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
During the period from 1583 to 1589, and after the re-establishment of
the audiencia in Manila, this tribunal exercised authority over suits
involving encomiendas. There is so much sameness in the nature of these
cases that little would be added by describing them. There appears
evidence of considerable conflict of jurisdiction, however, between
the governor and the audiencia over the adjustment of the latter
to the new situation relative to the encomiendas. Governors Acuña,
Tello and Fajardo sought on various occasions to retain jurisdiction
over suits involving encomiendas on the basis of the law of Malines,
notwithstanding the fact that the audiencia had been given the duty of
trying such cases. When appeals were made to the Council of the Indies,
that tribunal made clear its determination that the audiencia should
try suits involving encomiendas, but that in administrative matters
relating thereto the will of the governor should prevail, unless
his decision were contested through legal channels. An illustration
of such difference of opinion may be noted in the letter written by
Governor Juan Niño de Tavora on August 4, 1628, to the Council of the
Indies. Tavora complained of the action of the audiencia in regard
to the disposal of a case involving an encomendero who had married
the widow of another encomendero, and who had tried to unite and
hold both their encomiendas after marriage. The governor contended
that two persons holding encomiendas by previous right should choose
the more desirable one and relinquish the other, in accordance with
the practice in other places. Especially should this be done in the
Philippines, he held, because there were so few encomiendas in the
Islands. The fiscal approved of this suggestion and made a motion
before the acuerdo of the audiencia that this course should be pursued,
but, as no laws had been promulgated on the subject, there was no
precedent to follow. The audiencia accordingly declared that such
a course as the governor had suggested would not be legal. Tavora
petitioned the Council of the Indies for a ruling on the subject. The
Council sustained the governor in its consulta of January 15, 1630.
Public-domain text, read in full here on John Shaqi.
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