Note 35 — EVENTS IN FILIPINAS, 1764–1800

See note 26, p. 50, ante. An opinion rendered by Viana on April 22, 1765 (Respuestas, fol. 126v, 127), shows that the institution of the Santa Hermandad had been transplanted from Spain to the Philippines. It seems that the “alcalde of the Hermandad,” also styled the “provincial alcalde of Manila,” claimed that he ought not to be obliged to go outside of Manila in the exercise of his office (which, by the way, was one of those classed as saleable). The fiscal decides that the alcalde is under obligation to act within the municipal territory and jurisdiction of Manila, which includes all the land within five leguas of the city; that outside that limit he may send a suitable deputy, instead of going in person; that the laws of the kingdom do not fix any definite limits for the jurisdiction of the Hermandad, and that the wording of the alcalde’s commission is ambiguous in the same matter; and that the Audiencia is competent to settle the present question. Viana therefore recommends that suitable action be taken by that court, who are reminded that the aforesaid alcalde receives no salary and his agents [quadrilleros] no pay, and therefore he cannot be compelled to go outside of Manila when he maintains and arms these men entirely at his own expense. “The said office can never be of public utility unless it be placed on some other footing.” ↑