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 most important and profitable commissions were awarded to the
senior magistrate of the audiencia. He was charged permanently with
the duty of seeing that all the decrees, fines, and decisions of
the Council of the Indies were executed, collections being made
in accordance with the instructions of that body. These included
fines imposed in residencia and other penalties exacted on different
occasions by the audiencia, or by the Council of the Indies. Among
the latter were confiscations of property and fines for smuggling,
for the illegal exportation of silver, and for the evasion of the
king's fifth, [296] the alcabala and the almojarifazgo. The senior
magistrate was authorized to retain as compensation three per cent
of the amount collected, and he was ordered to give account to the
audiencia of collections made by him in accordance with the law. [297]
Another magistrate was asesor of the Santa Cruzada, and it was his duty
to give legal advice and to act as special attorney for that department
of ecclesiastical activity. [298] The president, fiscal, and the senior
oidor concurred in the acuerdos which treated of matters pertaining to
real hacienda. [299] This was known as the junta ordinaria. A tribunal
of appeals above the junta ordinaria was created later, and in its
activities, also, the magistrates of the audiencia participated. [300]
The audiencia also heard judicially certain cases of appeal involving
the royal treasury, but magistrates who had participated in the junta
mentioned above were not allowed to hear again the cases in which
their previous vote had been given. Each oidor served in turn for the
period of six months on the board of auctions. [301] Magistrates were
appointed by the governor, yearly, in turn, to serve as inspectors
of the government. In this capacity they were expected to examine
and report on the administration of justice and on the work of the
audiencia, the royal treasury and the officials connected therewith,
visitors, provincial officials and those of the city of Manila. The
inspecting magistrate was authorized to examine the records of these
officials and to use any other legitimate means in performance of
his special duties. [302]
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