it was also illegal, being contrary to the law which directed that in case an oidor were suspended from his place he should not be restored without the consent of the king and the Council of the Indies. [548] The newly constituted audiencia busied itself at once with the task of government. Archbishop de la Cuesta, among others, questioned the legality of the tribunal's opposition to the excommunication of its members. He was arrested by the governor, and then arose the contest which culminated in the murder of Bustamante, in the suppression of his audiencia and in the first officially recognized government by a prelate in the Philippines. The archbishop reappointed all the former magistrates to office, with the exception of Torralba, and the misdeeds of the government of Bustamante were saddled upon the ex-magistrate. Two noteworthy considerations stand out prominently in connection with this struggle; first, the influence of the governor over the audiencia, and his power to deprive regularly appointed magistrates of their positions and to constitute a new audiencia if he chose, notwithstanding the prohibition of the laws, and, second, the complete control by a governor over an audiencia which he had created. It is not necessary to state that the Madrid government discredited all the later acts of Bustamante's administration, including the recall of Torralba, who was a self-confessed criminal under arrest, when restored by the governor. There is nothing to show, however, that the king disapproved of the acts of Bustamante in creating a new audiencia, unless it were the royal approval of Cuesta's act of reconstituting the old tribunal. Torralba, in his residencia, was made to suffer for all the misdeeds of his government (in reality that of the audiencia, Torralba being decano, 1715-1717), as well as for those of Bustamante (1717-1719). The audiencia, after it had been reconstituted by the archbishop-governor, neglected to investigate the causes of the governor's death, alleging as a reason that this proceeding will greatly disturb the community; that to proceed against these persons will be to cast odium on and grieve nearly all the citizens, since the commotion was so general; that all those who went out on that occasion did so "in defense of the ecclesiastical immunity, the preservation of this city, the self-defense of its inhabitants, and the reputation of the [Spanish] nation;" and that to carry out this plan would be likely to cause some disturbance of the public peace. [549]