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
Many suits involving encomiendas came up prior to the establishment
of the audiencia; the defects apparent in the trial of these cases by
the governor show clearly the need of an audiencia at that time. The
earliest case noted in this connection was prosecuted in 1580 by the
asesor of the governor against Doña Lucía de Loaxa, the widow of an
encomendero, with the object of dispossessing her of an encomienda
held at Butuán, Mindanao. [175] She was charged with having nullified
her title by marriage to another encomendero, since the law forbade
married women to hold encomiendas. In her defense she alleged that
the desire of the governor to enforce the law was only pretense,
since many married women in the Philippines held encomiendas. She
stated that the governor desired to deprive her of her property in
order that he might bestow it upon a friend. This case was carried
to the Council of the Indies, and it illustrates the effectiveness
of the law of Malines, which took from the governor authority over
a case in which he was interested and gave final jurisdiction to the
tribunal in Spain. The papers pertaining to this case were returned
to the governor with orders to do as the law commanded. The defendant
was accordingly removed from the encomienda.
Another case was disposed of in a slightly different manner. On January
22, 1581, Juan Gutiérrez de Figueroa, second husband of Magdalena
Rodríguez, widow of an encomendero of Mindanao, filed suit before the
governor praying to be continued as possessor of an encomienda which
his wife had held prior to her marriage to him. He brought the suit
on the grounds that he was a soldier and was accordingly deserving
of reward. This case, in accordance with the provisions of Malines,
came within the jurisdiction of the governor. He denied the petition,
but the soldier appealed the case to the Council of the Indies and that
tribunal again reversed the decision of the governor on May 23, 1584.
Public-domain text, read in full here on John Shaqi.
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