| 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. |
|
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 birth-place, station in life, means, and
the real estate that he owns in this country, or in espana. he shall
notify us, in case such person comes here, so that we may deal with
him as the nature of his offense demands. 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. [41] 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. 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. 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. 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 property, in to for
food that needs during his imprisonment, and to the expenses
that he may incur during the journey; otherwise, the commissary shall
send whatever sum be obtain from the property.. .. |