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 main interest of this investigation does not lie in the
organization, the scope, nature, or detailed powers of the audiencia
as an institution of the Philippines, but in its larger relation
to the general field of Spanish colonial history and government. It
applies to the entire field of Spanish colonial administration. It
is related to the government of Perú, New Spain, Cuba, and other
colonies wherein there were audiencias, and where functions similar
to those of the Manila tribunal were exercised. The establishment of
all these audiencias was part of the same movement, and the act of
their creation was the product of experience gained in Spain through
efforts at centralization there. The audiencias of the colonies were
alike dependent on the Council of the Indies; common institutions
and departments of government existed in Spain for the control
and regulation of the tribunals of the colonies. All were of equal
judicial rank before the Council of the Indies, and cases appealed to
the latter from the several audiencias were treated in the same manner
and considered as having equal rank and importance. The general powers
and attributes of these audiencias were prescribed in the same code,
the Recopilación, and general laws and cédulas of reform were expedited
from time to time and sent to the tribunals of all the colonies. Such
is the basis, therefore, of the claim that this is in reality a study
of the audiencia as an institution, illustrated particularly by the
history of that of the Philippines.
A study of the audiencia of any colony is concerned with all of
the problems that came up in its life--with legal, political,
ecclesiastical, and social conditions. It will be seen that the
audiencia was the one tribunal which regulated, checked, and often
controlled both church and state in the colonies; it represented the
king, and its duty was to see that the royal commands were obeyed;
it was the royal audiencia. Isolated as were the officials of the
Philippines, in those distant seas, removed from any but the most
remote influence of the home government, beset on all sides by hostile
forces, and dependent on themselves alone, conditions there present an
especially favorable field wherein to note the ultimate possibilities
of the authority of the audiencia. It is the design of this treatise to
examine conditions in the Philippines under the aspects noted, and to
assign them their place in the history of Spanish colonization. The
investigation of what was, beyond doubt, the most important and
many-sided institution in the Spanish administration of the Philippines
provides a means of approach to that larger field of study.
Public-domain text, read in full here on John Shaqi.
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