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
In accordance with the terms of the concession made by the Catholic
Monarchs at Santa Fé on April 30, 1492, Columbus was given the title of
"Admiral, Viceroy, and Governor of the Undiscovered Lands and Seas of
the Indies." [2] He was likewise entrusted with the duty of proposing
three candidates for the government of each colony, and from these
three names the king was to select one. It was further provided that
the alcaldes and alguaciles for the administration of justice should
be named by Columbus, and that he should hear appeals from these
minor judges in second instance. This is a brief outline of the first
government and judiciary provided for the New World. It is improbable
that this arrangement was the product of any great amount of study
or reflection. It was formulated before the New World had even been
discovered, and this scheme, as well as the conditions of commerce
and tribute which went with it, were largely proposed by Columbus,
and acceded to by the Catholic Monarchs without anticipation of
the tremendous consequences which were to come from that voyage of
discovery and those which were to follow it.
When Columbus undertook his second and later voyages the Catholic
rulers began to modify the conditions of the original compact
by sending royal representatives with him to take account of his
expeditions. The difficulties which Columbus had in the government of
his West Indian colony are too well known to be more than referred to
here. Through the influence of Fonseca, and the gradual realization of
the tremendous size and importance of the new dominions, the rulers
of Spain began to feel that a mistake had been made in granting to
this Genoese sailor and to his heirs the complete proprietorship and
government of this distant empire. The abrogation of the contract was a
natural consequence. It was the repudiation of a colonial system which
had been created in the dark, and formulated without a knowledge of the
conditions and problems to be met. Such an arrangement was foredoomed
to failure, and if the colonies were to be administered successfully,
reform was necessary.
In 1507, the towns of Española petitioned the king for the same
privileges and forms of government as were possessed by the towns of
Spain. The request was granted, and municipal rights were bestowed upon
fourteen towns. These concessions included the privilege of electing
their own regidores and alcaldes ordinarios [3] and the rights of
local legislation and administration of justice. The principle was
subsequently enunciated that,
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