The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

The Philippine Islands, 1493-1803 — Volume 5 of 55 eBook

This eBook from the Gutenberg Project consists of approximately 289 pages of information about The Philippine Islands, 1493-1803 — Volume 5 of 55.

[40] Relaxado (feminine, relaxada):  a person abandoned by the ecclesiastical judge to the secular arm [al brazo seglar]; referring to the obstinate heretic who refused to abjure and do penance, or to him who after abjuration should relapse. Confeso ("confessed”) meant a Jew converted to the Christian faith.

[41] An oath taken by a person who has no bail, that he will return to prison when summoned.

[42] Referring to the established judge of ecclesiastical causes, the vicars of the bishops, or sometimes to the bishops themselves.

[43] There were only two chancillerias in Spain—­those at Valladolid and Granada; they were originally one tribunal, which followed the royal court.  They had cognizance of cases on appeal, cases of nobility, and cases regarding the inheritance of entailed property.  These courts were abolished by the Constitution of 1812 and subsequent legislative enactments.—­A.P.  Cushing.

[44] Casos de corte:  cases which, because of their importance, the amount involved, or the dignity of the parties, might in the first instance be tried in a superior court.—­Nov.  Dice. lengua castellana (Gamier, Paris, 1897).

[45] Paragraphs enclosed in brackets contain brief synopses of the corresponding matter in the text which is purely technical, and not of sufficient special interest to justify giving it so much space in our pages.

[46] That is, not subject to the exemptions of the privileged orders.—­H.B.  Lathrop.

[47] A receptor is an escribano (clerk, or scrivener) who by special commission or authority from a tribunal proceeds to perform certain judicial functions.—­A.P.  Cushing.

[48] Spanish, en los casas de fuerca hechas por jueces eclesiasticos. Fuerza is injury committed by an ecclesiastical judge in (1) hearing a case which does not come within his jurisdiction; (2) non-observance of rules of procedure; or (3) unjust refusal to allow an appeal.  In such cases the aid of the secular courts may be invoked, by the recurso de fuerza; and thus cases were brought before the Audiencia, as above in section 7.—­A.P.  Cushing.

[49] In Recopilacion leyes Indias (ed. 1841), lib. i, tit. xx, may be found the royal decrees issued from 1537 to 1640 regarding the operations of the Holy Crusade in the Spanish colonies.

[50] A word originating in Hayti, signifying “princes” or “chiefs”—­quite naturally extended, by a Spanish clerk or secretary, to the chiefs of Filipino tribes.

[51] This is the only case in which the amount of a fee is prescribed in this instrument, except for officials peculiar to the region; the tariff (arancel) of Spain is to be followed, as a rule.—­H.B.  Lathrop.

[52] This clause forbids the counsel to take a contingent fee.—­H.B.  Lathrop.

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The Philippine Islands, 1493-1803 — Volume 5 of 55 from Project Gutenberg. Public domain.