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 importance of the church in the Spanish colonial system has
already been alluded to. The extent of its power and the frequency
and importance of its relations with the audiencia demand considerable
attention. After studying the general phases of the relations of the
audiencia and the church, we shall see that the tribunal exercised
ecclesiastical authority of a very pronounced character. This power it
derived from two sources: first, from the authority that was entrusted
to it by virtue of the royal patronage; second, from its status as a
court of justice with jurisdiction in ecclesiastical affairs similar
to that which it had as an ordinary tribunal of justice. The above
is an outline of the plan of this book.
That which impresses the modern student most with regard to Spanish
administrative machinery was its failure to effect deliberately the
division of powers which, with our traditions, we consider essential
to a well-balanced government. The terms "executive" and "judicial"
are employed in this book, as they were in Spain's colonies, to
designate functions rather than departments. The viceroy, as president
of the audiencia, had cognizance of certain judicial matters, and
more or less participation in them, though he was forbidden to act
as judge, especially over affairs in which he had already officiated
as executive. The audiencia likewise shared many executive functions,
yet it was not judge of its own acts, for when judgment was passed on
the administrative acts or judicial pronouncements of an oidor, either
on appeal or by review of sentence, that magistrate was expected to
retire, or to be occupied with some other case. So, while there was no
judicial department with solely judicial functions, or a legislative
or executive department, as they are known in some modern states,
there existed certain interrelations which did not entirely result in
confusion, as one might suppose. On the contrary, it may be often noted
that as a resultant of this system, men and acts of an exceedingly
well-balanced and statesmanlike character were produced. We shall see,
moreover, that they were far from meriting the disapprobation that
is frequently heaped upon so-called Spanish governmental incapacity.
Public-domain text, read in full here on John Shaqi.
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