hat
the parties shall be obliged to pay only single fees. And if the clerks
who attend such commissions have no commissioners [_receptores_], they
shall be appointed by our Audiencia, and not by the clerks thereof.
17. _Item_: We command that the receiving of the testimony which must
be taken in the transactions which proceed from our Audiencia shall
be entrusted to the clerks of those cities where it shall need to be
done. If there are no such clerks, our said Audiencia in the interim
during which there are no official commissioners of examination
[_receptores_] [47] shall appoint therefor a suitable person.
18. _Item_: Our auditors in the exercise of civil and criminal
jurisdiction shall receive no fees, or fines, or amercements, or
anything under color of charges for sitting as assessors to the
judges. The fines which they lay in cases where the law assigns any
fine to the judge shall be for our exchequer and treasury, and for
no other person. If the auditors take any of the aforesaid payments,
they shall restore them fourfold.
19. _Item_: We command that when any governors, alcaldes-mayor, or
other magistrates of the district of our said Audiencia, shall fail
to execute the writs and decrees which in our name the Audiencia shall
send them, without showing that they have just cause to desist from the
execution thereof, then in such case the Audiencia may send officials
whose fees shall be at the cost of those guilty of disobedience, which
officials shall cause the process of the Audiencia to be executed,
notwithstanding the provision that the Audiencia shall not send out
special judges of investigation [_pesquisidores_].
20. _Item_: Our Audiencia shall maintain those who have letters-patent
of nobility or privileges of gentility in the said letters-patent
and privileges. In other cases where claims of gentle birth are put
forward, they shall not try them, but remit them to the audiencias
of these kingdoms which have jurisdiction in such matters.
21. _Item_: We command that our president and auditors shall have no
authority to grant permission to go to the provinces of Peru.
22. _Item_: We ordain and command that all criminal cases which shall
come for judgment, from all parts of their jurisdiction, before our
said Audiencia, of whatsoever nature or importance they may be, shall
be tried, decided, and determined as on examination and review before
our said Audiencia. The sentence accordingly given shall be
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