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 power which the governor had of imprisoning and chastising
magistrates of the audiencia who dared to oppose him, enabled him to
emerge victorious in his struggles with that body. He was even able
to completely suppress the audiencia. Nevertheless he was obliged,
through the need of the tribunal which he had vanquished, to restore
it again, although it was opposed to him. In no less than three cases
governors, in order to comply with the law requiring that there should
be at least one oidor of royal appointment, were obliged to restore to
the audiencia magistrates who had formerly been under arrest. Being in
possession of all the powers of an executive, the governor was usually
able to reduce the audiencia to subserviency, unless the dispositions
of the opposing oidores were such that they would not submit. On
the whole, the audiencia seemed unable to check the excesses of the
governor, by virtue of its authority, and the oidores were obliged
to confine themselves to protests and appeals to the king; these,
only after years of delay, effected the removal or punishment of the
governor and the appointment of another to continue his excesses.
The complaints which Messa made on this occasion resulted in bringing
to the Islands a visitor who conducted a lengthy, though somewhat
tardy, investigation. Fajardo was already beyond the punishment of
earthy kings and tribunals. But his property was seized and his
heirs were fined; aside, however, from the removal of various of
Fajardo's subordinates, the government was but little better for the
protestations and appeals made by the audiencia. The oidores, instead
of obtaining the desired reform measures, were usually rewarded for
opposing a tyrannical governor and appealing to the court for support,
by a reprimand for quarreling and an admonition to be quiet and
peaceful, to preserve harmony, to attend strictly to their own affairs,
and to abstain from interference with the government. Indeed, judging
from the many similar replies which the oidores received in answer to
their charges against governors, it appears that the preservation of
harmonious relations between the officials of the colony was much more
important than good government. Usually, however, in these struggles
between the audiencia and the governor the contentions of one side
or the other were based on law and justice. The effectiveness of
the Spanish colonial government would have been greatly increased
had the Council of the Indies taken advantage of these opportunities
to investigate the principles at stake and support the right side,
rather than by issuing impotent injunctions and remonstrances.
Public-domain text, read in full here on John Shaqi.
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