Note 44 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

Soon after the audiencia was abolished in 1589, arguments were presented at court for its restoration. From the large number of petitions that were presented, two, aside from those discussed in the preceding chapter, may be cited here because they illustrate the disadvantages from a judicial point of view of having the administration of justice in the hands of the governor, with appeal to Mexico. Francisco de la Misa, factor of the treasury of Manila, wrote a memorial to the king on May 31, 1595,44 referring to the delay which had arisen in the trial of suits involving encomiendas: the jurisdiction of the governor was not final; appeals had to be carried to the Audiencia of Mexico and cases involving a thousand ducats or more had to be taken from that tribunal to the Council of the Indies;45 this meant two appeals and much delay. He mentioned certain cases which had been pending two years, and showed that, because of the delay to which they had been subjected in Mexico, it would be at least two years more before the decisions could be returned. Misa said that conditions had reverted to the state which had existed before the audiencia was established; a much larger number of cases was awaiting trial than the governor and his lieutenant could attempt to try. These difficulties were multiplied by the fact that there was no fiscal, an officer whose services as legal adviser to the government and as prosecuting attorney were indispensable.46