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
Another typical case, indirectly connected with commerce, occurred
in 1713, when the fiscal of the audiencia prosecuted three captains,
Enrique Boynont, Fernando Gall and Diego Brunet, who had arrived at
Cavite in command of French merchant and exploring ships, without the
royal permission to trade in the Islands. These captains, who were
foreigners, of course, were charged with smuggling, and were brought
before the royal audiencia. The charges against them were not proved,
and in due time the cases were dismissed. [192] The laws of the Indies
authorized the governor and the alcaldes del crimen to try cases of
strangers, [193] but in Manila, where there were no magistrates of
this category, such cases were tried by the audiencia.
Perhaps the most important commercial suit that was ever tried in the
Audiencia of Manila, came before that tribunal in 1656, when several
residents of Mexico were excluded from the use of the galleon and
their goods confiscated. This action was in accordance with repeated
cédulas and regulations which reserved the space in the galleon for
the exclusive use of the Manila merchants and authorities. Mexican
traders, who had from time to time shipped goods on the galleons,
were forbidden to crowd out the Manila merchants, who depended on
that trade exclusively. The fine levied on this occasion amounted to
273,133 pesos. The case was appealed to the Council of the Indies,
the aforesaid decision was upheld, and the sum was finally ordered
paid in Mexico. [194]
During the greater part of the audiencia's existence there was no
consulado in Manila and the jurisdiction of the audiencia in commercial
cases extended to suits between merchants for space on the galleon. The
tribunal had jurisdiction over the trial of officials for dishonesty in
the assignment of galleon space: investigations of officials charged
with reserving more than their due share of space, and such other
cases as are mentioned in the laws of the Indies as being the concern
of the consulados of Lima and Mexico. [195] Officers of the galleons
were tried for mistreating seamen, for smuggling, for exceeding the
limit of merchandise allowed, for giving passage to lewd women and
to persons travelling on the galleons without permission. They were
tried for carrying more slaves than they were allowed by law to carry,
for charging exorbitant prices of passage, and for failing to turn
in accounts of money collected. Commanders were often held criminally
responsible for carelessness in navigation and for shipwrecks. These
cases were tried in the tribunal of the consulado after 1769.
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