The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
The judge of residencia would seem to have been well occupied during
the time that he was conducting the investigation. He received and
reviewed all charges made. In addition to auditing the records of
the office, he had to pursue inquiries as to the truth of these
charges. He examined witnesses both for and against the defendant,
and was supposed to give the official under investigation every
opportunity to defend himself. He was relieved, however, of the
trouble and responsibility of checking up the financial accounts of the
official under residencia. This important matter was turned over to the
treasury officials, who ascertained shortages, and held the bondsmen
of the official under investigation responsible. [280] The judges
of residencia, and the oidores making investigations and reviewing
cases of residencia were ordered to confine their examinations to
"criminal and legal matters and charges which result against those
under residencia." [281]
After all the evidence had been taken and the case had been duly tried,
the judge of residencia was authorized to render sentence. Sentences
were executed by the examining judge if the penalty did not
exceed twenty-five thousand maravedís. The latter cases were not
appealable. If the fine were less than two hundred ducats and the
defendant desired to appeal, he was obliged to pay the fine or deposit
the amount thereof. His case would then be reviewed by the audiencia
and in order to effect this, notice of appeal had to be submitted in
sufficient time to permit the record of the entire case to be reduced
to writing. If, on review, the audiencia found that the defendant
was not guilty of the charges which had been brought against him,
the money taken as a fine or deposit was restored. If the amount
of the fine exceeded two hundred ducats, or if the defendant had
been convicted of serious crimes, the judge was authorized to take
the proper and necessary steps for the detention of the prisoner
and the seizure of his property pending a new trial in the higher
tribunal. [282] Cases involving more than one thousand pesos could
be carried to the Council of the Indies.
A thoroughly typical case, illustrating all of the ramifications of
a provincial official's residencia, was that of Francisco Fernández
Zéndera, alcalde mayor and military captain of the province of
Ilocos. [283] It was investigated first by a judge appointed by the
acuerdo, it was reviewed by the audiencia and it was finally carried
to the Council of the Indies. It was characteristic in another sense,
namely, in that twelve years passed before the matter was settled.
Public-domain text, read in full here on John Shaqi.
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