class of people, the commissary may in a case of flight exercise leniency, by allowing them to come and present themselves under a sufficient security, corresponding to their station and means.
21. A sequestration of property is very injurious to a person, especially in the Indias, where all the value of property depends upon its management. The commissary ought not therefore, in any case, to do this; on the contrary, the arrested person shall permit suitable provision for his property, according to his own preference, entrusting it by means of an inventory to some person in whom he has confidence. The latter shall bind himself, in due form, to be the depositary of such goods as the prisoner may leave in his charge on account of his arrest; and in such manner that it may not seem to be a deposit or a sequestration by the Holy Office, but simply a contract between two parties. This accomplished, the commissary shall obtain very minute information about the station of the prisoner, his mode of life, and the means and property that he may possess. If he has any reason to suspect that either the prisoner or the person to whom he has entrusted his property on account of the arrest, is endeavoring to hide, or squander, or alienate the property, he shall be careful not to allow such alienation or any other mismanagement of the property; until the Holy Office, having examined his offense, shall make suitable provision for a legal sequestration: for in punishing a crime, the property of the guilty person is always regarded as an accessory element, to be used in behalf of the person to whom it shall belong after the culprit is released from prison.
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 com-mission 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
- ↑ Fray Santa Inés says (Crónica, i, p. 16) that the use of this phrase (Spanish, Islas del Poniente) arose among Spanish traders—partly because, to reach the Philippines, they followed the course of the sun westward from Spain; and partly to sustain the contention that those islands were "in the demarcation of Castilla, or the Western Indias, and not in that of Portugal, or Oriental India."
- ↑ The Inquisition was first introduced into Portuguese India in 1560; and into Spanish America in 1569 (at Panama). In 1570 it was established in Mexico, of which the Philippines were a dependency in religious as well as civil affairs. Felipe II's decree (January 25, 1569) establishing the Inquisition in the Indias, with other decrees regulating the operations and privileges of that tribunal, may be found in Recopilación leyes Indias (ed. 1841), lib. i, tit. xix. Regarding the history and methods of the Inquisition, the following works are most full and authoritative: Practica Inquisitionis hereticæ pravitatis (ed. of C. Douais, Paris, 1886), by Bernard Gui—himself an inquisitor; it was composed about 1321. Historia Inquisitionis (Amstelodami, 1692), by Philippus van Limborch; English translations of this book were published at London in 1731, 1734, 1816, and 1825. Anales de la Inquisicion de España (Madrid, 1812-13), by Juan A. Llorente, who was secretary to the Inquisition in Spain, and chancellor of the University of Toledo; translations of this book were published in English (London, 1826; and New York, 1838), and in other languages. Historica critica de la Inquisicion de España (Madrid, 1822), also by Llorente. History of the Inquisition (London and N. Y., 1874), by W. H. Rule. The Jews of Spain and Portugal, and the Inquisition (London, 1877), by Frederic D. Mocatta, a Jew. History of the Inquisition of the Middle Ages (N. Y., 1886), by Henry C. Lea. Les sources de l'histoire de l'Inquisition dans le midi de la France au treizième et au quatorzième siècle, by C. Douais, editor of Gui's work; it includes the Chronique of Guilhem Pelisso, "the first written account of the Inquisition."
- ↑ Relaxado (feminine, relaxada): a person abandoned by the ecclesiastical judge to the secular arm [al brazo seglar] referring to the obstinate heretic who refused to abjure and do penance, or to him who after abjuration should relapse. Confeso ("confessed") meant a Jew converted to the Christian faith.
- ↑ An oath taken by a person who has no bail, that he will return to prison when summoned.
- ↑ Referring to the established judge of ecclesiastical causes, the vicars of the bishops, or sometimes to the bishops themselves.