The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800) — John Shaqi
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
intervene actively in affairs of government, checking the abuses of
the governor and protecting the community from his absolutism.
The proposition to establish an independent audiencia in Manila
was opposed by the viceroy and audiencia of New Spain. The latter
tribunal wrote a letter of protest to the Council of the Indies,
demanding that in matters of government and justice the colony of
the Philippines should continue to bear the same relations to the
viceroyalty of New Spain as did Guadalajara. [69] Rivera answered
these objections in a special memorial, stating that the isolation
of the Philippines alone justified the establishment of an audiencia
and an independent government. He also pointed out that the nearness
of Japan and China and the necessity of dealing with them required the
presence of a sovereign tribunal in Manila. He asserted that the colony
could deal directly with the Council of the Indies more profitably
than through the Audiencia of Mexico. The latter mode of procedure
was indirect and cumbersome and it exposed litigants to the meddling
of the oidores of Mexico in matters which they did not understand. [70]
Finally, the Audiencia of Manila was established by decree of Philip
II on May 5, 1583, in the following terms:
Whereas in the interests of good government and the administration
of our justice, we have accorded the establishment in the city of
Manila in the Island of Luzon of one of our royal audiencias and
chanceries, in which there shall be a president, three oidores,
a fiscal, and the necessary officials; and whereas we have
granted that this audiencia should have the same authority and
preeminence as each one of our royal audiencias which sit in the
town of Valladolid and the city of Granada of these our realms,
and the other audiencias of our Indies: now therefore we order
to be made and sent to the said Island our royal seal, with which
are to be stamped our decisions which are made and issued by the
said president and oidores in the said audiencia. [71]
The jurisdiction of the tribunal, it is to be noted, extended
throughout the Island of Luzon and the rest of the islands of the
Archipelago, as well as over "the mainland of China, whether discovered
or yet to be discovered."
Public-domain text, read in full here on John Shaqi.
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