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
It seems that the above prohibition did not apply with the same force
to fiscales as to magistrates. This is illustrated by a case which
arose in 1804 when Fiscal Miguel Díaz de Rivera was deprived of his
office by royal decree for having married without the permission of
the Council of the Indies. [412] The fiscal had married the daughter
of the corregidor of Pangasinán, who was a colonel in the Spanish
army. The mother of the girl was a Eurasian from Madras, and had
been a subject of Great Britain. Under the date of May 27, 1805,
Díaz sent a petition to the king, bearing the endorsement of Governor
Aguilar, demanding his restoration to office. Among the reasons cited
for the proposed reinstatement of the fiscal, it was said that Díaz,
being a prosecutor and not a magistrate, was not subject to the same
regulations and conditions as the oidores, whose judicial duties
rendered impossible their marriage within the Islands. Aguilar stated
that the purpose of the law had been to debar ministers from making
such marriage connections as would diminish the respect which the
community should have for them as oidores of a royal audiencia, thus
undermining their standing as magistrates. In this instance there
could have been no case of degradation because of the high standing
of the mother and father. Moreover, a fiscal could not be regarded
as a magistrate, and the same laws did not apply to both classes of
officials. As an outcome of these representations Díaz was restored
to office by the royal decree of October 13, 1806. [413]
A duty similar to that just noted, inasmuch as it was indicative
of the authority of the governor over the oidores, was his power
to examine and try criminal charges against the magistrates. A law
which was in force from 1550 to 1620 ordered that the president
should be assisted in the trial of criminal charges against oidores
by alcaldes ordinarios. On September 5, 1620, this law was modified
by the enactment of another, which ordered that in cases involving
imprisonment, heavy fines, removal from office, or the death penalty,
the governor should make the investigation and refer the autos to
the Council of the Indies for final judgment.
Public-domain text, read in full here on John Shaqi.
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