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the same council, under the direction of the Count de Castrillo, who, likewise, used his particular exertions in forwarding its completion. In the year one thousand six hundred and seventy, the licentiate Joseph Gonzalez, governor, having jointly with the whole council examined what progress had been made up to that time, and having taken advice from ourselves, thought it expedient to constitute a commission, composed of the governor and the licentiates Don Antonio de Monsalve, Don Miguel de Luna, and Don Gil, the custejon, who were succeeded by Don Alvaro de Benavidez, Don Thomas D. Valdes, Don Alonzo de Llanos, Don Juan de Santelices, Don Antonio de Castro, Don Juan de Corul, and Don Diego de Alvarado, all of our said council of the Indies, to be assisted by the licentiate Don Fernando Ximenez Paniagua, learned judge of the Court of contratacion, in order to discuss and settle such points as might require mature consideration. Subsequently, Doctor Don Francisco Ramos de Manzano, governor, Count de Penuranda, Count de Medellin, and the Duke de Medina Celi, presidents of our said council of the Indies, continued the same undertaking; and, sensible of the importance, both to our royal service and to public good, of its prosecution * and [ 16 ] completion, took all necessary measures to attain the desired object, and to give it publicity under the proper authority; now, having considered and taken advice on the subject, Prince Don Vincente Gonzaga being governor of the council, we decree and command that the laws contained in this book, and framed for the good government and administration of justice, in our council of the Indies, in our Court of Contratacion of Seville, of the East and West Indies, islands and continent of the Northern and Southern Oceans, of their navigation, fleets, and vessels, and all our possessions and dependencies, which are ruled and governed by ourselves, through our said council, be obeyed, fulfilled, and executed, and that they regulate and determine all suits and differences which may arise in this as well as in the aforesaid kingdoms, although some of the said laws be newly made and enacted, and may not have been published or promulgated, or be contradictory of, or different from, other laws, chapters, in our charters, and regulations of our kingdoms, or from other cedulas, letters-patent, provisions, ordinances, instructions, and acts of government, and other documents, either manuscript or printed; all which, our will is, that, henceforth, they have no authority whatever; that no judgments be given according to them, they being hereby enacted in a different form, or expressly repealed, as we do, by this law, more fully repeal them, but solely according to the laws contained in this compilation, or, in default of them, according to what is enacted by the second law, in the first title and second book of this compilation, the cedulas and ordinances, given at our royal audiences, continuing in full force and vigor, were not contrary to its provisions; when printed, it shall be made up into one volume and book, and placed in the archives of our council of the Indies, revised and signed by the members of our said council; and it shall form an original record, by which, in all cases of doubts and

difficulties which may hereafter arise, the text of said laws shall be corrected and amended; another volume and copy shall, moreover, be deposited in our archives of Simancas, revised and amended, signed by the members of our council; compared and collated with it, which shall remain there, and shall have the same authority as the original. Such is our pleasure. Given at Madrid, the eighteenth of May, one thousand six hundred and eighty-two.

By command of the King, our Lord,

Recorded:

I, THE KING.

D. JOSEPH DE VEYTIA LINAGE,
D. VINCENTE GONZAGA,

D. BERNABE OCHOA,

COUNT DE CANULEJAS DE CHINCHETRA.

D. FRANCISCO DE SALAZAR.

By the grand chancellor :

D. FRANCISCO DE SALAZAR, Substitute.

2.-Lib. II., Tit. 1, Law 2.-(Vol. 1, p. 217.)

The laws contained in this compilation to be observed in the manner and cases herein set forth.

Considering that it is of the utmost importance that the laws framed for the good government of our Indies, islands, and continent [*17 ] of the Northern and Southern Oceans, which have been promulgated in separate cedulas, enactments, instructions, and charters, be collected and digested into one body, and in the form of a code, and that the same be obeyed, fulfilled, and executed: We decree and command, that all the laws herein contained be fulfilled and executed as our laws, and in the manner set forth in the law prefixed to this compilation, and that they all have force of law and supreme authority in whatever they decide and determine; and if it should be deemed expedient to enact others besides those contained in this book, the viceroys, presidents, tribunals, governors, and superior alcaldes, shall give us information thereof, through our council of the Indies, stating their motives and reasons for so doing, in order that, on due consideration, such measures may be taken as shall be thought proper and added in a separate book. We command that no addition be made to the municipal laws and ordinances of each city, nor in those which shall be made by any community or university, nor in the ordinances enacted for the good and benefit of the Indies, and confirmed by our viceroys or royal tribunals for their good government, when not repugnant to the laws contained in this book, which shall have the same force and operation as if they were confirmed by the tribunals (audiencias) until, after being seen by the council of Indies, they shall have been approved or

rejected. And as regards what is not determined by the laws contained in this compilation, with respect to the decision of causes, the laws in the compilation, and partidas of the kingdom of Castile shall be observed in the manner set forth in the following law.

3.—Lib. II., Tit. 1, Law 2.—(Vol. 1, p. 218.)

For the observance of the laws of Castile, in cases which are not provided by those of the Indies.

We decree and command, that, in all cases, transactions and suits which are not decided nor provided by the laws contained in this compilation, nor by the regulations, provisions, or ordinances enacted and unrepealed, concerning the Indies, and by those which may be promulgated by our orders, the laws of our kingdom of Castile shall be observed, conformably to the law of Toro, with respect as well to the substance, determination, and decision of cases, transactions, and suits, as to the form of proceedings.

4.-Ibid. Law 4.-(Vol. 1, p. 218.)

For the observance of the ancient laws in force for the government of the Indies, and of those which have been re-enacted.

We decree and command, that the laws and good customs anciently in force in the Indies, for their good government and police, and the usages and customs observed and retained from the introduction of Christianity among them, which are not repugnant to our sacred religion, or to the laws contained in this book, and to those which have been framed anew, be observed and fulfilled; and it having become expedient to do so, we hereby approve and confirm them, reserving to ourselves the power of adding thereto whatever we shall think fit and will appear to us necessary for the service of God our Lord, and our own, and for the protection of,* and [ *18 ] christian police among, the natives of those provinces, without prejudice to established usages among them, or to their good and wholesome customs and statutes.

5.—Lib. II., Tit. 2, Law 1.-(Vol. 1, p. 228.)

The council of the Indies to be held in the capital, and to have such ministers and officers as are provided by this law.

In consideration of the great benefits and mercies which we have received, and daily continue to receive, from the Supreme Bounty, through the advancement and improvement of the kingdoms and dominions of our Indies, and sensible of the duties and obligations they impose upon us, we desire, on our part (through Divine favour,) to devise the proper means for the good government of so extensive kingdoms and dominions. And in order to provide with more mature deliberation and better counsel, for the service of God our VOL. II.

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Lord, and for the good of those states: We establish and ordain, that, henceforth, our council of the Indies shall reside, together with a president thereof in our capital, near our person, as likewise the grand chancellor, who shall also be a counsellor, such of the learned counsellors as the state of affairs shall require, who for the present shall be eight in number; one attorney [fiscal] and two secretaries, and one deputy [teniente] grand chancellor, all of whom will be persons of approved demeanor, and of noble and high lineage, fearing God, and selected for their knowledge and prudence; three reporters, and a clerk of court, skilful and diligent in the discharge of their duties, and of approved fidelity, four able and experienced accountants, and a treasurer general; two attorneys and solicitors; one historian and cosmographer; one professor of mathematics; one assessor of costs of suits; one advocate and attorney for the poor; one chaplain to say mass on council days; four porters and one constable: all able and duly qualified men, who before being installed in their respective offices, will make oath well and faithfully to discharge their duties, and will observe the ordinances now framed, or hereafter to be framed, by the council, and to keep its secrets.

6.-Lib. II., Tit. 2, Law 2.-(Vol. 1, p. 229.)

The council to have supreme jurisdiction in the Indies, to make laws, examine statutes, and to be obeyed there and in these kingdoms.

In order that the members of our council may more effectually and with more authority assist us in fulfilling our obligations towards so great kingdoms and dominions, it is our will and pleasure that said council have supreme jurisdiction throughout our West Indies, now discovered, or which may hereafter be discovered, and over the transactions there arising and depending; and that the same may with our counsel, and for the good government and administration of justice therein, ordain and make laws, regulations, ordinances, and provisions, general and particular, necessary for the good of those provinces for the time being; and further, that it have power to see and examine, that we may approve and enforce obedience thereto, all ordinances, constitutions, and other statutes, made by prelates, chapters, canons, and convents of ecclesiastics, and by our viceroys, tribunals, councils, and other corporations, in [ 19 ] the Indies, * where, as well as in all the other kingdoms and dominions, in matters relating to affairs of the Indies, and subjects connected therewith, our said council shall be obeyed and respected, in the same manner as our council of Castile, and our other councils are obeyed, in whatever concerns them; and its enactments and commands shall, in every respect, be fulfilled and obeyed in all parts as well of these kingdoms as of those of the Indies, and by all persons whatsoever.

7.-Lib. II., Tit. 2, Law 3.-(Vol. 1, p. 229.)

No council, chancery, tribunal, judge, nor justices of these kingdoms, other than the council of the Indies, shall take cognizance of affairs connected with them.

We decree and command, that none of our royal councils, tribunals, alcaldes, either of our court or house, chancery, or audiences, nor any other judge whatever, or justices of our kingdoms and dominions, presume to take cognizance, or exercise any jurisdiction over the affairs of the Indies, or any thing appertaining to our council of the Indies, either by petition or complaint, or in the form of appeal, in the usual manner, or in execution, in first, second, or any other resort; but that as soon as any causes come before them, they all be remanded to our said council of the Indies. And we command the clerks of the alcaldes of court, the clerks in the provinces, and of the numero, and others whoever they may be, whenever they shall be called upon by our council of the Indies to lay before it any suit or business whatever depending before them, or passing through their hands, which may in any manner relate to, or be connected with affairs of the Indies, to appear in person, and make report of said suits or business, without pleading any cause of impediment whatever.

8.-Lib. II., Tit. 2, Law 41.-(Vol. 1, p. 242.)

The full council necessary to grant and reward.

We command that no petition for relief be answered or decreed, and that no relief be granted, or compensation be made, in the absence of the president, or unless all the members of the council be present.

9.-Ibid. Law 42.—(Ibid.)

The nature of the services and evidence of the same to be inserted in the reports, and placed on record, in cases of petition for rewards.

In the reports made to us, in cases of rewards and compensation for services, the qualifications, merits, and services of the persons in whose behalf they are made, shall be fully stated, together with the testimony, and the facts supporting the same, setting forth how and where such services have been rendered, the compensation made in money or otherwise, and the objections of our fiscal, if such there be; and for the better fulfilment of this, there shall be in the custody of our secretaries a record and statement of said compensation and rewards as shall have been granted by us; and each shall keep one for the provinces and districts resorting to his office.

10.-Lib. II., Tit. 2, Law 43.-(Vol. 1, p. 243.)

No memorial for services shall be admitted which shall not be supported by certificates. No memorial, from any person whatever, shall be received for

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