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
Speaking generally, the authority of the audiencia over ecclesiastical
affairs extended to disputes between orders, between the government
and the church, or its representatives, to cases relating to land
titles, to those alleging abuses of the Indians by the friars, to
cases involving the royal patronage, and to cases of fuerza. [173]
As the question of the ecclesiastical jurisdiction of the audiencia
will be discussed more fully in subsequent chapters, no effort will
be made at this time to particularize concerning its authority over
church affairs, it being merely desirable to suggest the fact here
that the audiencia had jurisdiction in suits involving the church and
the civil government and in those which had to do with the protection
of the natives from the abuses of the ecclesiastics.
Records of thousands of cases exist to show the different kinds of
suits tried judicially in the audiencia. Civil and criminal matters
came up in the tribunal as in all other courts of law, and hence,
as such, merit only passing attention. Among civil cases possibly the
most typical were those relating to encomiendas. It must be borne in
mind that the Spaniard, however mistakenly from the theoretical point
of view, regarded the encomiendas as property in the same sense as
a modern farmer regards his farm as property. He paid a rental or
tax to the government, he engaged in agriculture for gain, and, as
we have seen, the moral duty of protecting, uplifting, or educating
the Indians rested but lightly on his conscience. Therefore, as these
cases are discussed in the following pages, the value of the property
and not the treatment of the Indians on the encomiendas is the first
consideration. As already stated, the law of Malines reserved for the
Council of the Indies final action in all encomienda suits involving
more than one thousand ducats. [174]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account