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
As commander-in-chief, the governor was at the head of a special
judicial system for the trial of soldiers under the military
law. This judicial system was independent of the audiencia, and the
latter body, during the greater part of the history of the Islands,
was denied jurisdiction in these cases, even on appeal. [466] We
have already noted, however, the tendency of the law to excuse
these busy executives from direct participation in ordinary
judicial activities. Notwithstanding the governor's status in the
above-mentioned particular, he seldom intervened personally in
the trial of such cases. His position with regard to the military
jurisdiction was similar to his relation with the audiencia, of which
he was president, but over which he seldom presided.
The actual trial of the criminal cases of soldiers was conducted in
first instance by military tribunals and magistrates. Most prominent
among the latter were the castellán and the maestre de campo. The
captains, themselves, had certain judicial authority within their
companies. [467] Appeals were made from these military judges of
first instance to the captain-general. If there had been notorious
injustice or a grave infraction of the law in the trial of a case of
first instance, it was the governor's duty either to refer the case
to some other magistrate than to the one who originally tried it, or
to a special judicial tribunal. An oidor might be designated to serve
in this tribunal. When the magistrates served in this capacity they
were responsible entirely to the governor and were not identified
with the audiencia. Oidores frequently objected to this service,
but the governor was usually able to enforce these demands, which
were in accordance with the laws and approved by the home government.
The captain-general exercised the pardoning power. Under some
circumstances cases might be appealed to Spain, but in these suits,
most of which involved personal crimes and misdemeanors, the decision
of the captain-general or the local military tribunal was usually
final, if for no other reason than the fact that the soldiers in
Manila lacked the means to carry their cases further. Those cases
which were appealed usually involved principles of law desirable to
be tested by reference to a higher tribunal. The junta de guerra
de Indias received all appeals from the military officials of the
colonies and solved all questions of a judicial or administrative
character that were carried to it.
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