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
Although it is difficult to settle conclusively the question of
the extent of jurisdiction which the governor and the audiencia,
respectively, exercised over the Chinese in the Parián, a few cases
may be presented in this connection to show that both the governor and
the audiencia were justified by royal authority in advancing claims to
control. On December 4, 1630, the king wrote a scathing arraignment of
the audiencia for having entertained an appeal from the Chinese over
the head of the governor, practically disregarding the latter, and for
making recommendations relative to the Chinese and to military affairs,
which questions were entirely outside its province. [504] One of the
items of the report of the recent visitor-general to the Philippines,
Licentiate Francisco de Rojas y Ornate in 1629, had been a charge that
the audiencia had condemned and fined a Chinese merchant for smuggling
munitions of war into the colony, after the latter had proved that he
had been acting under the instructions of Governor Silva. [505] The
visitor-general took the position that this case was entirely within
the military sphere; therefore the governor's decision was final,
and the audiencia was proceeding without jurisdiction in attempting
to deal with it. The king called upon the tribunal to justify its
action in the matter. [506] It is to be noted that in this case the
point at issue was not that the audiencia was interfering with a
Chinaman who should have been punished by another authority, but that
in assuming jurisdiction the audiencia had infringed on the special
prerogatives of the governor with regard to war and government. The
frequency and seriousness of the Chinese insurrections in the early
seventeenth century, and the fear of a hostile invasion from China,
placed all questions of dealing with the Chinese upon a military basis,
hence the authority of the governor.
Public-domain text, read in full here on John Shaqi.
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