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
There were many laws regulating the relations between the audiencia
and the governor, most of which will be noted in greater detail
in a subsequent chapter. The most important were the laws which
ordered that the viceroys of New Spain and Perú should leave to the
audiencias entire jurisdiction over residencias, questions involving
the marriage relation [115] and the administration of property of
deceased persons. [116] A law especially referring to the Philippines
ordered the Audiencia of Manila to abstain from interfering with the
government of the Chinese in the Parián. [117] This did not forbid the
trial on appeal of cases relating to the Chinese, since in practice
the audiencia had authority to take cognizance of such cases. Certain
extra duties were required of the oldest oidor of the audiencia, who
was known as the decano. He was given complete authority over the
tribunal in the absence of the president. He might assign cases to
the magistrates, designate judges for special duties and determine
all matters relating to the interior organization and government
of the tribunal. These functions were assumed, after 1776, by the
regent, and the prerogatives of the office of decano became merely
nominal, except when the regent was absent. In audiencias whose size
permitted it, the oldest oidor, or the regent, after that office was
created, could determine whether sessions should consist of one or two
salas. [118] An audiencia was legally constituted, however, if only
one magistrate were present. [119] The audiencia was commanded to guard
its proceedings with great secrecy, and such rules were formulated for
its magistrates as would enable the tribunal to uphold its dignity,
and command the respect of the commonwealth.
Cases of first instance were tried by inferior judges who were
below the category of oidores. [120] As noted in a former chapter,
these judges were the alcaldes ordinarios, alcaldes mayores, and
corregidores. The former tried civil and criminal cases in the towns
and cities and the last two exercised extensive jurisdiction in the
provinces. Cases were appealed from them to the audiencia. [121]
The audiencia was forbidden to concern itself with cases of first
instance, excepting certain criminal suits which originated within
five leagues of Manila. [122]
Public-domain text, read in full here on John Shaqi.
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