The Philippine Islands, 1493-1898 — Volume 22 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 302 pages of information about The Philippine Islands, 1493-1898 — Volume 22 of 55.

The Philippine Islands, 1493-1898 — Volume 22 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 302 pages of information about The Philippine Islands, 1493-1898 — Volume 22 of 55.
a citizen.  The auditors cannot find any order or decree from your Majesty, by which this is ordered.  Consequently, there is not sufficient justification to declare judgment in favor of the fiscal.  It will be advisable for your Majesty to declare it; and to my mind, in considering the fact that the encomiendas are few in number, it would be advisable that there be no change in the practice—­namely, that by the very fact of an encomendero marrying an encomendera, they choose that encomienda from the two which they consider better; and that they leave the other, so that it may be regarded as belonging to another citizen. [In the margin:  “Observe the decree in regard to this matter.”] [Note: “In this despatch arose the doubt that is written on a separate piece of paper enclosed with this letter.  There it is decreed what must be executed.”]

2.  In regard to the native Indians of these islands, I last year represented to your Majesty that it would be advisable to have judgments in their suits not rendered in the Audiencia, but by the government, by having one or two advocates or salaried men for that purpose, as is done in Nueva Espana, inasmuch as the same reasons exist here.  I trust that your Majesty will have it considered, and answer in accordance with your pleasure.

3.  The most usual doubts have been in regard to the Chinese or Sangleys who reside in these islands.  An edict was published, at the instance of the inhabitants, in regard to the measures, quality, and prices of lumber, tile, brick, and other materials, in order to avoid the frauds and illegalities which were being introduced into this region, to the great damage of this community.  The edict was published under the auspices of the government, and its execution was charged upon the alcaldes-in-ordinary.  A few days after that a denunciation was made; but, when the alcalde tried to enforce the penalty, the Sangleys appealed to the royal Audiencia.  The matter seemed a knotty one to me, because the edict was notoriously a government measure, and it was not advisable for its proper execution that the Sangleys be allowed such delays.  I considered it best to advise the auditors of this, quoting to them the royal decrees, which ruled that they should not mix in matters of government.  They, desiring to extend their jurisdiction, claimed that the trial of that appeal belonged to them, as well as the decision whether the penalty of the edict was excessive or not.  I ordered the lawyers to be consulted, and all those here gave their opinion in writing, namely, that the Audiencia had no right to try such causes.  Consequently, after having seen your Majesty’s decree of November 4, 1606, given to Don Pedro de Acuna, in which is stated the method that must be followed in such doubts, I resolved to order that the Audiencia should not try such appeal until your Majesty, after having been informed of the matter, should rule otherwise. [In the margin:  “Have the fiscal examine it.”  “It was taken to him.”  “Answered on a separate paper.”]

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The Philippine Islands, 1493-1898 — Volume 22 of 55 from Project Gutenberg. Public domain.