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 authority to determine whether cases merited investigation or
not and whether an inquiry should be made, belonged to the acuerdo,
while the designation of the judge rested with the governor. [220]
The judges sent on these missions were not at first authorized to
pass final sentence, their decisions being subject to review in the
audiencia before execution. However, by the law of May 5, 1576, this
added authority was bestowed upon the oidores who conducted special
investigations, or residencias. [221] Appeals might be made to the
audiencia and, if the sentence imposed the death penalty or permanent
removal from office, the appeal might be carried to the Council of the
Indies. [222] The final approval of the Council was required before
action could be taken with regard to any royal appointee, except in
those cases wherein the fine did not exceed one thousand pesos. [223]
The oidores, it seems, did not always act as impartial judges when
entrusted with these investigations; they were often influenced
by the extra reward obtained for these services, and frequently by
prejudice against the officials under investigation. Such were the
charges implied by Governor Fajardo in 1619 when he wrote:
It is always to be believed that the auditors (oidores) to whom the
inquiries are entrusted, ought to make them, not only as judges,
but as interested parties, so that sinister inquiries should not
be sent to your Majesty's royal Council to defraud your royal
treasury and the merits of those who have served well. I assure
your Majesty that I have heard that many inquiries have been made
with less justification than might be advisable. [224]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account