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 gradual extension of the jurisdiction of the audiencia over
encomiendas may be cited as an example of the changes in the authority
of the tribunal and in its relation to the Council of the Indies. The
first important legislation in regulation of the encomienda was the
celebrated law of Malines, promulgated in that city by Charles V, on
October 20, 1545, and enunciated at successive dates until 1610. The
law prescribed the course which was to be pursued by the audiencia
in suits between individuals relative to encomiendas or the Indians
thereon. In these contentions the Council of the Indies and not the
audiencia was the final arbiter. The duty of the latter tribunal was
to collect evidence in these cases, taking the testimony of witnesses
for both sides and remitting all papers, sealed, to the Council of
the Indies. The council, on consideration of the evidence, rendered
the final decision. The audiencia had to conclude its part of the
investigation and file its report within a period of three months. This
time limit was extended to six months in 1554. The purpose of this law
was to guarantee justice in the assignment and retention of encomiendas
by removing them from the control of the audiencias, whose magistrates,
as experience had proved, often allowed themselves to be influenced
by local prejudices. Encomiendas were to be assigned by the king,
in theory at least, and no other authority save the monarch and his
council could exercise jurisdiction over them. [150]
The audiencia was, however, authorized to act as the protector of
persons holding Indians on encomiendas, to see that they were not
unjustly deprived of or wrongfully disturbed in their holdings. In
case a person were thus deprived of his Indians, the audiencia was
empowered to restore conditions to their former state. If the aggressor
persisted, or cared to contest the right of his opponent to the Indians
in question, the audiencia was ordered to observe the law of Malines,
collecting all the evidence in the case, and forwarding it to the
Council of the Indies for final decision. The frequency of litigation,
however, and the vast number of unimportant cases which arose under
the provisions of the law of Malines came to demand too much of the
time and attention of the Council of the Indies, thereby causing
many delays in suits involving encomiendas. In order to remedy this
defect, Philip III, on April 17, 1609, conferred on the audiencia
jurisdiction over all cases involving encomiendas, repartimientos,
[151] tributes, and despoliations of Indians up to the value of a
thousand ducats. [152] Cases involving a greater value were still to
be settled in conformity with the law of Malines. Finally, in 1624
it was ordered that in suits which did not involve more than three
Indians and in cases wherein the costs of litigation exceeded the
amount in dispute, the decree of the governor should prevail. For
obvious reasons, the audiencia could not concern itself with such
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