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
Closely related to the governor's jurisdiction over banishment
was his jurisdiction over cases of persons entering the Islands or
departing from them without royal permission. [431] He exercised
final jurisdiction here over civil and ecclesiastical authorities,
encomenderos, and private persons. The law forbade any person to enter
or leave the Islands without the royal permission, and the governor
was charged with the execution of this law. Encomenderos were not to
leave the Islands on pain of confiscation of their encomiendas. [432]
While the laws of May 25, 1596, and of June 4, 1620, gave authority
to the governor over the religious, relative to their entrance into
the Islands and departure therefrom, [433] the cédula of July 12,
1640, authorized the audiencia to enforce the law on this subject;
especially was the tribunal to see that no ecclesiastics departed for
Japan and China without the proper authority. [434] Although there
can be no doubt of the finality of the governor's jurisdiction in
this matter, yet the audiencia exercised an advisory power, and an
authority to check irregularities, particularly with a view to seeing
that the governor did his duty and fulfilled his obligations in the
matter. Numerous instances exist to show that whenever this subject was
treated in a royal order or decree, copies of the law were sent to the
audiencia for its information. On other occasions when there was reason
to believe that there had been irregularities in the procedure of a
governor, the audiencia complained to the Council of the Indies. This
was done for example in 1779 when Governor Sarrio conceded permission
for several priests to go to Mexico. This action the audiencia claimed
to be irregular, since the Council of the Indies had not been notified
or consulted. The king, on March 6, 1781, approved the action of the
governor on the basis of the laws above referred to. [435]
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