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 memorial presented by Messa y Lugo was chiefly concerned with the
story of his own arbitrary arrest and imprisonment at the instigation
of Fajardo on trumped-up charges, as he alleged. The judicial inquiry
lasted two months, and it furnishes an excellent example of the power
of a governor over a weak audiencia. The occasion for the investigation
had been a disagreement between the governor and the oidor over
the latter's claim to act as administrator of the property of Oidor
Alcaraz, who had died in office. The governor, by the appointment
of a magistrate favorable to himself as juez de difuntos, had hoped
to control the administration of the property, since Messa was under
sentence of residencia, and the remaining magistrates of the audiencia
were favorable to him. Moreover, Fajardo wished to forestall certain
charges of misgovernment which he knew that Messa was prepared to
make against him. Consequently the governor designated an alcalde of
the city to conduct the residencia. Messa was given practically no
opportunity to defend himself. His property was sequestrated, even
to his wife's clothing. Seeing that he could not obtain justice,
he escaped from prison and took refuge in a Dominican convent.
Messa, from the seclusion of the monastery, challenged the legality of
the governor's procedure. According to his contention, the previous
law authorizing the governor to name an alcalde ordinario to try
an oidor, was now a dead-letter. Its chief defect had been that an
alcalde, who was the creature of the governor, would always aim to
render a decision pleasing to his master. He urged that the law
then in force authorized the governor to proceed with the trial
of an oidor, only upon consulting the audiencia, and moreover that
resulting condemnations, if they were personal or corporal, should be
confirmed by the Council of the Indies. [524] Messa therefore claimed
that the governor had no authority to proceed with this case alone,
since "those nearest (your Majesty), as are the auditors (oidores),
cannot be imprisoned or proceeded against except by your Majesty or
the royal Council, or by your order."
The oidor then proceeded to show the extent to which, in his opinion,
the governor might intervene in the sessions and proceedings of the
audiencia. He wrote:
The president, in virtue of his superintendency over the Audiencia,
may ordain to the auditors what may be the just and reasonable
in matters that pertain to the government and its conservation;
and even, in the heated arguments that are wont to arise between
the auditors, has authority, in case the nature of the affair
might require it, to retire each auditor to his own house, until
they make up the quarrel; and, should he deem it advisable,
he may inform your Majesty. For the ordinance does not say that
the president and alcaldes shall proceed, arrest, sentence and
execute justice in criminal cases affecting the auditors. [525]
Public-domain text, read in full here on John Shaqi.
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