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
The combined memorials of the residents and officials of Manila, which
we have already noted, were presented at court by a new procurator,
Fray Alonso Sánchez. The latter, a Jesuit, was a churchman of high
standing, and his abilities were recognized both at Madrid and in
Rome. Besides carrying commissions from the secular officials, he
represented the bishop, but the latter, distrustful of the influence
at court of a Jesuit commissioned by the secular government, with
which the prelate was constantly at war, determined to send one of
his own supporters to Spain to represent his interests. The emissary
of Salazar was Fray Francisco Ortega, of the Augustinian order. Ortega
followed Sánchez to Spain and rendered valuable service as procurator
of his order at Madrid. [90]
In written memorials and in personal interviews with the king
and with members of the Council of the Indies, Sánchez summarized
all the arguments heretofore given, asking for the abolition of
the audiencia. The newness of the country, the sparseness of the
population and the poverty of the inhabitants, according to his
argument, made such an institution a financial burden. If it were
continued, the salaries of the magistrates would have to be paid
from Mexico. An audiencia in Manila was not necessary, he urged,
since the chief element of the population was military, and hence
under martial law and jurisdiction. Even before the establishment
of the audiencia it had been necessary to send but few cases to
Mexico; indeed, alleged Sánchez, lawsuits seldom arose in the colony,
and the presence of the audiencia encouraged rather than prevented
litigation among the few merchants who lived in Manila. The discord
caused by the presence of the tribunal and the continual lawsuits
which it encouraged among the Spaniards had a disquieting effect on
the natives, who had no need of such an institution, and who did not
even understand its purposes. The audiencia, instead of serving as a
protection to the natives, was an instrument of tyranny. The Spaniards,
understanding the use of a court which would enforce the contracts
made between them and the ignorant Indians, were often supported
in the seizure of the latter's property, which act, in reality,
amounted to deprivation and legalized robbery. Sánchez stated that
the natives had been terrorized by the audiencia. The magistrates,
versed in the legal customs and practices of Spain rather than of
the Indians, were unfit to administer justice in the Philippines.
Public-domain text, read in full here on John Shaqi.
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