Page:The Philippine Islands, 1493-1803 (Volume 05).djvu/306

 tions until, after being thus presented before the said Audiencia, they shall swear in due form that they will well and faithfully perform their duties, observing the laws, decrees, and ordinances dealing with the same; and that they will not promise or give, and have not promised or given, for the sake of those offices, or for the profits thereof, or for anything else, the services of themselves or their men; and that from the income and profits of the said offices they have not given or promised anything. The same oath shall be required of the alguazil-mayor who shall present them, and likewise from the substitute alguazils—under the penalty prescribed for forswearing, and of dismissal from office.

94. Item: We command that they shall not take gifts or gratifications from the prisoners or from others for them, or for this cause lighten imprisonments or release prisoners. And they shall not make arrests without warrant, except in flagrante delicto, on pain of dismissal from office, of being incapacitated for future employment, and of being required to repay fourfold what they have thus taken, to our exchequer.

95. Item: Our said alguazil-mayor shall appoint no jailer without first presenting him before our Audiencia, that it may be seen whether he is fit and able, and that he may be approved by our president and auditors—on pain of losing the right to appoint for a year. And the appointment shall be made by my said president and auditors.

96. Item: We command that he shall have no authority to take fees for executions without the previous payment of the party in interest, under the penalty prescribed for forswearing, and the other