[86] Ibid., 71.

[87] Foreman, Philippine Islands, 241. The laws regulating the trial of cases on appeal may be noted in Recopilación, 5–9, 10, 11, 12, 13.

[88] The following figures have been taken from various reports of the audiencia to the Council of the Indies, and they show the number of criminal cases tried in the tribunal in the years designated:

1710—51cases ... report datedDecember 11, 1711;A. I., 105–2–9.
1774—34cases ... report datedDecember 25, 1776;ibid.
1776—48cases ... report datedMarch, 1778;ibid.
1779—53cases ... report datedJuly 30, 1780;ibid.
1786—99cases ... report datedMay 1, 1778;A. I., 105–2–10.
1789—51cases ... report datedJune 4, 1790;A. I., 105–2–10.
1795—38cases ... report datedApril 4, 1798;A. I., 105–2–10.
1822—641cases ... report datedJuly 3, 1823;A. I., 106–4–21.

According to Desdevises du Dezert (“Vice-rois et capitaines généraux des Indes espagnoles,” in Revue historique CXXVI, 59, 60) the Audiencia of Lima decided 89 civil cases on appeal from February 11, 1788, to January 5, 1789. At the end of this period there were 122 cases waiting on the docket. In the chamber of first instance of the same audiencia 72 cases were tried and 124 remained to be tried at the end of approximately the same period. In the criminal sala during the year 1788, there were 7 death sentences rendered, 16 sentences for robbery, 14 cases tried involving personal injury, 15 for carrying arms in face of the prohibition of the law, and 6 cases of adultery. The magistrates excused themselves for this rather contemptible showing by alleging that the membership of the tribunal had not been complete, to which the king made answer that there would have been sufficient judges had not the latter continually absented themselves on the smallest pretexts. The charge of indolence was also frequently brought against the magistrates of the Audiencia of Manila.

[89] See Colección legislativa de España, LXIV, 105–147 (Royal Decree of January 30, 1855). Cédula of December 6, 1858, in Rodríguez San Pedro, Diccionario de legislación ultramarina, VII, 69. Cédula of March 10, 1857, ibid., VIII, 39. Royal Decree of July 4, 1861, Colección legislativa de España. LXXXVI, 1–45. The basic principle of these reforms are to be found in the Constitution of 1812, Martínez Alcubilla, Diccionario, III, 408–458, and in Las Ordenanzas Nuevamente Formadas para el Régimen y Govierno interior de la Audiencia Nacional de Manila en cumplimiento de la Ley de 9 de Octre de 1812, sobre arreglo de tribunales. A. I., 106–4–19.

[90] Blair and Robertson, XX, 35–43, 147, 168, 196–198.

[91] Recopilación, 8–10–16.

[92] Cédulas of October 6, 1783, and of November 19, 1805, A. I., 105–2–18.