Chapter XI

, of this volume.

[174] Recopilación, 2-15-129.

[175] This case and the others dealt with in this section involving encomiendas are to be found in the Inventario de los pleytos en la real audiencia de Manila que se hallen en el rl. y supremo consejo de las Indias y remiten al rl. archivo en Sevilla según rl. orden de Julio de 1787. The key to the above exists in the Inventario de autos de la Essma. la Cámara de Indias, IV, 453, A. I.

[176] Recopilación, 6-2-1. This prohibition was first imposed by Charles V on the above date and subsequently by Philip II and Philip III (see laws 1 to 14, same title).

[177] Ibid., 6-9-11, 13.

[178] The laws of the Indies (Recopilación, 6-19-6) authorized the governor of the Philippines to assign encomiendas ad interim for the period of six years (promulgated August 25, 1646). By the laws of May 1, 1774, and June 8, 1792, the period was made five years in all the colonies except Perú; in the latter it was six years (note to Recopilación, 8-22-1). We have record of the extension of an encomienda in the Philippines to the Hospital of San Juan de Diós for four years by Governor Marquina on July 10, 1789. The cofradía had held this encomienda for ten years, and on its petition the governor made this additional concession, subject to royal confirmation (A. I., 107-5-18). The above episode is at variance with the statement of Bancroft (History of Central America, I, 264) that the encomienda system came to an end in 1721. Helps states that the encomienda system "remained in full force until the reign of Charles The Third of Spain, at which period, it appears, it was annulled."--See Helps Spanish conquest, IV, 240.

[179] Expedientes are defined in Blair and Robertson, LII, 72, note 28, as "all the papers belonging to any matter, judicial, legislative, or executive, consisting of orders, opinions, reports, and all other measures." A testimonio is a duly attested and certified statement or number of statements submitted as proof or evidence concerning a given matter. Testimonios include transcripts of letters, cédulas, autos, and expedientes on a particular subject, usually bound together. They may extend over a period of a hundred years or more, showing step by step the factors leading up to the formulation of any auto, or cédula, or given as reasons for a particular action taken by an official or tribunal. Testimonios form a large part of the material in the Archive of the Indies. They are of the same value as originals, and they are certainly more available and legible because frequently more recently written.

[180] Inventario, op. cit.

[181] Note the appeal of a case involving less than 6000 pesos, which was contrary to the laws of the Indies. (Recopilación, 5-13-1).

[182] Martínez de Zúñiga, Estadismo, I, 245.

[183] Decree for establishment of the Consulado, in Manila, December 13, 1769, A. I., 108-3-17.

[184] The consulado was an organization of the merchants of certain authorized cities of the Spanish empire. A consulado had to be established by royal authorization. The tribunal of the consulado was composed of two consuls and a prior, who were chosen for terms of two years and one year respectively. They were chosen by twelve electors who in turn were designated by the members of the consulado. The tribunal de alzadas was composed of an oidor and two merchants. The latter constituted the final court of appeal in the colony in commercial cases and exception to their decisions could be taken only in the Council of the Indies.--Martínez de Zúñiga, Estadismo, 245-246.

[185] Council of the Indies to the Audiencia, January 21, 1808, A. I., 105-2-18.

[186] Recopilación, 9-46-40.

[187] Ibid., 9-46. This section of the laws of the Indies establishes the consulados of Lima and Mexico, and lays down regulations for them.

[188] This was before the time of the Consulado of Manila.

[189] Inventario, op. cit.

[190] The Junta de Guerra, was the committee of the Council of the Indies with jurisdiction over military and naval affairs. When questions of this nature came to the Council they were referred to the Junta, where decision was made and referred back to the Council. See notes 17 and 36,