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The Audiencia in the Spanish Colonies

Note 44 — Chapter VII · THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION

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The earliest legislation to be found in the laws of the Indies dealing with the government of the Chinese was enacted on April 15, 1603.44 This law forbade the alcaldes ordinarios to exercise jurisdiction over suits of the Chinese in the Parián, but it ordered that all cases involving them should be tried by a special alcalde of the Parián with right of appeal to the audiencia. A special judge was thus created by this law, with jurisdiction over the Chinese.45 The purpose of this enactment was to establish a system of judicial procedure for the Chinese, whereby the latter might be kept apart from the Spaniards and natives in judicial as well as in governmental administration. This necessity was partly based on economic considerations, and partly on racial and religious reasons; it was designed essentially for the protection of the Spaniards.46

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