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 audiencia was required to exercise care that suits involving
Indians were neither lengthy nor involved, that decisions were
reached promptly and without unnecessary litigation, and that the
rites, customs, and practices to which the Indians had always been
accustomed should be continued in so far as was practicable. The
audiencia and the bishop were to see that there was a person appointed
in each village to give instruction in religion. Alcaldes mayores were
ordered not to dispossess native chiefs of their rule or authority;
they were, on the contrary, to appeal cases involving them without
delay to the audiencia, or to the visiting oidor. The audiencia was
to devote two days a week to hearing suits to which Indians were
parties. Encomenderos were to be protected by the audiencia in the
possession of their encomiendas.
A proportionate amount of attention in this cédula is devoted to
outlining the duties of the fiscal, who, from many points of view, was
the most important official directly connected with the tribunal. It
was his function to appear as prosecutor for the government in all
cases tried before the audiencia, and he was forbidden to serve as the
advocate of any private person during his term of office. He should
devote his attention especially to matters involving the exchequer. He
was to prosecute all cases of appeal from the alcaldes mayores and
corregidores on behalf of the government, and "he was to take care
to assist and favor poor Indians in the suits that they have, and to
see that they are not oppressed, maltreated, or wronged." The fiscal,
ordinarily, was not to prosecute unless it were on the complaint of
some person, but in cases of notorious injustice, or when judicial
inquiry was being made, he could take the initiative on his own
account. It was his duty to perform any and all legal acts which were
consistent with his position, and which were designed to bring about
justice or to secure the royal interests.
The remaining sections of this decree, and, in fact, the greater part
of it, are devoted to establishing the duties of the fiscal and the
minor officials of the audiencia, to fixing a tariff of fees to be
charged for notarial and other legal work and to the determination
of other matters which are of no great consequence to the purposes
of this chapter.
Public-domain text, read in full here on John Shaqi.
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