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 cédula of September 3, 1565, laid down the principle that the
residencias of officers appointed by viceroys and presidents should be
taken by commission of those who appointed them. [270] As regularly
appointed corregidores and alcaldes mayores held royal commissions,
[271] they did not, according to this law, give residencia to judges
appointed by the governor. The Council of the Indies, therefore,
should name judges to investigate the official conduct of its own
appointees. As a matter of fact, however, the Council delegated this
authority to the governor and audiencia. This latter practice was
authorized by a clause in the cédula of September 3, 1565, which
provided that residencias of the officials referred to should be
taken under supervision of the audiencias in the districts wherein
the officials resided. This meant that while the audiencia was not
to interfere in the taking of the residencia itself, the tribunal
was to see that the laws regarding residencias were faithfully
executed. The law of March 11, 1591, ordered that if the conduct of
corregidores, alcaldes mayores, and other magistrates demanded that
their residencias should be taken before the completion of their term
of office, the viceroys, presidents, or governors should appoint judges
for the purpose. [272] Nothing was said in this cédula relative to
the authority of the audiencia in this matter, but the law of January
19, 1608, gave to the audiencia the right to try residencia cases on
appeal from the sentences of these special judges.
The laws of June 3 and June 19, 1620, provided that the governor
and audiencia should decide in acuerdo whether the residencia of a
gobernador, corregidor, or an alcalde mayor should be taken. Neither
the governor nor the audiencia was to have complete authority in
the matter, but each should participate, the audiencia assisting in
the decision as to whether the case merited investigation and the
governor making out the commission and appointing the judge if an
investigation were necessary. The audiencia, alone, was authorized
to appoint judges of residencia for judicial officers only. [273]
The interference of the audiencia in the residencias of governors,
corregidores, alcaldes mayores, and other justices and ministers
provided by royal appointment was definitely forbidden by the cédula
of April 20, 1639, as this jurisdiction was declared to belong to
the Council of the Indies. [274] Although we have evidence that
the Council did exercise such jurisdiction, it was always on review
of cases appealed from the audiencias. While the above prohibition
forbade the audiencia from taking the residencias of these officials
it did not restrain the tribunal from participating in the decision
as to whether a residencia should be taken, or in the review of the
autos of residencia.
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