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The Philippine Islands, 1493-1898 — Volume 17 of 55 - 1609-1616 - Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Sho by Unknown
page 74 of 297 (24%)
2d. _Item_: That the said royal Audiencia not only is useless in
these islands, but a signal harm to, and destroyer of the peace and
quiet of the natives of the islands, because of the Indians' method
of procedure and their characteristics. These are quite different
from the characteristics of the Spaniards, for when the Indians have
quarrels and disputes, they do not come to knife-thrusts or blows,
but present false testimony. For this the royal Audiencia's method
of procedure is very suitable. When an Indian is accused by a false
witness whom they present, the Audiencia immediately have the accused
man arrested and thrust into prison, which is the end desired by his
opponent in order to avenge himself; for he knows quite well that the
prisoner has entered the prison not for a few days or months. If the
accuser wishes to proceed with his investigation, he presents more
witnesses and proves whatever he desires. He can find witnesses for
anything, as the Indian's nature is as facile in swearing falsehood
as truth. Cases like this are actually seen daily. In grave matters
the innocent and guiltless are punished and condemned to the galleys,
while the guilty and deceivers are left free and unpunished. The
ministers of the gospel, who know the truth of the matter, and how
things are tending, seeing that those punished blaspheme the name
of God--saying that those who condemn them are Christians and men
placed there in the stead of the king to administer justice, but who
administer injustice--the religious, then, incited by their zeal for
the honor of God, inform the judges. That the truth may be known,
they go to give information of what they know. The judges answer that
they have to judge _juxta allegata et probata_, without proceeding
to inquire of the nature of the witnesses. Consequently instead
of administering justice they administer injustice. They condemn
the innocent, and allow the criminals to go free. False testimonies
continue to increase. False witnesses have no fear of justice. Finally,
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