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 junta de guerra consisted of four ministers of the Supreme Council
of War who were designated to sit with an equal number of ministers
of the Council of the Indies. [468] It was, in fact, the executive
committee and at the same time the special tribunal of military affairs
for the Council of the Indies. It passed upon such military questions
as were nominally referred to it by the president of the Council of
the Indies, although these cases automatically came to this junta
without the intervention of the president of the Council. It had
jurisdiction over appeals in cases affecting soldiers tried in first
or second instance in the colonies, over the administrative matters of
armament and defense: the equipment of fleets and military operations,
garrisons, military supplies, and munitions. It also tried appeals from
the tribunal of the Casa de Contratación, and, in fact, it exercised
general supervision over that institution in its various activities.
This was the machinery which existed for the adjudication of military
cases during the greater part of the history of the Islands, the
magistrates of the audiencia officiating as auditores de guerra when
designated by the governor. [469] The royal decree of January 30, 1855,
made a radical reform in this particular, adding two new magistrates,
an auditor de guerra and an auditor de marina and to some extent
relieving the ministers of the audiencia. These magistrates were
appointed by the Minister of War and had original and secondary
jurisdiction over cases involving soldiers and sailors of the
fleet. These new magistrates served as ministers of the audiencia
when their special duties permitted, and they were ordered to consult
with the governor from time to time in regard to matters pertaining to
their respective fields. Though the audiencia was forbidden to concern
itself with cases which belonged to the military jurisdiction, the
regent and two magistrates of the tribunal, acting with the auditor
de guerra or the auditor de marina, could resolve themselves into a
special court for the trial in second instance of cases pertaining
to the respective fields of the last two officials. [470]
Public-domain text, read in full here on John Shaqi.
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