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
There was apparently no limit to the value of suits involving
encomiendas which might be tried in the audiencia, and appealed to
the Council of the Indies. There exists the record of one case in
which the encomienda was valued at 223,000 pesos. In this suit the
fiscal proceeded against Doña Juana Leal and Francisco de Rebolledo,
residents of Mexico, for possession of an encomienda held in the
Philippines. This case affords an illustration of the delays to
which the course of justice was subject, it being appealed to the
Council of the Indies in 1612, and not finally settled till 1620. A
suit involving an encomienda valued at 430,102 pesos came before
the audiencia in 1703, when two residents of Manila, named Delgado
and Abaurrea, were dispossessed of an encomienda by the governor. The
encomienda was awarded immediately to Juan de Echevarría and Antonio de
Endaya. The latter were prosecuted in the audiencia by the dispossessed
encomenderos, and the tribunal, in compliance with the law of Malines,
made the prescribed investigation, recommending that the governor's
action should be disapproved, since the evidence showed that the
persons installed on the encomienda were distant relatives of the
governor. The Council adopted the recommendations of the audiencia in
this case, ordering that the original encomenderos should be restored
to their estate, and that this breach of royal commands should be
registered against the governor to be answered in his residencia.
Another suit, of a similar nature to that described above, was
brought in the audiencia in 1713 against Juan de Rivas, who had
been assigned two encomiendas in Leyte and Cebú, respectively,
by the governor, thus depriving one Saramiento who had held them
formerly. The plaintiff claimed that he had made great improvements
on these estates, spending all his income thereon, and as yet had
received no profits from the lands. He petitioned, therefore, that
these encomiendas should be bestowed upon him for another term. [178]
The audiencia withheld its judgment on this case, referring it to the
Council. That body, after seeking the advice of the royal fiscal and
contador, recommended to the king that Saramiento should be allowed to
retain the encomiendas for another term, and it was accordingly done,
a royal order to that effect being expedited on May 29, 1715.
Public-domain text, read in full here on John Shaqi.
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