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 beginnings of the Council of the Indies may be noted in the
creation of a special committee of the Council of Castile for the
supervision of administrative affairs in the colonies. This was
eight years after the establishment of the Casa de Contratación,
when another need than the purely commercial, for which the Casa de
Contratación had served, began to be felt. [15] The inadequacy of
the system devised by the Catholic Monarchs at Santa Fé had already
become evident. The problems of administration in the colonies were
making clear the need of a more effective system of regulation. Just
as the number of suits to be tried before the old tribunal de la cort
del rey had increased to such an extent that the king could no longer
attend to them personally, so the problems of administration in the
new colonies demanded more attention and regulation than could be
provided by the administrative machinery at hand. The functions of
this new tribunal, if it may be designated as such at this time, do
not seem to have been clearly expressed at first, at least by any law
or decree now at hand, but it appears that they were advisory rather
than administrative. It soon became evident that a distinction had
to be made between the prerogatives of this council and those of the
Casa de Contratación. During the early history of these two tribunals
there was considerable conflict of jurisdiction between them. It is
probable that until the reform of August 4, 1524, was promulgated,
active supervision of colonial affairs was maintained by the Council
of Castile, both the Casa de Contratación and this new tribunal of
the Indies acting under its direction. Charles V gave new life to the
tribunal of the Indies on the above date by assigning to it definite
legislative and administrative powers, putting at its head Loaysa,
the general of the Dominican order and his own confessor. The Council
was further modified by Charles V in 1542, and by Philip II in 1571,
in the following terms:
It is our royal will that the said council shall have the
supreme jurisdiction in all our occidental Indies ... and of the
affairs which result from them, ... and for the good government
and administration of justice, it may order and make with our
advice, the laws, pragmatics, ordinances and provisions, general
and particular, ... which ... may be required for the good of the
provinces ... and in the matters pertaining to the Indies, that the
said our council be obeyed and respected, and that its provisions
in all, and by all be fulfilled and obeyed in all particulars. [16]
Public-domain text, read in full here on John Shaqi.
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