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
This law still left the trial of oidores for misdemeanors in the
governor's jurisdiction, but in cases of sedition or notorious offenses
which required immediate action in order to furnish a public example
for its effect on the natives, the president was required to confer
with the audiencia, and to act in accordance with its judgment. By
this law the president was forbidden to make more than temporary
suspensions of oidores from their offices. In no case could they be
permanent unless first approved by the Council of the Indies. [414]
Notwithstanding this law, it may be noted that certain governors
went so far on some occasions as to remove, imprison, and exile
magistrates and to appoint a new audiencia. [415] The judicial power
of the governor over such cases was further altered by the Royal
Instruction of Regents of June 26, 1776, by which he was forbidden
to impose any penalty on the oidores without the concurrence of the
acuerdo and the regent. [416] The president and the acuerdo could
rebuke and discipline oidores, privately, when their conduct demanded
it. Even on such an occasion as this the magistrate was to be given
full opportunity to defend himself. If a private investigation of
the conduct of an oidor were necessary, the inquiry could be still
conducted by the senior magistrate. [417] Oidores, on the other hand,
had no jurisdiction over the trial of charges against the president,
unless it were in his residencia. In this event the investigation
might be conducted by a magistrate designated by the governor or by
the Council of the Indies. [418]
Aside from his executive and military duties, the governor was
president of the royal audiencia. This arrangement had the advantage
of giving him an opportunity to know and appreciate the legal needs
of the colony. It brought him in constant contact with judicial minds,
and his position in this regard was no doubt calculated to keep him in
the straight and narrow path of the law. Nevertheless, the governor,
who was usually a soldier, but seldom a lawyer, did not participate
as a magistrate in the trial of cases, and his activities in the
tribunal were directive, rather than judicial. His opinions in all
legal and administrative matters were prepared by his asesor. [419]
Public-domain text, read in full here on John Shaqi.
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