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any others but those who are zealous in the cause of our holy religion, and exemplary in their conduct and ministry. Monks shall not be permitted to take any of their relatives with them to the Indies. Those sent to the Phillipine islands by our order shall be particularly protected and favoured: no monks shall go from those islands to China or Japan to instruct the people of those empires in the christian doctrine, without the license of the governor, and of the archbishop. The monks who go on missions to convert and instruct the native Indians shall be supplied with what is necessary, and receive favour, honour and protection.

The prelates and visitors of religious orders, appointed to examine and reform them, shall receive all requisite aid from the viceroys and tribunals; these visitors must not occasion any expense, injury or vexation to the Indians. No profes sed monk shall hold any particular property directly or by means of lay trustees. The order of St. Francis shall receive out of the royal treasury an annual pension or allowance of two hundred ducats. The religious orders may hold their chapters and elections where they think fit, provided it be not in the Indian towns. The monks must not intermeddle with the affairs of government, nor shall our judges interfere in the administration or discipline of the religious houses of either sex: but the viceroys and audiences may remedy and adjust disputes between monks and Indians; those disputes which arise between the regular and secular ecclesiastic, shall be made known to the prelates, by whom the offending parties shall be justly chastised.

Baptisms must not be performed, nor marriages celebrated in convents. The monks shall preach gratuitously in the metropolitan and cathedral churches on festival days. They shall not employ Indians as servants, unless when absolutely necessary, and never without paying them reasonable wages: they shall not keep shops or engage in any kind of commerce: they must not come from the Indies to Spain, without the express license of their prelates, and the permission of the vice

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roy or governor; nor shall they bring more money with them than is necessary for the expense of the voyage. No fessed monk shall act as agent, procurator or solicitor, nor appear or be heard in court, without first exhibiting the special license of his prelate.

TITLE XV.-CONTAINING THIRTY-FIVE LAWS.

OF MONKS EMPLOYED AS RELIGIOUS INSTRUCTORS OF THE INDIANS.

In the presentation and appointment of those religious instructors, the regulations and forms of the royal patronage shall be observed. The said instructors must be well acquainted with the language of the Indians whom they are appointed to instruct: they must be furnished by the prelates of their respective orders with sufficient clothing and sustenance, and particularly with wine: they must also be provided each with a horse, so that they may be enabled to visit the sick Indians, to afford them consolation, and administer to them the holy sacraments. When practicable, they shall live together in small communities of three or four each. They must not employ the Indians to carry burdens on their shoulders. If their own prelates fail to punish them for their offences, let it be done by the ordinary, pursuant to the provisions of the council of Trent. They must observe the ordinances of the synodal councils, and must contribute to the support of the collegiate ecclesiastical seminaries.

TITLE XVI.-CONTAINING THIRTY-ONE LAWS.

OF TYTHES.

Forasmuch as the ecclesiastical tythes of the Indies belong to us by the apostolic grants of the sovereign pontiffs, we command the officers of the royal revenue, in their respective provinces, to recover and receive the tythes as they become due, so that the churches may, by means thereof, be supplied with

suitable ministers, and provided with every thing necessary for the service and worship of God.-Tythes are due on the following articles: to wit, wheat, corn, barley, rye, millet, maize or Indian corn, Indian wheat, large wheat, oats, peas, French beans, lentils, vetches, rice, cocoa, and every species of grain, vegetables and seeds. The tythe shall consist of a full tenth of each article, without any deduction or defalcation whatever. Tythes are also due on lambs, kids, young pigs, young calves, colts, young mules, asses, chickens, goslings, ducklings, and young pigeons, though raised for domestic use; also on milk, cheese and wool; on fruits of every kind, except pine apples; on garden vegetables of every de scription; on honey, wax and bees; on silk, flax, hemp, cotton, the shumac herb, madder, wood and chalk. First fruits are also due on every thing gathered; that is to say, if six bushels or upwards be gathered, the first fruits shall be half a bushel, and never more. If less than six bushels be gathered, no first fruits shall be paid thereon.-Sugar shall pay, in lieu of tythes, five per cent., if coarse, and only four per cent. if it be refined.-The tythes of cattle shall be payable in the fields where they are raised. The tythes of agricultural produce are payable where it is cut down or gathered. The Indians shall not be forced to carry their tythes on, their shoulders for the clergy. Gold, silver, pearls, precious: stones, and generally all metals are exempted from paying yunes.-The estates of the king, and those of the knights of the military orders shall pay tythes.-In the Indies no personal tythes shall be levied.-From the tythes of each bishoprick shall be taken the subsidy or portion allotted by the act of its erection, for the use of the bishop and chapter. Of this portion, the one fourth part shall belong to the bishop himself; and if it falls short of 500,000 maravedis, e deficiency shall be supplied from the royal treasury.-Theythes of each cathedral church shall be appropriated as follows: one half of the whole shall be given to the bishop and chapter: the other half shall be divided into nine equal parts, No. XXII.

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whereof two parts shall be reserved for the king, three parts for building and repairing the cathedral church and the hospital, and the remaining four ninths shall be appropriated to pay the curates and other ecclesiastics, pursuant to the provi sions of the act of erection. When the tythes are not sufficient for the support and endowment of a cathedral church, they shall be collected and placed in the royal treasury, which shall thereupon become charged with the support of the prelate, the chapter, and the cathedral ministers. The parochial tythes shall be rented, and the amount shall be distributed as follows: one half to the bishop and chapter of the diocess: the other half shall be divided into nine equal parts, whereof two parts shall be for the king, three parts for the support of the parochial church and the hospital, and the remaining four ninths for the maintenance of the parochial ministers, and the administration of the holy sacraments.-The receipt and administration of the king's ninths of tythes shall belong to the officers of the royal revenue. The ninths shall be taken from the gross amount of the tythes, without any deduction. The fiscal officers shall be present at, and superintend the renting of the tythes. When the episcopal tythes are sufficient for the support of the cathedral, the administration of those tythes shall belong to the bishop and chapter. When the accounts of the receipt and distribution of the tythes are taken, a fiscal officer and a judge shall attend. Tythes shall never be rented to ecclesiastics, of any class or denomination, directly or indirectly.

TITLE XIX.

OF THE TRIBUNALS OF THE HOLY OFFICE OF THE INQUISITION.

Law 2. We receive into our protection, and place under our royal safeguard and protection, the apostolic inquisitors of our Indies, their ministers and officers, with their property and every thing appertaining to them, in order that they may reely exercise the holy office with which they are charged.

And we command that no person, of whatever state, condition or dignity he may be, shall presume to injure or disturb them, or permit them to be molested in any manner, on pain of incurring the punishment of those who violate the safeguard of their natural lord and king.

THE CIVIL LAW.

A translation of the body of the civil law has long been a desideratum in English literature. The Digest or Pandects of Justinian, the great reservoir of that system, is the foun tain from which have flowed most of the laws by which all the nations of the christian world are now regulated. Yet that rich fountain remains locked up, not only to the mere English scholar, but even, in part, to the classical Latinist, who has not studied the technical phraseology of the Roman jurispru dence. To supply this deficiency would be honourable to America; and we are not without hopes that this may be done, even through the medium of the Law Journal, if the public or the profession will afford it an adequate patronage.-The fol lowing article is offered, as a specimen of such a translation as we believe could be obtained: it is from the pen of Mr. Workman, and is intended, not only to give the precise meaning, but to preserve also, as far as our language will permit, the peculiar style of the original. The Latin is printed opposite to the English, that the learned reader may at once judge of the correctness of the version.

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