nt 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,
the Indians declare that they punished like crimes better when they
were infidels, while the Sangley infidels assert that their law is
better, for justice proceeds rigorously to punish false witnesses,
which is not done by the royal Audiencia.
3d. _Item_: The said royal Audiencia is the cause of the perversion of
distributive justice. Dignities and offices are given to the unworthy
and undeserving, thus causing those who have served his Majesty to
complain. [20] For the appointive offices and offices of dignity,
both of war and of the districts of alcaldes-mayor, are given to
the brothers, sons, or relatives of the said auditors. These are men
without experience or merit. As a manifest and evident proof of this,
it is not necessary to refer to the events of past years, but only to
what is now current in this city of Manila. There a
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