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
His investigation of the finances was said to have revealed a
shortage of over 700,000 pesos, for which he held Torralba and the
other magistrates responsible, putting, most of the blame, however, on
Torralba. All but one of the magistrates were arrested and incarcerated
in Fort Santiago. Before this was done, however, Bustamante asked
the advice of the archbishop, the religious corporations, and the
universities, as to what steps he should take in the matter. He
recognized that he would be seriously embarrassed without an audiencia,
but the investigations which he had made showed that all of the oidores
were guilty of misappropriation of the government funds. Would he
be justified in forming an audiencia of his own selection, composed
of duly qualified lawyers, with one minister of royal designation
remaining? It was his opinion that the presence of one regularly
appointed magistrate would lend legality to the entire tribunal, so he
asked advice as to which of the three oidores would be most suitable to
retain. He cited as a precedent in favor of his reconstitution of the
audiencia the action of Governor Curuzaelegui in 1687 and 1688 when he
exiled and imprisoned the oidores and reformed the audiencia with his
own appointees. Bustamante proposed to do exactly what Curuzaelegui had
done, that is, to act as president himself, appointing the fiscal as
oidor, and designating a duly qualified lawyer and an assistant fiscal
to fill the other vacant places. Bustamante expressed an apparently
sincere desire to do justice to all. He desired, particularly, that the
administration of justice in the courts should be allowed to proceed
without interruption and without that loss to the commonwealth which
would come from the absence of a tribunal. [537]
Public-domain text, read in full here on John Shaqi.
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