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
As soon as Governor Marquina assumed office, he relieved the
magistrates of the audiencia of all share in the administration of
these monopolies, combining all these branches of real hacienda under
the asesor above mentioned. On August 3, 1791, the audiencia protested
against the acts of the governor, basing its claims to a continuance
of authority on the cédula of March 20, 1790, by which the king had
authorized the oidores to administer all the monopolies except tobacco.
On August 16, 1791, Governor Marquina answered the complaint of the
audiencia in a memorial of his own, in which he set forth his position
in summarized form, giving a history of the entire contention,
and defining his position with precision and clarity. [318] He
claimed that the cédulas which had been issued up to that time had
recognized the right of the governor to dispose of these asesorías,
which did not and never had belonged to the oidores by their own
right. As superintendent of real hacienda, he (the governor) was
judge-conservator of all the asesorías, and by cédula of March 20,
1790, he had been authorized to control them through his asesor. The
latter official had also been ordered to administer the rent of tobacco
directly as the agent of the governor and to supervise the others
in the governor's name. The oidores had been forbidden to hold these
positions, except under exceptional circumstances, which, in Marquina's
judgment, did not exist at this time, [319] since there was present
in the colony a special asesor whose duty it was to supervise these
monopolies. The audiencia would have to try certain cases on appeal
as a judicial body, and oidores who had already rendered decisions
as judge-conservators could not justly render decisions when the same
cases were appealed. He declared that he had the approval of the king
in his contention, and was therefore confident of his position.
The governor's will prevailed, and the magistrates were deprived of
the commissions which they had formerly held; these were given over
to regular officials of real hacienda. Contentious cases, however,
that did not pertain exclusively to finance were tried on appeal
in the audiencia and that body exercised regular, but not special,
jurisdiction in them thereafter.
One of the most important offices which the oidores were called on
to perform was that of juez de difuntos. The duties of this office
consisted largely in the administration of the funds and property
of persons who died intestate, or without heirs in the colony. This
work was entrusted to the colonial audiencia as a body in 1526,
and any judge therein might be delegated from the tribunal for the
adjustment of an estate.
Public-domain text, read in full here on John Shaqi.
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