The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
inasmuch as the kingdoms of Castile and of the Indies are under
one crown, the laws and the order of government of one should be as
similar to and as much in agreement with the other as possible; our
royal council, in the laws and establishments which are ordered,
must strive to reduce the form and manner of their government to
the style and order by which the kingdoms of Castile and León
are governed and ruled, to the extent that the diversity and
difference of the lands and nations permit. [4]
In 1511, a tribunal of independent royal judges was constituted in the
colony of Española to try cases appealed from the town magistrates
and the governor. [5] This judicial body may be considered as the
predecessor of the royal audiencia which was established fifteen years
later. The organization and purpose of the tribunal were exactly
similar to those of the courts existing in the frontier provinces
of Spain before the establishment of audiencias. The chief reason
for its creation was the need of checking the abuses of an absolute
governor. This tribunal was composed of three magistrates, who were
possessed of the licentiate's degree, designated as alcaldes mayores,
and appointed by the king. They were empowered to hear and determine
appeals from the governor and from his tenientes and alcaldes. [6]
These magistrates, acting collectively, became at once official
organs for the expression of the needs of the colony in non-judicial
matters, frequently presenting memorials to the Council of the Indies
independently of the governor. [7] The crown had already assumed
direction of the administrative and executive affairs of the colony of
Puerto Rico, on August 15, 1509, by naming a special governor for that
island. On July 25, 1511, Diego Colón, son of the discoverer, was named
governor of Española, and of the other islands and of the mainland
discovered by his father. This latter act of royal intervention did
not confirm, but rather abrogated in practice, the claims of this same
Colón to the inheritance of the provinces which had been given formerly
to his father. This act maintained the pre-eminence and authority of
the Spanish monarchs in these territories. [8] The further growth and
development of the West Indian colonies, and especially the increasing
Spanish population, called for the establishment of a more efficient
tribunal of administration and justice. This need was met in the
creation of the first audiencia in America, that of Santo Domingo,
which was established September 14, 1526.
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