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
It was the policy of the government to give the audiencia final
jurisdiction in as many cases as possible. It was desirable to endow
the colonial tribunals and authorities with sufficient power to make
them worthy of respect. At the same time it was necessary to relieve
the Council of the Indies of the duty of hearing the vast number of
individual suits which would inevitably come to it if that tribunal
were made too accessible. The Council was occupied with appeals in
government and justice from all of Spain's colonies. It has been
noted that the limit of value of cases which could be appealed from
the audiencia to the Council of the Indies was raised in 1620 from
200 to 6000 pesos. This would seem to indicate a growing tendency
to confine suits involving individuals to the colonial tribunals,
thus increasing the importance of the audiencias, and at the same
time making the Council of the Indies more exclusively a tribunal of
administration. This change, however, was never completely effected,
despite the various expedients adopted to discourage the appeal
of individual cases. Persons appealing were obliged to guarantee
the expenses of suit. The great cost, the delays, and the distance
altogether made appeal difficult. Appeals of longer standing than two
years were not received from the Philippines in the Council of the
Indies. [149] An investigation of the records shows that most of the
cases appealed to the Council of the Indies involved administrative law
in some form, having to do either with the prosecution of officials,
their removal from office, the prosecution of bondsmen, residencias,
conflicts of jurisdiction, or with appeals from the decision of the
audiencia in commercial and ecclesiastical matters.
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