The said president and
auditors shall make inquiry as to the manner in which the ordinances
and instructions given in regard to this matter have been and are
observed, punishing the guilty with all rigor, and providing means to
bring it about that the said Indians shall be better treated and shall
be instructed in our holy Catholic faith, regarding them as our free
vassals. This must be their chief care; it is that for which we have
chiefly to hold them accountable, and that in which they are chiefly
called on to serve us.
72. We command that our said president and auditors shall take great
care to give no opportunity that, in the cases in which Indians shall
be plaintiffs or defendants, orders shall be granted on _ex parte_
motions [_procesos ordinarios_] or that the suits shall be long
continued without prompt decision. Our said auditors shall preserve
the usages and customs of the Indians when they are not plainly unjust,
and shall take care that the same are preserved by the inferior judges.
73. Let our said Audiencia and the bishop see to it that in every
village there shall be a person appointed to give instruction in
doctrine to the Indians and blacks who serve without going into the
field, every day one hour; and to those who go into the field, on
Sundays and feast-days. And let the Audiencia and the bishop compel
their lord to bid them go and learn the doctrine.
74. _Item_: Let no judge of first instance in the district o our said
Audiencia meddle with depriving the caciques [50] of their caciquedoms
for accusations brought before the said judge, on pain of removal
from office and a fine of fifty thousand milreis to our treasury. Let
the decision of the case in dispute be reserved for our Audiencia,
for the auditor who shall next inspect the said villages.
75. _Item_: When a suit is brought against Indians, the plaintiff
may make his complaint before our Audiencia, in whose district they
are; and an order shall there be given the parties that within three
months, which may be extended to not more than six, each one shall
present his testimony. After the testimony of every twelve witnesses
is taken, the report shall be sent, folded and sealed, without other
publication or formal conclusion of the preliminary proceedings, to
our council, that it may decree justice. And our auditors, before
they send the record, shall cause the parties to be cited to come
and appear before the said council in pursuance of
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