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
He suggested the establishment of a royal audiencia to consist
of three judges, having criminal and civil jurisdiction, without
appeal to any other tribunal than the Council of the Indies. The
audiencia as outlined by him was to have administrative powers as
well as judicial; it was to govern as a commission, with a governor
at its head, chosen for a term of six years. [67] This scheme, he
said, if put into operation, would result in no increased expense
to the crown or colony. He proposed the abolition of the three
oficiales reales, suggesting the substitution of three oidores in
their places, thus extending the jurisdiction of the audiencia to
matters of finance. The new tribunal should likewise take cognizance
of the assignment of encomiendas, and see that in all cases the royal
will was obeyed. The audiencia should exercise supervision over the
alcaldes mayores in their relation to the encomiendas, with a view to
remedying the existing abuses and seeing that justice was done to the
Indians. The audiencia should hear cases appealed from the alcaldes
mayores and corregidores instead of allowing these suits to be heard
by the governor or sent to Mexico. Rivera also urged that there should
be a special defender of the Indians as a part of the audiencia. [68]
Enough has been noted of the evils of the government as it existed
before the establishment of the audiencia to understand the reasons
for the creation of the tribunal. The whole matter summarizes itself
in the excesses of the governor, and the necessity of protecting
all classes of society from his absolutism. These abuses called for
the establishment of a tribunal nearer than New Spain, which would,
in a safe and expeditious manner, impose the necessary limitations
upon the governor, insure an equitable collection and an economical
expenditure of the public revenue, and bring about particularly
the elimination of official corruption. It was desirable to protect
the merchant in his legitimate business, to insure stability in the
relations of church and state, and to obviate the existing evils in
the administration of the provincial governments. The latter meant
the assignment of encomiendas in accordance with the law to deserving
individuals instead of to friends and relatives of the governors, or
to other prominent officials of the colony. It also meant that the
natives on these encomiendas should be protected from the rapacity
of the encomenderos. It was realized that an effort should be made
to insure the imparting of religious instruction to the natives
in partial return for tribute paid by them. Finally, it meant the
establishment of a tribunal which would have power to enforce the
law prescribing that the alcaldes mayores and corregidores should
exercise faithful supervision over these matters which were within
their jurisdiction. A tribunal was needed, not merely to hear such
appeals as might come to it by process of law, but with authority to
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