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 audiencia, in the exercise of the acuerdo power, passed ordinances
for the enforcement of the laws forbidding the unauthorized departure
of persons from the Islands; it helped to fix the rate of passage
on the galleons and on the coast-wise ships. It made regulations for
the Chinese in the Parián, it prescribed the conditions under which
licenses might be issued to Chinese merchants and it passed ordinances
for the better enforcement of the laws prohibiting the immigration
of the Chinese. The acuerdo concerned itself with the maintenance
of prisons and the care of prisoners, the residencias of provincial
officials, the auditing of accounts, the collection of the revenue,
and the supervision of the officials of the treasury. Ordinances
were passed enforcing the general law which ordered that the natives
should not live together in Christian communities without marriage,
that they should attend religious ceremonies, that they should
be instructed in religion, and that they should not be exploited,
either by the civil or ecclesiastical authorities. It is, of course,
understood that the audiencia in no way trespassed the authority
of the church in issuing these regulations; indeed it was quite the
contrary; these ordinances were passed on the basis of the authority
of the royal patronage, with the design of assisting the vice-patron
(the governor) in the execution of his duties, and the church was
aided rather than impeded thereby. It must be remembered, of course,
that the governor, as president of the audiencia, presided in these
acuerdos, and that in most cases, actually, as well as in theory,
these autos acordados were his will.
There were many occasions in the history of the Islands when
the acuerdo was influential in the formulation of far-reaching
reforms. The well-known "Ordinances of Good Government," issued
by Governor Corcuera in 1642 for the observance of the provincial
officials, and repromulgated with modifications by Cruzat y Góngora
in 1696 and by Raón in 1768 were formulated by the acuerdo. [441]
Similarly were those formulated that were proposed by Marquina in
1790. The local regulations for the consulado, established in 1769,
were formulated by the audiencia largely on the recommendations
of the able fiscal, Francisco Leandro de Viana. In the same manner
the new plan of constitutional government given to the Philippines
in 1812 was drafted by the audiencia at the request of the Council
of the Indies. [442] Likewise the plans for the government of the
intendancy were submitted to the acuerdo by Governor Basco y Vargas
in 1785. Indeed, these, as well as the scheme of 1787-8, were actually
written by two magistrates of the audiencia, the former plan by Oidor
Ciriaco Gonzales Carvajal, subsequently intendant, and the latter by
Oidor Castillo y Negrete. [443]
Public-domain text, read in full here on John Shaqi.
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