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 audiencia was forbidden to act alone in the selection of judges
of residencias or pesquisidores; it was commanded not to interfere
with governors of provinces, but it had the right, when, charges
had been made by private individuals, to conduct investigations of
governors' official conduct. The audiencia was empowered to investigate
the judges of provinces. Magistrates were forbidden to hear cases
affecting themselves or their relatives, and when a case involving
more than one thousand pesos was before the tribunal, and no oidor was
eligible to try it, an alcalde ordinario might serve in the place of a
regular magistrate, with appeal to the Council of the Indies. Criminal
charges against the oidores were to be tried by the president, with
the assistance, if need be, of such alcaldes ordinarios as the latter
might select. No relative of the president or of an oidor could be
appointed legally to a corregidor-ship or to an encomienda. Oidores
were eligible for appointment by the president from time to time to
inspect the administration of justice and government in the provinces.
Oidores were forbidden to receive fees from or to act as advocates for
any private person, and they could not hold income-yielding estates in
arable land or cattle. Oidores were forbidden to engage in business,
either singly or in partnership, nor could they avail themselves
of the compulsory services of Indians under pain of deprivation of
office. Any person could bring suit against an oidor. As noted above,
such cases would either be tried by the president or by an alcalde
ordinario on the president's designation. Such cases might be appealed
to the Council of the Indies.
The audiencia, according to the terms of its establishment, had
extensive authority over matters of government. In case of the
death or incapacity of the president, the audiencia was to assume
control of affairs, the senior oidor filling the post of president
and captain-general, with special charge over military matters. Under
such circumstances the administrative and executive functions were
to be administered by the audiencia as a body. The governor, who was
also president of the audiencia, was ordered to make a complete report
annually to the Council of the Indies on the state of the government
and the finances of the colony, including an account of the gross
income and expenditures, a survey of conditions of the encomiendas
and corregimientos, as well as a report on the conduct of officials,
including oidores. In fact, all matters that came regularly under the
care of the executive were to be covered in the annual report of the
governor and captain-general of the Islands.
Public-domain text, read in full here on John Shaqi.
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