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 judicial authority of the audiencia was impeded during the greater
part of its history by the failure of the government to entrust it
with complete jurisdiction in all civil and criminal matters, and
by the tendency of the latter to interfere in matters of minute and
insignificant detail, which should have been left to the magistrates
of the tribunal. The Constitution of 1812 and the reforms made in
pursuance thereof really effected the changes which had long been
needed. The audiencia's jurisdiction was made final in all civil suits
and increased in administrative cases; thereafter no appeals were
made to the Council of the Indies unless they involved administrative
law. Cases involving official dishonesty, incapacity, residencia,
pesquisas, treason, disputes between audiencias and other tribunals
over conflicts of jurisdiction, and questions of the interpretation of
the law were still carried to Spain. These were important steps for the
improvement of colonial judicial procedure; they served to simplify it,
preventing a multiplicity of cases from being carried to Spain which
should have been settled within the colony. These tardy reforms left to
the home government more time in which to occupy itself with questions
of governmental policy, leaving to the audiencias more authority
and responsibility in purely judicial matters, thus giving to them
a greater prestige in the commonwealths wherein they were situated.
The qualifications for the magistracy were also raised at this time,
although it cannot be said that the magistrates of the audiencias were
at any time incompetent or lacking in ability. The audiencias of the
colonies were given equal status with those of the Peninsula, and were
thus elevated in dignity and standing to the rank of tribunals of the
first order. The chief defects of the colonial judicial system of the
seventeenth century were thus corrected, though somewhat tardily. It is
unfortunate indeed that these changes applied only to a mere skeleton
of Spain's former colonial empire.
In this chapter we have discussed the audiencia as a formal court of
justice, with methods, practices, and traditions little different from
those of any tribunal of justice. However, it had judicial authority
more extensive and far-reaching than has yet been indicated. Among the
different kinds of cases over which the audiencia had jurisdiction,
perhaps none was more important, and certainly none was more
exclusively peculiar to the Spanish judicial system than suits of
residencia. So distinct and extraordinary was that phase of judicial
activity that it merits consideration apart from a discussion of the
audiencia's functions as an ordinary court of law. In the following
section we shall note its jurisdiction as an administrative court over
suits wherein the government was a party and wherein the object was
not only to punish offenders, but to act as a preventive of official
misconduct.
CHAPTER IV
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