The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800) — John Shaqi
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
The law, which has been cited already, providing that the
administration of the Indies should be patterned in all ways after
the governments of Castile and León, shows very clearly the natural
influence of the early history and institutions of Spain. The
audiencias established in the colonies were at first similar in
jurisdiction and organization to those of Spain, which country had
already succeeded in governing provinces that were, in effect, almost
as isolated and as far from actual contact with the court as were the
Indies. The audiencia of Spain had proved of immense value as an agency
of direct control. It had been found satisfactory under conditions very
similar to those in the Indies, which were not regarded as foreign
possessions, but as integral parts of Castile, being the property of
the monarchs of that kingdom, and under their personal direction.
Before proceeding with a description of the growth of the audiencia
system, it is desirable, first, to note the establishment in Spain
of two organs for the administration of colonial affairs. These
may be examined here conveniently, because their creation
antedated the institution of the audiencia in the colonies. The
first, chronologically, as well as in importance, was the Casa de
Contratación, which was created January 10, 1503. [9] This essentially
commercial body was intended at first to supervise the import and
export trade of Spain with the colonies, and to arrange for the
sale and distribution of imported articles, concessions of cargo to
individuals, the lading and discharging of cargo, and the collection of
duties. The functions of this body were soon amplified to the extent
that it was given jurisdiction over emigration to the colonies. In
1509 it was granted further authority over certain criminal cases
relating to trade, and in 1510, letrados were added to the tribunal
of the Casa for the better determination of legal affairs.
As established in 1503, the Casa de Contratación consisted of a
treasurer, auditor (comptroller), and factor. [10] That the institution
flourished and increased in importance may be deduced from the reform
of Philip II, on September 25, 1583, whereby the above mentioned
officials were retained and a royal audiencia was created within
the Casa. This was composed of three jueces letrados and a fiscal,
besides the numerous subordinate officials who usually accompanied
the judicial tribunal. [11] Though at first it exercised some of the
functions which belonged later to the Council of the Indies, it came
subsequently to be subordinate to that body. [12] It was transferred
to Cádiz in 1717, and was suppressed by the royal decree of June 18,
1790. [13] its remaining attributions being assumed by the Consulado
of Seville. [14]
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