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
Philip IV initiated further reforms in regard to appeal in
1636. Ordenanza LVI, promulgated at that time, provided that "the said
Council [of the Indies] may only have jurisdiction over the visits and
residencias of the viceroys, presidents, oidores, and officials of our
audiencias and accountants and officials of the tribunals of accounts,
officials of the treasury and those of the governors provided by the
Council with our titles." [242] Ordenanza LXII, issued at the same
time, ordered that "in the visits and residencias which are seen
and determined in our Council of the Indies," cases did not have to
be referred to the king for consultation, excepting when, in "the
residencias of viceroys, presidents, and oidores, alcaldes del crimen,
and fiscales of our royal audiencias of the Indies and governors of
the principal provinces there, condemnations of corporal punishment,
privation or suspension from office result against them." [243]
In these cases the Council was ordered to submit its decisions and
all papers bearing thereon to the king before passing judgment,
so that the final judgment might be rendered by the sovereign in
person. The Council could take final action in the residencias of
military and naval officials without consulting the king. It was, of
course, impossible for the sovereign to give his personal attention
to any of these matters, but the last word was pronounced in these
suits by responsible ministers of the court who stood high in the
royal estimation.
Public-domain text, read in full here on John Shaqi.
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