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 earliest legislation to be found in the laws of the Indies dealing
with the government of the Chinese was enacted on April 15, 1603. [499]
This law forbade the alcaldes ordinarios to exercise jurisdiction
over suits of the Chinese in the Parián, but it ordered that all cases
involving them should be tried by a special alcalde of the Parián with
right of appeal to the audiencia. A special judge was thus created
by this law, with jurisdiction over the Chinese. [500] The purpose of
this enactment was to establish a system of judicial procedure for the
Chinese, whereby the latter might be kept apart from the Spaniards and
natives in judicial as well as in governmental administration. This
necessity was partly based on economic considerations, and partly
on racial and religious reasons; it was designed essentially for the
protection of the Spaniards. [501]
On the basis of the above law of April 15, 1603, the audiencia
immediately proceeded to concern itself with the government of the
Chinese. It claimed jurisdiction particularly over the right to issue
licenses allowing Chinese to reside and trade in the Philippines. This
authority was also claimed by the governor and captain-general,
who was responsible for the defense of the Islands. The audiencia
also proceeded to issue regulations for the Chinese trade, laying
itself open to the charge of selfish interest in these commercial
activities. Complaints against the audiencia's intervention reaching
the court, new regulations were issued on November 4 and December 1,
1606, which forbade the audiencia to concern itself with anything
relative to the government and administration of the Parián, or with
the Chinese who might come to the Islands for the purpose of trade,
except at the solicitation of the governor. [502] In the letter
accompanying these orders, the king informed Governor Acuña that
although the Chinese in the Parián were under his charge, he was to
take no important steps for their government without first consulting
the audiencia. The inference of this law is clear, therefore, that the
audiencia might have other activities than the purely judicial. This
implication gave rise later to a considerable difference of opinion,
but in consequence of this law the governor was established as the
fountain of authority in Chinese affairs, with the oidores in a
secondary position.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account