Ordinary judges
Original title: Juízes Ordinários
Explains the office of ordinary judges, annually serving judicial officers who presided over Madeira's municipal councils under absolutism until their final abolition in 1886.
They existed under the absolute regime, and under the Ordenações Filipinas they held office for one year. They were judicial officers, and they preceded the juízes de fora (crown-appointed judge from outside the district) as presidents of the Funchal Municipal Council (Câmara Municipal do Funchal). The other councils of the archipelago were presided over by them until liberal government was established in Madeira in 1834.
The law of 30 April 1835 abolished the ordinary judges (juiz ordinário, locally elected lay judge), but the New Judicial Reform of 1837 restored them, and they were finally abolished by the decree of 20 July 1886. Their powers passed to the judges of law in all jurisdictions that were the seat of a judicial district (comarca) or formed part of the city or town (vila) where the seat of a judicial district was located, and to the justices of the peace in all other jurisdictions.
In the days of absolute government there were five jurisdictions in Madeira, each with its own ordinary judge, namely Machico, Santa Cruz, Ponta do Sol, Calheta and São Vicente. In Funchal, the seat of the judicial district, there was a juiz de fora.
In this article
Time
Years mentioned · 04-
Constitutional (liberal) government was established in Madeira, bringing the island under mainland law, ending the old council arrangements, the militia and the white city flag.
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A law abolished the ordinary judges.
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The Judicial Reform of 1837 created elected parish judges and restored ordinary judges.
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A decree definitively abolished the juízes ordinários (ordinary judges).
Place
Places mentioned · 06
- Calheta
One of five julgados with an ordinary judge.
Calheta is a town, parish and municipality on Madeira's south-west coast and one of the island's oldest settlements. The Elucidário covers its name, early settlers such as Pedro Berenguer, its church and many chapels, including one of a former Franciscan convent, and the 1834 riot.
- Funchal
Head of the comarca, whose council was presided over by ordinary judges before the juízes de fora.
The capital of the archipelago and seat of the principal captaincy, where settlement began; it was made a vila c.1451–52. Its bay, the widest in the archipelago, lies between Ponta do Garajau and Ponta da Cruz and offers sheltered anchorage, though its harbour had never been studied oceanographically. The Elucidário discusses it as a health resort with climate data and records the January 1906 disturbances, the Danish prince's visit in May 1846 and recent volcanic cones in the area.
- Machico
One of five julgados with an ordinary judge.
The parish of Machico was the landing place of the discoverers Zargo and Tristão Vaz and the seat of the captaincy of Machico; the parish was founded c. 1450. The Elucidário covers its clergy and stipends, chapels, historical events, mineral springs, localities, population and notable natives.
- Ponta do Sol
One of five julgados with an ordinary judge.
South-coast parish and municipality, settled from about 1440 by Rodrigo Enes 'o Coxo'. Its parish church of Nossa Senhora da Luz holds a triptych. The Elucidário also records its quay of 1848, paid for by the council, and the royal visit of 1858.
- Santa Cruz
One of five julgados with an ordinary judge.
Santa Cruz is a parish and one of Madeira's oldest settlements, named after a cross Zarco had raised there at the discovery. The Elucidário covers its early ecclesiastical history, collegiate church, chapels, noble settlers and localities.
- São Vicente
One of five julgados with an ordinary judge.
São Vicente is described as the largest and most populous parish of northern Madeira and the seat of the only town on the north coast. The Elucidário covers its settlement, church history, localities and landscape, and the deadly landslide of 1929.