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
service, no change was made, and the funds continued to be remitted
to Mexico until 1815, when the suspension of the regular galleon
eliminated the possibility of this practice. [337]
The juez de difuntos was frequently opposed in the exercise of his
special jurisdiction by other officials of the colony. Many cases
involving these conflicts of jurisdiction were appealed to the Council
of the Indies. Among the most frequent were the quarrels which took
place between the captain-general and the juez de difuntos over
the question of the special military jurisdiction of the latter,
and the claim of the juez de difuntos to administer the property
of military and galleon officials. For example, on July 6, 1757,
the juez appealed to the Council for jurisdiction over the property
of a deceased galleon official on the basis of the rights conceded to
him by the laws of the Indies; [338] the governor claimed the right to
administer this property on the ground that the galleon officials were
appointed by him, and that they were held by the laws of the Indies
to be under the military jurisdiction. This case was decided in favor
of the juez de difuntos, and may be considered as having established
a precedent for his subsequent jurisdiction over such cases. [339]
Probably the most notable case of conflict between the civil and
military jurisdictions and one which involved the juez de difuntos
occurred at the time of the death of the lieutenant-governor and king's
lieutenant, Pedro Sarrio. The latter had left his property by will to
his brother, the Marqués de Algorja, a resident of Alicante. He had
appointed a resident of Manila as executor. The governor claimed that
the right to administer the property belonged to the executor. The
juez de difuntos, on the ground that Sarrio had left heirs in Spain,
contended that the funds should be administered by him, as the executor
did not have authority to transmit the property to Spain. This case
was carried to the Council of the Indies; no record appears of its
ultimate solution, but it is illustrative of the commonly accepted
principle that the juez de difuntos should have authority over the
administration of all property which had to be transmitted to Spain for
distribution among heirs. [340] The governor's contention against it
was based on the fact that Sarrio was a military official. As we have
already seen, the law of August 29, 1798, authorized the settlement
of the property of soldiers by special military courts. [341]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account