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 June 12, 1614, Philip III re-enacted the above law with some
modifications. The fiscal was made legal protector of the Chinese. He
was ordered to advise the alcalde of the Parián in legal matters
pertaining to them, and the alcalde was to take no important steps
without the advice and assistance of the fiscal. [503] The governor
was ordered not to allow any ordinary or special judge, alcalde del
crimen, or oidor, to exercise jurisdiction in first instance over civil
suits or criminal cases of the Chinese, or to make inspections in the
Parián. The last clause of this law, however, qualified and rendered
dubious the effect and meaning of the entire enactment, by adding,
"unless in a case so extraordinary, necessary and imperative that it
may appear convenient to limit this rule."
It will not be extraneous to point out here that this was a common
weakness of many laws, by which they were frequently rendered
entirely inapplicable. In this case, for example, the evident object
was to prevent the oidores from interfering in Chinese affairs,
thus guaranteeing the government and administration by officials
who were endowed with knowledge and understanding of their racial
characteristics and peculiarities, while centering the ultimate
responsibility for them in the governor. It was realized, however,
that exceptional cases might arise in which some other procedure
might be advisable, and accordingly a loophole was left whereby the
entire law could be nullified. The audiencia was thus given a basis
for intervention in the government of the Chinese whenever it suited
the convenience of the magistrates. This defect is emphasized here
because this particular exception justified the intervention of the
audiencia on many occasions, and was a cause of continual contention
between the governor and the audiencia in Chinese affairs.
Public-domain text, read in full here on John Shaqi.
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