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
Governor Fajardo affords an example of a successful military man
who, having won fame for himself in the wars of the continent, but
without legal knowledge or administrative experience, was called to the
government of a distant and isolated colony, with the responsibility of
continuing in harmonious relations with a hostile civil and judicial
tribunal on the one hand, with whose powers and functions he was
not familiar, and an equally hostile religious institution on the
other. Men of military training usually had great contempt for the
abilities and good intentions of priests and lawyers in those days,
and it was frequently evident, both by their actions and by their
own confessions, that conquistadores of the stamp of Fajardo, Acuña,
and Corcuera were little fitted for the exercise of administrative
and governmental functions, however useful they might be in adding
to the domain of the Spanish empire.
Thus, there being present in the colony a tribunal of trained lawyers
who were at the same time capable and experienced administrators,
the governors became accustomed to rely on them for advice and
assistance, in compliance with the commands of the laws of the
Indies. As one governor of military tastes and training succeeded
another, each lacking administrative ability and experience, the
audiencia came to assume an increased share in the governmental
activity of the colony. This tendency was accentuated by the fact
that the governor was absent from the capital city on campaigns of
conquest and defense a large share of his time. Ability as a soldier
and commander was always the chief criterion for the selection of a
governor and captain-general, and military affairs were given more
attention by far than matters of administration. Spain's policy
of selecting soldiers instead of administrators for the post of
governor went far towards making the audiencia more than a court of
justice, and towards giving it a share in the executive functions
of government. This tendency was also furthered by the fact that
the audiencia came to assume the entire administration on the death
or absence of the governor, a power which it did not always exercise
well, but which it always relinquished with reluctance.
The Salcedo affair in 1668-1670 emphasizes other differences than
those of the audiencia and the governor, yet reference should be
made to it in this connection, because, after all, the oidores were
concerned indirectly in the struggle. An examination of the data at
our command will reveal the fact that the refusal or failure of the
oidores to intervene in behalf of the governor led to his defeat and
humiliation by the commissary of the Inquisition. The audiencia might
have prevented that disaster had the magistrates been so inclined.
Public-domain text, read in full here on John Shaqi.
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