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The Audiencia in the Spanish Colonies

Note 71 — Chapter X · THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE

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A number of testimonios exist in A. I., 105–2–6 bearing on suits of natives and Chinese mestizos who aspired to enter the royal university. In later years they were admitted, but these institutions were primarily intended for the children of Spaniards. Of especial interest was the suit brought in the audiencia by the Chinese mestizo, Francisco de Borja, against the University of Santo Tomás for the degree of master of arts, which the educational institution refused to grant on account of the nationality of the plaintiff. The suit was carried to the Council of the Indies, and that tribunal, after requiring the opinion of the royal fiscal, declared in its consulta of July 17, 1780, that the laws of the Indies (Recopilación, 1–22–57) denied to mestizos, Chinese, and mulattoes the right of studying in the royal universities, but once having qualified, however, there was nothing in the origin or nature of an infidel that should prevent his receiving his degree (A. I., 105–3–1). Another question which was deliberated with much care was whether illegitimate children should be admitted as students or qualified as licentiates.

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