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 provincial governors also had certain military duties. In the
northern provinces of New Spain they had charge of defense, with
responsibility to the viceroy. [45] In the Philippines, however,
and in certain parts of New Spain, where the captain-general took
the place of the viceroy, alcaldes mayores and corregidores acted
as lieutenants of the captains-general, exercising authority of a
military character. [46] They were required to defend their provinces
and districts against invasions, insurrections, Indian outbreaks,
and disturbances. They were authorized to impress men for military
service. Local conditions in Mexico, Perú, Central America, and
the Philippines caused some differentiation in these matters. This
description will serve to convey an impression of the nature of the
duties of these officials and the way in which they acted as the
agents of the captain-general, viceroy, and audiencia. [47]
It has been already pointed out that the alcaldes mayores and
corregidores had extensive judicial duties; a mere restatement of
that important fact will suffice at this time. In subsequent chapters
we shall study in detail numerous illustrations and instances of the
judicial functions of the provincial judges. It has been noted also
that the alcaldes ordinarios were the judges of the Spanish towns. So
they were in the Philippines, but, as there were only four or five
Spanish towns in the archipelago, the alcaldes ordinarios do not
assume great prominence in this study. These alcaldes were usually
chosen by the ayuntamientos (municipal councils), though they were
appointed on some occasions by the governors. As the Spanish towns
enjoyed special privileges conferred by the king, their judges were
not a part of the regular judicial hierarchy, but were dependent on
their ayuntamientos or the governor. However, an oidor was usually
delegated to inspect the work of the alcalde ordinario.
With this introductory view of the general field of Spanish colonial
administration, and this presentation of the characters and elements
which are to assume important roles in this discussion because of
their frequent relations with the audiencia, we may enter upon a
more detailed study of a single institution. It has been emphasized
especially that the audiencia in the Philippines was only an integral
part of the governmental machinery used in the colonial empire of
Spain. It is clear, therefore, that we are not studying an isolated
tribunal, for every royal cédula promulgated to the Philippine
audiencia was in some way related to those issued to ten or eleven
other audiencias of equal status or similar character. Although the
Philippines were apart physically, this institution, with its relation
to the provincial and colonial governments on one hand, and the home
government on the other, brought the colony as close as possible to
Spain, and to the other colonies.
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