services, which shall not be supported by certificates from the [20] viceroys, generals or other chiefs, under whom such services shall have been performed, except those persons who shall have served in the councils.

11.—Ibid. Law 44.—(Vol. 1, p. 243.)

A petitioner for services performed by another person shall have to prove that he is entitled to claim the compensation.

Whoever shall apply for services rendered by another person, even by his father, besides proving that no compensation has been received, shall have to prove his right to present the claim; and the papers exhibited for that purpose shall be certified by the oldest counsellor, [togado,] and by the secretary, who shall declare whether he is so entitled, and the amount shall be adjudged by the council, conformably to said certificates.

12.-Lib. II., Tit. 2, Law 45.—(Vol. 1, p. 243.)

The memorial to set forth all the services, and no others to be admitted.

The party addressing a memorial shall therein set forth all the services rendered by him up to its date, because no other shall thereafter be admitted; and the members of our royal council of the Indies, shall receive orders not to admit them.

13.-Ibid. Law 46.—(Ibid.) :

In case of pretensions for fresh services, the council shall certify whether they are entitled to additional compensation.

If, after relief shall have been granted to a person who shall have performed additional services, additional compensation be asked for the same, the council shall inquire and declare whether they are entitled to further compensation, and if so, the memorial shall be admitted for consideration.

14.-Lib. II., Tit. 2, Law 47.-(Ibid.)

A person alleging services which he cannot substantiate, loses his compensation for those that are proved, and the right of petitioning for the same.

A memorialist alleging, in his petition, services which are uncertain, and cannot be proved, thereby forfeits his claims for such as are substantiated, and the right of petitioning for the same.

15.-Ibid. Law 54.-(Vol. 1, p. 245.)

No claim for relief to be presented a third time, or be reconsidered.

We command, that no claim for compensation for services, grace

*

or relief, or connected with such subjects, of whatever description, be brought before the council a third time; and we permit, that in cases of petitions and memorials for rewards, or for compensation for services, or other matters of grace, the same may be entitled to consideration and reconsideration, the records whereof, and of all matters connected therewith, shall remain in the custody of the secretary of the council, together with the other papers of the office; and after having thus been twice considered, the case shall be closed and ended; and if, with a view of fraudulently using a [ 21 ] second time the pleadings and papers, the petitions were withdrawn or secreted, or any of the memorials and decrees contained therein, the person guilty of so doing, if an attorney, shall be suspended from his office for the term of six months; and if the party himself, or any other person acting in his name, he shall incur a fine of ten thousand maravedis to our treasury; and the same shall be observed in cases where, after decision by the report made to us, the party shall have declined accepting the first compensation allowed, or where none shall have been granted.

16.-Lib. II., Tit. 2, Law 55.-(Vol. 1, p. 245.)

The pleadings, in cases of claims for services presented by the parties, not to be returned to them, and the official records to be kept secret.

We command that the records of proceedings for services rendered, made out at the request of the parties, and laid before our council of the Indies for the purpose of obtaining compensation, be not returned to the said parties, and that they remain in the custody of the secretaries, who shall keep them as heretofore provided; and the official records made out by the audiences, and sent up, together with their opinions, shall be kept secret, so as to prevent their being seen or read by any one not in possession of the secrets of the council.

17.-Lib. II., Tit. 5, Law 7.-(Vol. 1, p. 275.)

The fiscal to have communication of the petions for relief, whenever he shall require it, and may plead against them.

The king's attorney [fiscal] may allege and state whatever he may see fit, in the interest of our service, against petitions for reward or compensation for services, and against the pleadings and opinions of the tribunals [audiences] which shall be presented for that purpose; all which shall be communicated to him whenever he may require it.

18.-Lib. II., Tit. 6, Law 24.-(Vol. 1, p. 283.)

Rescripts and orders for rewards not to be entrusted to the audiences.

Whereas inconveniences have arisen from the practice of giving

our rescripts and letters of reward, patronage or appointments in our Indies, or others of the same description, directed to our tribunals, [audiences,] which have taken those occasions of interfering in affairs of government: We command that none be henceforth given in that form, by our council of the Indies, but that the said letters be addressed to the viceroys, presidents or governors.

19.—Lib. II., Tit. 6, Law 25.—(Vol. 1, p. 283.)

Orders for compensation not to be given after four months, without a supplement. Orders for compensation, which shall not be taken out within four months, shall not be delivered without a supplement.

[ *22 ] 20.-Lib. II., Tit. 15, Law 1.—(Vol. 1, p. 323.)

Dividing the discovered part of the Indies into twelve jurisdictions, [audiencias,] and in governments, corregimientos and alcaldias mayores.

Whereas twelve tribunals [audiences] and royal chanceries, with the limits prescribed in the following laws, have been established in those parts of our kingdoms and dominions in the Indies which have been discovered to this day, for the government of our subjects, in peace and justice; and whereas their districts have been divided into governments, corregimientos, and alcaldias mayores, in compliance with our laws and orders, and subordinate to the royal tribunals, [audiences,] and all of them under the jurisdiction of our supreme council of the Indies, which represents our royal person: We ordain and command, that, henceforth, and till further. orders, the said twelve audiences be continued, and, within their respective districts, the governments, corregimientos, and alcaldias mayores, existing at this time, and that no alterations be made therein without express orders from ourselves or from our council.

21.-Lib. II., Tit. 15, Law 16.-(Vol. 1, p. 330.)

Decrees of the [audiences,] tribunals to be observed and fulfilled as if emanating from the king; and what they are to do in case of war.

We ordain and command, that all our councils, judges, justices, knights, squires, officers, any good men of the cities, towns and villages in the Indies, who at any time, and on any occasions, in time of peace or war, may have been called by our president and auditors of the royal tribunals, [audiences,] do assist them, and execute and fulfill all that the same shall, in our name, say and command them to do, as good and loyal subjects, and with the fidelity which they owe us; and that for their fulfilment, they grant them all the aid and favour which they may require and demand, under pain of incurring our disgrace, and the other penalties to which are subject such vassals as do not assist their kings and masters, and refuse to execute their decrees and commands, to

which penalty we condemn them, in case of disobedience, to be executed upon their persons and their goods.

We do further command that where the president is governor and captain general, the royal tribunal [audience] shall issue no orders, in matters of war, nor shall interfere therein whenever the governor and captain general shall be present; these being under his exclusive jurisdiction, or when absent, under that of the audience. This shall be so executed wherever the laws in this book make no special provision in the case.

22.—Lib. II., Tit. 15, Law 35.—(Vol. 1, p. 334.)

Those who shall think themselves aggrieved by the acts of the viceroy or president, may appeal to the audience.

We declare and command, that, whenever a person shall think himself aggrieved by any official act or decision of the viceroy or president, he may appeal to our audiences, where justice shall be done to him, according to the laws and ordinances; and [ *23 ] the viceroys and president shall not prevent their appeals, nor shall be present at the examination and decisions of their causes, for which purpose they shall abstain from attending.

23.—Lib. II., Tit. 15, Law 43.—(Vol. 1, p. 336.)

The viceroys and presidents to exercise jurisdiction in matters of government; the captains generals in matters of war.

Matters and affairs of government are under the exclusive jurisdiction of viceroys and presidents, with the privilege of appeal to the tribunals, [audiences,] as provided by law 35 of this title. And we command that, in cases of doubts, the orders of the viceroys and presidents be executed, and that the audiences give us notice thereof, together with their motives and reasons, in order that we may take such measures as may be necessary. And matters relating to war, military government, and garrisons, are under the jurisdiction of the captains general, and the audiences shall not take cognizance thereof, even by way of appeal: for our pleasure is, that, if any person shall think himself aggrieved by the decisions of the captain general, such person shall, in cases where he is of right entitled thereto, be allowed to appeal to our board of war of the Indies; and in cases of soldiers, the laws contained in the title which treats of such matters shall be observed.

24-Lib. II., Tit. 15, Law 57.-(Vol. 1, p. 340.)

In the absence of the viceroy or president, the tribunals [audiences] to assume the government; the senior auditor [oidor,] to take the place of the president, although he were captain general.

We command that, in the absence of the viceroy or president, or

during their inability to govern, our royal tribunals [audiences] shall succeed to the government, and shall have the same power as the viceroy or president while serving in those capacities: the senior auditor [oidor] shall be president, and shall alone decide in all matters properly belonging to the president; if a captain general, such senior auditor shall, nevertheless, exercise that office until we shall have appointed a successor, or sent thither such person as, agreeably to our orders, shall be authorized to that effect, unless, by the laws contained in this book, some other or contrary provision be made with respect to particular audiences.

25.-Lib. II., Tit. 15, Law 164.-(Vol 1, p. 365.)

Each audience to keep a register of the inhabitants and their occupations, a copy of which to be transmitted to the council.

The audiences shall besides keep a register, where shall be inscribed the names of the inhabitants of their respective districts, a statement of their services, and the amount of compensation paid to each, in money, by way of extra compensation [ayuda de costa] or otherwise, and of the offices to which he has been appointed; which register shall agree with the journal of the audience, in order [*24 ] that whenever a claim for services shall be presented said audience may set forth its opinion thereon. Of this register a copy shall be translated to our royal council of the Indies, with as little delay as possible; and if, subsequently, there be made to it any addition, correction or amendment, information thereof shall immediately be transmitted to us that the corresponding alterations may be made in the copy first sent, and that we may know what is the nature of the services, and grant the proper compensation.

26.—Lib. II., Tit. 16, Law 55.-(Vol. 1, p. 384.)

The auditors, [oidores] alcaldes, and king's attorneys, [fiscales,] shall not own any houses, huts, estates, gardens, or lands.

We forbid the auditors, [oidores,] alcaldes, and king's attorneys owning, in any case, or in any manner whatever, any houses for their dwellings or for rent, or any huts, estates, lands, or gardens, or building any houses or stores within the cities where they may reside, or without the same, or in any other place within the district of the audience, in their own right, nor in that of any other person, directly or indirectly, under the penalties incurred by those who trade, contract, or exercise any lucrative occupation.

27.-Lib. II., Tit. 16, Law 56.-(Vol. 1, p. 385.)

The officers mentioned in the preceding to forfeit the value of their estates, even after disposing of them; as also the persons in whose name they were held.

Whereas, notwithstanding the provisions enacted by the emperor,