The Philippine Islands, 1493-1898 — Volume 18 of 55: 1617-1620; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century
History
The Philippine Islands, 1493-1898 — Volume 18 of 55: 1617-1620; Explorations by Early Navigators, Descriptions of the Islands and Their Peoples, Their History and Records of the Catholic Missions, as Related in Contemporaneous Books and Manuscripts, Showing the Political, Economic, Commercial and Religious Conditions of Those Islands from Their Earliest Relations with European Nations to the Close of the Nineteenth Century
Demarcation line of Alexander VI; Missions -- Philippines; Philippines -- Discovery and exploration; Philippines -- History -- Sources
Certain doubts are wont to arise in the matter of jurisdictions,
and the Audiencia and I understand differently one of your Majesty's
decrees which treats of those doubts, which was issued at El Pardo,
November seventeen, six hundred and seventeen. In it your Majesty
orders that the master-of-camp try all causes, both criminal and
military, that touch the soldiers of the presidios, and the ordinary
pay of these islands; and also of the others who may not be ordinary
soldiers, if they shall have been levied for any purpose and have taken
arms in their hands. The appeals of all are to go to the governor
and captain-general. The Audiencia thinks that that should only be
understood in regard to those who may be levied and assigned pay
(as if, having that, there would be any difference between the recent
and the oldest levies), and not in regard to citizens when (because
of the absence of the regular infantry) they take up arms for the
guard of the city, or to go out in emergencies, as many are wont to
do. But I can not see how they could be ordered or how they would obey
with the punctuality that war demands, if the punishment of offenses,
disobedience, and other acts that are criminal in soldiers, were not
in charge of the military judges. In Ytalia and Flandes, the Spanish
soldiers have only one judge, namely, the commander of the army; for
although the masters-of-camp judge in the first instance in cases, that
is only exercised by them when away from the commander-in-chief. Will
your Majesty please order this matter to be examined and declare your
pleasure therein; also in what pertains to the soldiers of forts and
the other paid men in them, for I do not know whether your Majesty
has hitherto given the jurisdiction in the first instance to the
castellans by special decree. Likewise I do not know whether it has
been declared as to whom pertains the trial in the first instance of
the men in the galleys who have a general or lieutenant, or of their
soldiers; or to whom pertains the trial of those who are generally
added to and embarked on the galleys from the companies of this camp.
It is also necessary to know who shall try in the first instance the
sailors and officers of ships, and those who work at ship-trades,
inasmuch as they have no commander or admiral, nor any lieutenant
of mine, in such charge, to whom it is committed by any decree of
your Majesty. The same doubt exists in regard to the artillerymen,
who now have a general of the artillery, as your Majesty has ordered
one to be appointed; and if, when that office is lacking or suspended,
it [_i.e._, the right of trial in the first instance] is vested in
the lieutenant or captain of the artillery, as it was before. I
have written this so long and specific relation to your Majesty,
as I desire that you may in each and every thing order what is most
suitable for your service. [85]
Public-domain text, read in full here on John Shaqi.
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