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
Suspensions from office were made by the governor with the advice and
consent of the audiencia. The governor had the legal right to make
temporary removals, but on account of the seriousness of such an act,
and the considerations depending upon it, he usually preferred to
have the support of the magistrates in the matter. The governor, as
vicepatron, could suspend prelates and other church officials, but he
seldom, if ever, exercised his powers to the full extent. The audiencia
at Manila, on the other hand, actually drove the archbishop from the
city on various occasions. The suspension and the removal of members
of the ordinary clergy from their districts was a frequent occurrence,
but churchmen were not subject to residencia. The audiencia had no
authority to suspend or remove the governor, though the magistrates
could and frequently did bring charges against the governor which led
to his dismissal. Governors actually suspended and removed oidores at
times, though such acts were protested as violations of the law which
authorized only the Council of the Indies to remove these officials.
Briefly, the procedure in making these removals was as follows:
the governor and audiencia investigated the conduct of an official
whenever circumstances demanded it; the latter was either suspended
and recommended for removal, such recommendations being made by the
audiencia to the governor or to the Council of the Indies, according
to the rank of the official, or the tribunal could make the removal
itself. [211] If exception to the action of the audiencia were taken,
all the papers relative to the case were forwarded to the Council of
the Indies, and if good reasons were found to exist for the action
of the lower court the Council approved its action. [212] This,
was not the residencia as usually considered.
Public-domain text, read in full here on John Shaqi.
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