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
Before proceeding with a study of the powers and duties of the
colonial audiencias, it would be well to compare them, as to extent
of jurisdiction and authority, with those which were in operation
in Spain. Were they equal? Did the colonial institutions, on account
of their isolation, exercise prerogatives which were unknown to the
tribunals of the Peninsula, or vice versa? These questions were
answered by Juan de Solórzano y Pereyra, a distinguished Spanish
jurist, oidor of the Audiencia of Lima in 1610, and subsequently
councillor of the Indies. [33] Solórzano y Pereyra illustrates
fourteen points of difference wherein the audiencias of the
colonies exceeded those of the Peninsula in power and authority,
in these matters exercising jurisdiction equal to the Council
of Castile. This, he said, was "on account of the great distance
intervening between them and the king or his royal Council of the
Indies, and the dangers which delay may occasion." Therefore, he said,
the audiencias had been permitted many privileges and powers denied
to the audiencias of Spain. The most important of these powers were
as follows: jurisdiction over residencias of corregidores; the right
to send out special investigators (pesquisidores); supervision over
inferior judges--seeing that they properly tried cases under their
authority, care for the education and good treatment of the Indians
in spiritual and temporal matters, and the punishment of officials
who were remiss in that particular; the collection of tithes; the
assumption of the rights and obligations of the royal patronage,
as well as jurisdiction over cases affecting the same, the building
of churches, the installment of curates and holders of benefices,
and the inspection and possible retention of bulls and briefs.
The colonial audiencias were instructed to guard the royal prerogative,
and were authorized to try all persons accused of usurping the royal
jurisdiction. They were to see that officials, lay and ecclesiastical,
did not charge excessive fees for their services, limiting especially
those exorbitant charges which priests were apt to demand at burials,
funerals, marriages and baptisms. The colonial audiencias were
given supervision over espolios, [34] collecting, administering and
disposing of the properties left by deceased prelates, and paying
claims of heirs and creditors. Another duty was the restraining
of ecclesiastical judges and dignitaries through the recurso de
fuerza. [35] This authority had been permitted to the chanceries of
Valladolid and Granada, only.
Public-domain text, read in full here on John Shaqi.
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