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
On January 26, 1816, the audiencia forbade the publication of any
book without its express permission. [364] As a result, considerable
trouble arose with the governor and the fiscal, neither of whom had
been consulted when the auto was passed. The fiscal contended that the
audiencia was violating the law which had reserved to the Council the
power to give licenses for the publication of books; moreover, it was
asserted, the law required the governor and audiencia to act in acuerdo
in matters pertaining to the suppression and licensing of books,
the tribunal not being authorized to proceed alone. The audiencia
contended in reply that these laws could no longer be interpreted
to mean that the governor should have authority over matters of a
purely judicial nature, such as these were, because he was no longer
president of the audiencia, and hence not a judicial official. [365]
The tribunal furthermore based its contention on two enactments--one,
a royal order dated October 1, 1770, which directed certain prelates
to apply to the audiencia for permission to have a religious work
published, and the other, dated July 21, 1787, already cited, by
which the king confirmed the refusal of the audiencia to allow the
publication of a work prepared by the commissary of the Inquisition,
when he had failed to seek the authority of the audiencia. It is clear,
however, that on this occasion the audiencia was guilty of deliberate
misinterpretation of the law in its own favor. The Council of the
Indies had the final right to decide as to the contents of the book,
and the audiencia merely suspended publication, pending the action of
the Council. The audiencia was never given the power to pass finally
on the contents of books, except those dealing with languages and
dialects. The ultimate right of passing on all religious publications
was retained by the Council of the Indies, while the audiencia was
authorized merely to suspend the publication and circulation of books
which had not complied with the above royal ordinances. After the
suppression of the Council of the Indies and the establishment of
the Supreme Tribunal of Justice, there was a tendency toward giving
the colonial governments a wider degree of latitude in such matters.
Public-domain text, read in full here on John Shaqi.
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