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diff --git a/41443-8.txt b/41443-8.txt deleted file mode 100644 index d4c4ab3..0000000 --- a/41443-8.txt +++ /dev/null @@ -1,18601 +0,0 @@ -The Project Gutenberg EBook of The Audiencia in the Spanish Colonies, by -Charles Henry Cunningham - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: The Audiencia in the Spanish Colonies - As illustrated by the Audiencia of Manila (1583-1800) - -Author: Charles Henry Cunningham - -Release Date: November 23, 2012 [EBook #41443] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK AUDIENCIA IN SPANISH COLONIES *** - - - - -Produced by Jeroen Hellingman and the Online Distributed -Proofreading Team at http://www.pgdp.net/ for Project -Gutenberg (This file was produced from images generously -made available by The Internet Archive/American Libraries.) - - - - - - - - - THE AUDIENCIA IN THE SPANISH COLONIES - AS ILLUSTRATED BY THE AUDIENCIA OF MANILA (1583-1800) - - BY - CHARLES HENRY CUNNINGHAM, Ph. D. - Adjunct Professor of History in the University of Texas - - - - UNIVERSITY OF CALIFORNIA PRESS - BERKELEY - 1919 - - - - - - - -PREFACE - - -It seems proper to say at the outset that a general study of the -Spanish colonial system convinced me of the need of an extended -investigation of the audiencia, which was the central institution in -the colonies. It was, however, the circumstance of my being situated -in Manila for some years and thus having at my disposal the original -documents bearing upon the history of the audiencia which was situated -there that led me to study this particular tribunal. At first sight it -may appear that something of direct applicability to Spanish-American -conditions, which would have been gained by the study of the Audiencia -of Mexico, or Guadalajara, or Lima, has thus been lost. Nevertheless, -if it is borne in mind that the audiencia system was common to all the -Spanish colonies, and that the laws by which it was constituted and -regulated applied to the different political divisions of America as -to the Philippines, the assumption will not seem wholly unjustified -that the Audiencia of Manila may be taken as a typical legal and -political institution. - -A large part of the time expended in collecting the materials upon -which this book is based was spent in the various depositories in -Manila. The most notable group of documents there is to be found in the -Philippines Library, and it is with pleasure that I express here my -obligations to Dr. James Alexander Robertson, the librarian; for not -only did Dr. Robertson place at my disposal all the resources of the -library, but he contributed generously from his adequate knowledge of -Philippine history and afforded continual inspiration during the course -of my labors in Manila. I am also deeply conscious of the assistance -so kindly rendered by Don Manuel Artigas, chief of the Division of -Filipiniana, and by Don Manuel Yriarte of the Philippine Archive. - -In addition to research in the Philippines Library, the Philippine -Archive, and the Audiencia Records in Manila approximately three years -have been spent in the archives of Spain. The main centre of my work, -of course, has been the Archive of the Indies at Seville, where -I was given free access to all the available materials, and every -facility was extended to me by the chief of the archive, Don Pedro -Torres Lanzas, and by his obliging assistants. I am also indebted -for many courtesies to Don Miguel Gómez de Campillo of the National -Historical Archive at Madrid, and to Don Juan Montero, chief of the -archive at Simancas. - -The object of this prefatory note would not be achieved if I failed to -express adequately my acknowledgment to my teacher and friend Professor -Frederick J. Teggart, of the University of California. His inspiration -led me to appreciate the importance of institutional studies; his -continued encouragement has helped me over the hard places in the -work; and I am conscious now of the extent to which he has sought, -by vigilant criticism, to guard me against precipitateness. I am -indebted to Professor Herbert Bolton for valuable aid and for advice -in the final presentation of the manuscript; to Dr. Charles Wilson -Hackett for a systematic revision of the Bibliography and of the -footnotes; to Professor E. C. Barker for advice and assistance; to -Professor W. R. Shepherd and Professor Francis S. Philbrick for their -criticism of portions of this book; and to Messrs. A. H. Allen and -Morse A. Cartwright of the University of California Press for their -many manifestations of courtesy and patience in the supervision of -its publication. To Professor H. Morse Stephens of the University of -California and to the generous order of the Native Sons of the Golden -West I am indebted for the rare opportunity of two years of foreign -residence and research in the various archives of Spain. - -Finally, my greatest indebtedness is to my wife, who has cheerfully -given up the pleasures and conveniences of life among friends in home -surroundings to accompany me to less pleasant places, in order that -I might succeed in the work which I have undertaken. - - - Charles H. Cunningham. - - University of Texas, Austin, Texas, - March 1, 1918. - - - - - - - -CONTENTS - - - Pages - - Preface v-vii - - Introduction 1-7 - - - CHAPTER I - - The Audiencias of the Spanish Colonies 8-31 - - - CHAPTER II - - The Establishment of the Audiencia of Manila (1583-1598) 32-82 - - - CHAPTER III - - The Judicial Functions of the Audiencia 83-120 - - - CHAPTER IV - - The Judicial Functions of the Audiencia: The Residencia 121-159 - - - CHAPTER V - - The Semi-Judicial and Administrative Functions of the - Audiencia 160-192 - - - CHAPTER VI - - The Audiencia and the Governor: General Relations 193-225 - - - CHAPTER VII - - The Audiencia and the Governor: The Military Jurisdiction 226-258 - - - CHAPTER VIII - - The Audiencia and the Governor: Conflicts of Jurisdiction 259-303 - - - CHAPTER IX - - The Audiencia and the Governor: The Ad Interim Rule 304-361 - - - CHAPTER X - - The Audiencia and the Church: The Royal Patronage 362-409 - - - CHAPTER XI - - The Audiencia and the Church: The Ecclesiastical - Jurisdiction 410-444 - - Bibliography 445-462 - - Index 463-479 - - - - - - - -INTRODUCTION - - -The audiencia was primarily a judicial tribunal. It has been considered -almost entirely as such by these modern historical writers who have -referred to it in passing. Its legislative, administrative, executive, -and ecclesiastical functions have received little attention. This -may be owing to the fact that little or no documentary study of the -audiencia has heretofore been made. A great deal of attention has been -devoted in this book to the non-judicial functions of the audiencia. A -chapter has been given, indeed, to its purely judicial activities, -but the chief purpose of this investigation has been to show that -the audiencia was more than a court of justice, and to bring out its -governmental and ecclesiastical functions. - -This study will be confined, chronologically, to the period extending -from the time of the creation of the audiencia, at the close of the -sixteenth century, to the end of the eighteenth. This limitation is -advisable, first, because the vastness of the subject requires it, and -second, because the audiencia became more concerned with judicial and -less with administrative, political, and economic affairs through the -constitutional changes which were made at the close of the eighteenth -and at the beginning of the nineteenth centuries. The audiencia thus -loses its interest, from our present viewpoint, after the eighteenth -century. Again, it may be said that owing to the loss of colonies by -Spain in the early nineteenth century, and the general anarchy that -prevailed after 1810, a continuation of an intensive study beyond -that period would be without value because its subject-matter would -be no longer characteristic. - -In assuming that the Audiencia of Manila was typical of all the -audiencias in the Spanish colonial system, it is not claimed that -the tribunal in the Philippines was identical in every function and -detail with those of the other colonies of Spain. It is no doubt -true that local conditions brought about pronounced differences and -that each audiencia had its own local characteristics and powers, -which differed from those of the others. The subject is so vast, -however, and the research required for a comparative study of all -these institutions would be so extensive that it would occupy more -than a lifetime to complete it. - -The main interest of this investigation does not lie in the -organization, the scope, nature, or detailed powers of the audiencia -as an institution of the Philippines, but in its larger relation -to the general field of Spanish colonial history and government. It -applies to the entire field of Spanish colonial administration. It -is related to the government of Perú, New Spain, Cuba, and other -colonies wherein there were audiencias, and where functions similar -to those of the Manila tribunal were exercised. The establishment of -all these audiencias was part of the same movement, and the act of -their creation was the product of experience gained in Spain through -efforts at centralization there. The audiencias of the colonies were -alike dependent on the Council of the Indies; common institutions -and departments of government existed in Spain for the control -and regulation of the tribunals of the colonies. All were of equal -judicial rank before the Council of the Indies, and cases appealed to -the latter from the several audiencias were treated in the same manner -and considered as having equal rank and importance. The general powers -and attributes of these audiencias were prescribed in the same code, -the Recopilación, and general laws and cédulas of reform were expedited -from time to time and sent to the tribunals of all the colonies. Such -is the basis, therefore, of the claim that this is in reality a study -of the audiencia as an institution, illustrated particularly by the -history of that of the Philippines. - -A study of the audiencia of any colony is concerned with all of -the problems that came up in its life--with legal, political, -ecclesiastical, and social conditions. It will be seen that the -audiencia was the one tribunal which regulated, checked, and often -controlled both church and state in the colonies; it represented the -king, and its duty was to see that the royal commands were obeyed; -it was the royal audiencia. Isolated as were the officials of the -Philippines, in those distant seas, removed from any but the most -remote influence of the home government, beset on all sides by hostile -forces, and dependent on themselves alone, conditions there present an -especially favorable field wherein to note the ultimate possibilities -of the authority of the audiencia. It is the design of this treatise to -examine conditions in the Philippines under the aspects noted, and to -assign them their place in the history of Spanish colonization. The -investigation of what was, beyond doubt, the most important and -many-sided institution in the Spanish administration of the Philippines -provides a means of approach to that larger field of study. - -A survey of the Spanish colonial system or a study of the government -of any one colony will reveal the fact that political life and -power there were vested chiefly in three institutions. Upon -these the peace, prosperity and security of each colony largely -depended. These institutions were the audiencia, the office of viceroy, -or captain-general, and the church. By means of the two former the -royal interests in the colony were represented, and through the latter -one of the chief aims of Spain's colonial system was effected, namely, -the conversion of infidels and the subsequent care of their souls. The -church added to its own power in various ways. No study of Spanish -colonial institutions would be complete which failed to consider the -church as a political power. It is to a consideration of these three -chief factors of colonial government, and their interrelation, that -this study will be dedicated. After a review of the circumstances -surrounding the establishment of the Audiencia of Manila, we shall -devote ourselves to a detailed study of the audiencia itself. We -shall first notice the audiencia's judicial functions as a court of -ordinary justice and secondarily as a court of residencia. The second -part of this section will be concerned with the semi-judicial and -administrative functions of the audiencia. - -The title of captain-general was primarily of military significance, -and it was exercised alike by viceroys and governors; the official -designation of the former being "my viceroy and captain-general" -and that of the latter being "my governor and captain-general." Not -all governors were captains-general. - -The viceroys in the larger divisions and the captains-general in the -smaller ones represented the king as head of the church and state -in their several districts. Because these officials were so powerful -and their duties so multitudinous, they came into contact with every -department of the government. The audiencias came into relation with -these officials most frequently. It is therefore necessary to study -the governor and captain-general first from the viewpoint of his -position as chief executive of the colony and as representative of -the king. The frequency of their relations and the identity of their -spheres of authority suggest that we give attention to the conflicts -of jurisdiction of the governor and audiencia; finally, we shall take -note of the occasions on which the audiencia assumed the government -on the event of a vacancy, noticing the laws authorizing such action -and the principles underlying them. - -The importance of the church in the Spanish colonial system has -already been alluded to. The extent of its power and the frequency -and importance of its relations with the audiencia demand considerable -attention. After studying the general phases of the relations of the -audiencia and the church, we shall see that the tribunal exercised -ecclesiastical authority of a very pronounced character. This power it -derived from two sources: first, from the authority that was entrusted -to it by virtue of the royal patronage; second, from its status as a -court of justice with jurisdiction in ecclesiastical affairs similar -to that which it had as an ordinary tribunal of justice. The above -is an outline of the plan of this book. - -That which impresses the modern student most with regard to Spanish -administrative machinery was its failure to effect deliberately the -division of powers which, with our traditions, we consider essential -to a well-balanced government. The terms "executive" and "judicial" -are employed in this book, as they were in Spain's colonies, to -designate functions rather than departments. The viceroy, as president -of the audiencia, had cognizance of certain judicial matters, and -more or less participation in them, though he was forbidden to act -as judge, especially over affairs in which he had already officiated -as executive. The audiencia likewise shared many executive functions, -yet it was not judge of its own acts, for when judgment was passed on -the administrative acts or judicial pronouncements of an oidor, either -on appeal or by review of sentence, that magistrate was expected to -retire, or to be occupied with some other case. So, while there was no -judicial department with solely judicial functions, or a legislative -or executive department, as they are known in some modern states, -there existed certain interrelations which did not entirely result in -confusion, as one might suppose. On the contrary, it may be often noted -that as a resultant of this system, men and acts of an exceedingly -well-balanced and statesmanlike character were produced. We shall see, -moreover, that they were far from meriting the disapprobation that -is frequently heaped upon so-called Spanish governmental incapacity. - -The defects which appear so conspicuous in Spanish administration were -largely due to the extremely methodical turn of the Spanish official -mind, the vastness of the empire which was to be governed, and the -lack of facilities available for efficient administration. It was a -government of expedientes, literally a government on paper. All acts, -estimates, budgets, and plans had to be drafted and written out, -duplicates and triplicates of each report had to be made, advice -had to be taken, and opinions rendered, whether the matter went any -further than the theoretical stage or not. We do much the same in our -modern age, but inventions and labor-saving devices have fortunately -spared us much of the time and effort which a few centuries ago -had to be expended to accomplish proportionate results. The apparent -unwieldiness of the Spanish colonial empire would have been materially -reduced by the use of the telegraph, cable, steamship, typewriter -and carbon-paper. - -An effort has been made that this should be something more than -a theoretical dissertation. A knowledge that certain laws were -promulgated is only half of what is necessary in a study of this -character. It is imperative to understand how these laws were applied, -and whether they were efficiently and effectively carried out. Every -phase of the audiencia's history has, therefore, been illustrated -wherever possible with one or more concrete cases, taken from actual -practice. Many of these illustrations are comparatively insignificant -by themselves, involving persons of no historical importance and -concerning matters of a seemingly trivial nature. Nevertheless, it -has been necessary to consider these matters carefully because they -were typical and true to actual conditions, and because they reveal -better than anything else could the affairs which were the concern -of the audiencia, showing the part played by the tribunal in the life -of the colony. - -In the preparation of this work due deference has been paid to the -standard authorities usually cited by writers of Spanish-American -history. So little attention has been given by students of Spanish -colonial history to the audiencia as an institution, however, that -the present writer has been obliged to depend almost entirely on the -hitherto untouched documentary material in Spain and the Philippines, -and to place almost his sole reliance upon it. This material consists -of laws, cédulas, royal orders, ordinances, correspondence, and lastly, -but most important, records of cases and actual happenings in the -form of letters, memorials, reports, complaints and contemporary -accounts. These latter convey, as nothing else can, an idea of how -the laws were carried out, what was their effect, what part the -audiencia played in the interpretation and execution of the law, -and the relations of the tribunal to the other authorities and -institutions of government. Of this sort of material there is much, -and in its light the history of the Spanish colonies and of their -institutions yet remains to be written. - - - - - - - -CHAPTER I - -THE AUDIENCIAS OF THE SPANISH COLONIES - - -The Spanish system of colonial administration was an adaptation beyond -the seas of fundamental administrative, judicial and ecclesiastical -institutions and principles which had grown up and had proved -serviceable throughout a long period of successful use in Spain. As -the audiencias and their allied officials had shown themselves to be -efficient as agencies of centralization in the isolated provinces -of Spain, so they were utilized, by the organization which they -effected, to bring the colonies nearer the mother country. When -Spain was confronted with the necessity of governing her vast empire, -it was natural that she should profit by her former administrative -experience, and make use of those institutions of government which -had proved successful at home. - -The purpose of the present chapter is to emphasize the fact that, these -institutions which had served in Spain, and were still in process -of development there, were utilized in all of the colonies. The -Philippine audiencia, which will be more particularly studied in -subsequent chapters, was not a rare and isolated exception, but -rather an integral part of a great administrative system. [1] This -will more clearly appear from a sketch of the early development of -colonial administration. - -In accordance with the terms of the concession made by the Catholic -Monarchs at Santa Fé on April 30, 1492, Columbus was given the title of -"Admiral, Viceroy, and Governor of the Undiscovered Lands and Seas of -the Indies." [2] He was likewise entrusted with the duty of proposing -three candidates for the government of each colony, and from these -three names the king was to select one. It was further provided that -the alcaldes and alguaciles for the administration of justice should -be named by Columbus, and that he should hear appeals from these -minor judges in second instance. This is a brief outline of the first -government and judiciary provided for the New World. It is improbable -that this arrangement was the product of any great amount of study -or reflection. It was formulated before the New World had even been -discovered, and this scheme, as well as the conditions of commerce -and tribute which went with it, were largely proposed by Columbus, -and acceded to by the Catholic Monarchs without anticipation of -the tremendous consequences which were to come from that voyage of -discovery and those which were to follow it. - -When Columbus undertook his second and later voyages the Catholic -rulers began to modify the conditions of the original compact -by sending royal representatives with him to take account of his -expeditions. The difficulties which Columbus had in the government of -his West Indian colony are too well known to be more than referred to -here. Through the influence of Fonseca, and the gradual realization of -the tremendous size and importance of the new dominions, the rulers -of Spain began to feel that a mistake had been made in granting to -this Genoese sailor and to his heirs the complete proprietorship and -government of this distant empire. The abrogation of the contract was a -natural consequence. It was the repudiation of a colonial system which -had been created in the dark, and formulated without a knowledge of the -conditions and problems to be met. Such an arrangement was foredoomed -to failure, and if the colonies were to be administered successfully, -reform was necessary. - -In 1507, the towns of Española petitioned the king for the same -privileges and forms of government as were possessed by the towns of -Spain. The request was granted, and municipal rights were bestowed upon -fourteen towns. These concessions included the privilege of electing -their own regidores and alcaldes ordinarios [3] and the rights of -local legislation and administration of justice. The principle was -subsequently enunciated that, - - - inasmuch as the kingdoms of Castile and of the Indies are under - one crown, the laws and the order of government of one should be as - similar to and as much in agreement with the other as possible; our - royal council, in the laws and establishments which are ordered, - must strive to reduce the form and manner of their government to - the style and order by which the kingdoms of Castile and León - are governed and ruled, to the extent that the diversity and - difference of the lands and nations permit. [4] - - -In 1511, a tribunal of independent royal judges was constituted in the -colony of Española to try cases appealed from the town magistrates -and the governor. [5] This judicial body may be considered as the -predecessor of the royal audiencia which was established fifteen years -later. The organization and purpose of the tribunal were exactly -similar to those of the courts existing in the frontier provinces -of Spain before the establishment of audiencias. The chief reason -for its creation was the need of checking the abuses of an absolute -governor. This tribunal was composed of three magistrates, who were -possessed of the licentiate's degree, designated as alcaldes mayores, -and appointed by the king. They were empowered to hear and determine -appeals from the governor and from his tenientes and alcaldes. [6] -These magistrates, acting collectively, became at once official -organs for the expression of the needs of the colony in non-judicial -matters, frequently presenting memorials to the Council of the Indies -independently of the governor. [7] The crown had already assumed -direction of the administrative and executive affairs of the colony of -Puerto Rico, on August 15, 1509, by naming a special governor for that -island. On July 25, 1511, Diego Colón, son of the discoverer, was named -governor of Española, and of the other islands and of the mainland -discovered by his father. This latter act of royal intervention did -not confirm, but rather abrogated in practice, the claims of this same -Colón to the inheritance of the provinces which had been given formerly -to his father. This act maintained the pre-eminence and authority of -the Spanish monarchs in these territories. [8] The further growth and -development of the West Indian colonies, and especially the increasing -Spanish population, called for the establishment of a more efficient -tribunal of administration and justice. This need was met in the -creation of the first audiencia in America, that of Santo Domingo, -which was established September 14, 1526. - -The law, which has been cited already, providing that the -administration of the Indies should be patterned in all ways after -the governments of Castile and León, shows very clearly the natural -influence of the early history and institutions of Spain. The -audiencias established in the colonies were at first similar in -jurisdiction and organization to those of Spain, which country had -already succeeded in governing provinces that were, in effect, almost -as isolated and as far from actual contact with the court as were the -Indies. The audiencia of Spain had proved of immense value as an agency -of direct control. It had been found satisfactory under conditions very -similar to those in the Indies, which were not regarded as foreign -possessions, but as integral parts of Castile, being the property of -the monarchs of that kingdom, and under their personal direction. - -Before proceeding with a description of the growth of the audiencia -system, it is desirable, first, to note the establishment in Spain -of two organs for the administration of colonial affairs. These -may be examined here conveniently, because their creation -antedated the institution of the audiencia in the colonies. The -first, chronologically, as well as in importance, was the Casa de -Contratación, which was created January 10, 1503. [9] This essentially -commercial body was intended at first to supervise the import and -export trade of Spain with the colonies, and to arrange for the -sale and distribution of imported articles, concessions of cargo to -individuals, the lading and discharging of cargo, and the collection of -duties. The functions of this body were soon amplified to the extent -that it was given jurisdiction over emigration to the colonies. In -1509 it was granted further authority over certain criminal cases -relating to trade, and in 1510, letrados were added to the tribunal -of the Casa for the better determination of legal affairs. - -As established in 1503, the Casa de Contratación consisted of a -treasurer, auditor (comptroller), and factor. [10] That the institution -flourished and increased in importance may be deduced from the reform -of Philip II, on September 25, 1583, whereby the above mentioned -officials were retained and a royal audiencia was created within -the Casa. This was composed of three jueces letrados and a fiscal, -besides the numerous subordinate officials who usually accompanied -the judicial tribunal. [11] Though at first it exercised some of the -functions which belonged later to the Council of the Indies, it came -subsequently to be subordinate to that body. [12] It was transferred -to Cádiz in 1717, and was suppressed by the royal decree of June 18, -1790. [13] its remaining attributions being assumed by the Consulado -of Seville. [14] - -The beginnings of the Council of the Indies may be noted in the -creation of a special committee of the Council of Castile for the -supervision of administrative affairs in the colonies. This was -eight years after the establishment of the Casa de Contratación, -when another need than the purely commercial, for which the Casa de -Contratación had served, began to be felt. [15] The inadequacy of -the system devised by the Catholic Monarchs at Santa Fé had already -become evident. The problems of administration in the colonies were -making clear the need of a more effective system of regulation. Just -as the number of suits to be tried before the old tribunal de la cort -del rey had increased to such an extent that the king could no longer -attend to them personally, so the problems of administration in the -new colonies demanded more attention and regulation than could be -provided by the administrative machinery at hand. The functions of -this new tribunal, if it may be designated as such at this time, do -not seem to have been clearly expressed at first, at least by any law -or decree now at hand, but it appears that they were advisory rather -than administrative. It soon became evident that a distinction had -to be made between the prerogatives of this council and those of the -Casa de Contratación. During the early history of these two tribunals -there was considerable conflict of jurisdiction between them. It is -probable that until the reform of August 4, 1524, was promulgated, -active supervision of colonial affairs was maintained by the Council -of Castile, both the Casa de Contratación and this new tribunal of -the Indies acting under its direction. Charles V gave new life to the -tribunal of the Indies on the above date by assigning to it definite -legislative and administrative powers, putting at its head Loaysa, -the general of the Dominican order and his own confessor. The Council -was further modified by Charles V in 1542, and by Philip II in 1571, -in the following terms: - - - It is our royal will that the said council shall have the - supreme jurisdiction in all our occidental Indies ... and of the - affairs which result from them, ... and for the good government - and administration of justice, it may order and make with our - advice, the laws, pragmatics, ordinances and provisions, general - and particular, ... which ... may be required for the good of the - provinces ... and in the matters pertaining to the Indies, that the - said our council be obeyed and respected, and that its provisions - in all, and by all be fulfilled and obeyed in all particulars. [16] - - -The Council of the Indies, as established in 1524, consisted of -a president, a high chancellor, eight members who were lawyers, a -fiscal, two secretaries and a lieutenant chancellor. [17] All these -were required to be of noble birth and qualified by experience and -ability to carry to a successful issue the high responsibilities -which they were called upon to discharge. [18] Besides there was a -corps of accountants, auditors, copyists, reporters and clerks. The -number of these last-mentioned functionaries was enormous, especially -in subsequent years, when correspondence with twelve or thirteen -different colonies was maintained. - -The Council of the Indies was the high court of appeal to which all -cases from the colonial audiencias came for final adjudication. It -was, however, not only a court of appeal in judicial matters, but -also a directive ministry for the supervision of the administrative -acts of the colonial audiencias and executives. - -The unqualified success of the Audiencia of Santo Domingo, both as a -tribunal of justice and as an administrative organ, led to the general -establishment of the institution throughout the Spanish colonial -empire. The audiencias which were created in Spain's colonies from -1526 to 1893 follow in the order of their establishment. [19] - - - Santo Domingo, created September 14, 1526, consisting of a - president, four oidores, [20] and a fiscal. - - Mexico, [21] created November 29, 1527, consisting of two chambers - or salas, a criminal and a civil, a president, eight oidores, - four alcaldes del crimen, and two fiscales for civil and criminal - cases respectively. - - Panamá, created February 30, 1535, with a president, four oidores - and a fiscal. - - Lima, created November 20, 1542, with two chambers, a civil and - a criminal, a president, eight oidores, four criminal alcaldes, - and two fiscales, as in Mexico. - - Santiago de Guatemala, created September 13, 1543, with a - president, five oidores, and a fiscal. - - Guadalajara, created February 15, 1548, with a president, four - oidores, and a fiscal. - - Santa Fé (New Granada), created July 17, 1549, with a president, - four oidores, and a fiscal. - - La Plata (Charcas), created September 4, 1559, with a president, - five oidores, and a fiscal. - - San Francisco de Quito, created November 29, 1563, with a - president, four oidores, and a fiscal. - - Manila, created May 5, 1583, with a president, four oidores, - and a fiscal. - - Santiago de Chile, created February 17, 1609, with a president, - four oidores, and a fiscal. - - Buenos Ayres, created November 2, 1661, with a president, three - oidores, and a fiscal; recreated July 2, 1778, when Buenos Ayres - was made a viceroyalty. - - Caracas, created June 13, 1786, with a regent, three oidores, - and a fiscal. - - Cuzco, created February 26, 1787, with a regent, three oidores, - and a fiscal. - - Puerto Rico, created June 19, 1831, to consist of a president, - regent, three oidores, and a fiscal. - - Havana, created September 26, 1835, reorganized June 16, 1838, - to consist of a regent, four oidores, and two fiscales. [22] - - Puerto Príncipe, transferred in 1797 from Santo Domingo, - reorganized September 26, 1835, to consist of a regent, four - oidores, and a fiscal. This audiencia was suppressed and its - territory added to that of Havana on October 21, 1853. It was - recreated on February 22, 1878, and on May 23, 1879. - - Santiago de Cuba, created September 26, 1835, to consist of - a regent, four oidores, and a fiscal. This audiencia was later - suppressed, and its territory was added to the Audiencia of Havana; - it was again reformed and added to Puerto Príncipe on February - 22, 1878. - - Cebú (Philippines), created February 26, 1886, to consist of a - president, four magistrates, a fiscal, and an assistant fiscal. - - Vigán (Philippines) created on May 19, 1893, to consist of one - chief justice, two associates, a prosecuting attorney, and an - assistant prosecutor. - - -It will be noted that the audiencias of Mexico and Lima contained -the greatest number of magistrates. They were divided into -two salas, a civil and a criminal, with appropriate judges and -fiscales for each. [23] The judges of the criminal branch were -designated as alcaldes and not as oidores. These audiencias were at -first conterminous in territorial jurisdiction with the respective -captaincies-general of those names, but they enjoyed no greater power -or pre-eminence before the Council of the Indies than the audiencias -of the lesser captaincies-general. In the words of the royal decree -of establishment, - - - there are founded twelve royal audiencias and chanceries ... in - order that our vassals may have persons to rule and govern them - in peace and justice, and their districts have been divided - into governments, corregimientos and alcaldes mayores who will - be provided in accordance with our orders and laws and will be - subordinate to our royal audiencias and to our Supreme Council - of the Indies ... and may no change be made without our express - order or that of the Council. [24] - - -Many changes were made in the territorial jurisdiction of the -various audiencias. The audiencias of Lima and Mexico, in addition -to their jurisdiction over their respective viceroyalties, exercised -governmental authority over the adjacent districts when the viceroys -were absent; the Audiencia of Lima over Charcas, Quito and Tierra -Firme (Panamá), and that of Mexico over what was later Guadalajara, -the Philippines, and Yucatán. All of these, except the latter, came -to have audiencias, with the usual powers and authority. [25] - -The first seven audiencias were founded by Charles V. Three were -created by Philip II. The audiencias of Santiago de Chile and Buenos -Ayres were established by Philip III and Philip IV, respectively. The -greater number of these audiencias was created at the time of the most -rapid extension of the tribunals in Spain; their establishment was part -of the same general tendency; they were therefore closely related. When -the audiencias of Santo Domingo and Mexico were formed, there had -been already in existence in Spain the chanceries of Valladolid, and -Granada. Thirteen audiencias were established in Spain after those -of Santo Domingo and New Spain were created in the colonies. The two -Spanish audiencias mentioned above were designated as models for the -tribunals of the Indies, and the principle was laid down that if a -necessary provision was omitted from the laws of establishment of -the colonial audiencias, "all the presidents and audiencias of those -our realms are ordered to preserve the order and practices which are -followed in the chanceries of Granada and Valladolid." [26] - -Territorially, the audiencias of Santo Domingo, Mexico, and Lima were -the nucleii from which and around which most of the other audiencias -were established. Being the first in their respective sections, -they included more territory than they could govern with facility; -thus it later became necessary to divide up their districts. Santo -Domingo held sway at first over Española, Cuba, and Puerto Rico, -with authority also over Venezuela and subsequently over Louisiana -and Florida. [27] New Granada was conceded an audiencia in 1549, -and to this province were added the possessions of Panamá when the -audiencia of that name was suppressed. The Audiencia of Mexico, created -eight years before New Spain was made a viceroyalty, had territorial -jurisdiction at first over a vast empire, which was later divided into -smaller governments with audiencias. Its limits, as defined in the -laws of the Indies, extended on both oceans from the Cape of Florida -to the Cape of Honduras, and included Yucatán, and Tabasco. [28] - -The audiencias of Guadalajara, Santiago de Guatemala, and Manila all -set definite limits to the jurisdiction of the Audiencia of Mexico. The -Audiencia of Lima had authority at first over most of Spanish South -America, but its scope was in the same manner diminished from time -to time by the establishment of the audiencias of Santa Fé, La Plata -(Charcas), Quito, Santiago de Chile, and Buenos Ayres. Before the -Audiencia of Cuzco was instituted in 1787, jurisdiction over that -ancient city and district was divided between the audiencias of Lima -and La Plata; Árica, although it belonged to the district of Lima, -was not governed under that jurisdiction, but was administered by -a corregidor directly responsible to the audiencia at Charcas. [29] -Chile and Panamá were subordinate governmentally to the viceroy of -Perú, but the audiencias were independent. [30] - -Cuba was early divided into two districts under the rule of -captains-general, those of Havana and Santiago de Cuba. [31] By -cédula of February 24, 1784, Havana was made independent of the -Audiencia of Santo Domingo in administrative matters. Aside from the -one at Puerto Príncipe, audiencias were not created in Cuba, however, -until 1835 and 1838, respectively. Prior to this, Cuba was subject to -the Audiencia of Puerto Príncipe, the successor of Santo Domingo, in -judicial matters, as the governments in Cuba were military. However, -military cases were carried before the captains-general of Havana -and of Santiago de Cuba, respectively. [32] - -Although all the audiencias had the same rank before the Council of -the Indies, both as political and judicial tribunals, those of Lima -and Mexico may be said to have been tribunals of the first class, for -reasons which we have noted. Indeed, it must be remembered that it -was the individual captaincy-general that had an audiencia, whether -the captaincy-general happened to be a viceroyalty or not. Judged -by the amount of power they exercised, there were three classes of -audiencias: those of the viceroyalties, of the captaincies-general, and -of the presidencies. On this basis of classification, it may be said -that the first-mentioned were the superior institutions. In matters -of military administration, the captains-general had the same power -as the viceroys, while the audiencias exercised less intervention in -the government than in the presidencies. In the latter, the audiencias -(and presidents) exercised governmental functions as well as judicial, -with appeal to the viceroy. Though they had no military power, -and their scope was strictly limited in financial affairs, these -audiencias actually governed their districts. This the audiencias of -the viceroyalties never did, except when they governed ad interim. - -Before proceeding with a study of the powers and duties of the -colonial audiencias, it would be well to compare them, as to extent -of jurisdiction and authority, with those which were in operation -in Spain. Were they equal? Did the colonial institutions, on account -of their isolation, exercise prerogatives which were unknown to the -tribunals of the Peninsula, or vice versa? These questions were -answered by Juan de Solórzano y Pereyra, a distinguished Spanish -jurist, oidor of the Audiencia of Lima in 1610, and subsequently -councillor of the Indies. [33] Solórzano y Pereyra illustrates -fourteen points of difference wherein the audiencias of the -colonies exceeded those of the Peninsula in power and authority, -in these matters exercising jurisdiction equal to the Council -of Castile. This, he said, was "on account of the great distance -intervening between them and the king or his royal Council of the -Indies, and the dangers which delay may occasion." Therefore, he said, -the audiencias had been permitted many privileges and powers denied -to the audiencias of Spain. The most important of these powers were -as follows: jurisdiction over residencias of corregidores; the right -to send out special investigators (pesquisidores); supervision over -inferior judges--seeing that they properly tried cases under their -authority, care for the education and good treatment of the Indians -in spiritual and temporal matters, and the punishment of officials -who were remiss in that particular; the collection of tithes; the -assumption of the rights and obligations of the royal patronage, -as well as jurisdiction over cases affecting the same, the building -of churches, the installment of curates and holders of benefices, -and the inspection and possible retention of bulls and briefs. - -The colonial audiencias were instructed to guard the royal prerogative, -and were authorized to try all persons accused of usurping the royal -jurisdiction. They were to see that officials, lay and ecclesiastical, -did not charge excessive fees for their services, limiting especially -those exorbitant charges which priests were apt to demand at burials, -funerals, marriages and baptisms. The colonial audiencias were -given supervision over espolios, [34] collecting, administering and -disposing of the properties left by deceased prelates, and paying -claims of heirs and creditors. Another duty was the restraining -of ecclesiastical judges and dignitaries through the recurso de -fuerza. [35] This authority had been permitted to the chanceries of -Valladolid and Granada, only. - -Although viceroys and governors were granted special jurisdiction over -administrative matters, they were authorized to call upon the acuerdos -[36] of the audiencias for counsel and advice whenever an exceptionally -arduous case presented itself. The audiencias were permitted to -entertain appeals against the rulings of viceroys and presidents, but -these appeals could be carried again to the Council of the Indies. In -the same manner that affairs of government belonged to the private -jurisdiction of the executive, so did financial matters, according -to Solórzano y Pereyra. In these, however, the viceroy or governor -was assisted in the solution of perplexing problems by the acuerdo -general de hacienda, a body composed of oidores, oficiales reales [37] -and contadores. On the death, disability, or absence of the viceroy or -governor and captain-general it was ordered that the government should -pass under the charge of the entire audiencia. Lastly, Solórzano y -Pereyra pointed out that while the sole duty of the Spanish oidores -was to try cases, the magistrates of the colonial audiencias were -called upon for a number of miscellaneous functions, such as those of -visitador, or inspector of the provinces, or of other departments of -the government, as asesor of the Santa Cruzada, [38] as inspector of -ships, as auditor de guerra, as asesor of the governor, and as juez -de las executorías, under commission of the Council of the Indies -to collect and remit to the government receiver all money derived -from fines and penalties imposed by official visitors (visitadores), -judges of residencia, etcetera. [39] - -With the exception of the entertainment of the recurso de fuerza, -none of the above-mentioned functions could be exercised by the -audiencias of Spain. Although the colonial audiencias were to a -large extent patterned after those of Spain, they had greater -power and exercised more extensive functions almost from the -beginning. This was chiefly owing to the added responsibilities of -government resulting from the isolation of the colonies and their -distance from the home government. The audiencias in Spain remained -almost purely judicial. There was no need or opportunity for them -to encroach upon the executive, or to usurp its functions, because -of the control exercised by its immediate representatives. In the -colonies the audiencias were themselves established as the agents of -the royal authority, with the special duty of limiting the abuses -of the officials of the crown. In this capacity, aside from their -customary duties, the tribunals exercised far-reaching authority of -a non-judicial character. - -It is desirable to point out in this connection that all the -colonial audiencias utilized the same law in common. Cédulas, -edicts, and decrees were issued to them from a common source, to -be executed under similar circumstances, or on particular occasions -when local conditions demanded such action. The great code of 1680, -the Recopilación de leyes de los Reinos de las Indias, has already -been described as containing laws, both general and particular, -for the regulation of the colonial audiencias. [40] - -In the foregoing paragraphs attention has been directed briefly to -the relations of the audiencias and executives with each other, and -with the central government. Some notice at least should be given -to the means by which the will of the executive and judiciary was -enforced and executed upon and in the local units, the provinces and -towns. We have already seen that the offices of the corregidores, -alcaldes mayores and the alcaldes ordinarios developed in Spain, -the first with jurisdiction over the larger districts, the alcaldes -mayores over the smaller areas and large towns, and the alcaldes -ordinarios in the municipalities. In a general sense, this system -was carried into the colonies; the corregidores and alcaldes mayores -were in charge of the large provinces and districts, the alcaldes -ordinarios were the judges of the Spanish towns. - -Much the same intercourse and relations existed between these officials -in the colonies as had been characteristic of the similar ones of -Spain. But there were some differences: while in Spain the alcaldes -were in most cases city judges, subject to the corregidores, [41] -in the colonies there was little or no difference between alcaldes -mayores and corregidores. They were most frequently appointed by the -executive, sometimes independently, sometimes by the assistance and -advice of the audiencia, as judges and governors of the provinces, -although the laws of the Indies provided for their appointment -by the king. The practice developed of designating them locally, -and of sending their names to Spain for confirmation. Each alcalde -mayor or corregidor resided at the chief town of his province and -combined in himself the functions of judge, inspector of encomiendas, -administrator of hacienda and police, collector of tribute, vicepatron -and captain-general. [42] He was assisted by officials of a minor -category, frequently natives, who exercised jurisdiction over their -fellows. The law also provided for a teniente letrado to assist the -alcalde or corregidor, [43] but in the Philippines there was no such -official, except at irregular intervals in the Visayas. - -These chiefs of provinces were responsible to the audiencias -in matters of justice and to the viceroys or captains-general -in administrative affairs. In Indian relations and in questions -involving encomiendas they were subject to the executive, who had -jurisdiction in first instance, with appeal to the audiencia. The -tribunal could grant encomiendas in default of the regularly appointed -executive. In financial matters the corregidores and alcaldes mayores -were responsible to the executive, but they acted as the agents of -the treasury officials (oficiales reales) in the collection of the -revenue. In their provinces they supervised the building of ships, -the construction of roads and bridges, the repartimientos or polos -[44] of Indians, and the planting of tobacco when the tobacco monopoly -existed in the Philippines. In these matters they were responsible to -the governor, viceroy, or superintendent, and to the various juntas -reales and committees, of which at least one oidor was always a member. - -Tributes from the Indians, tithes from the encomenderos and other -kinds of local taxes were collected by the alcaldes mayores and -corregidores. Acting for the vicepatron, these officials represented -the subdelegated authority of the king over the monasteries and -churches of their provinces. They officiated at the formal bestowal of -benefices, they were expected to maintain harmonious relations with -the priests and friars in their provinces, and to check, by their -personal presence and intervention, if necessary, any tendency on -the part of the churchmen to abuse the Indians or to impose upon them. - -In like manner they were supposed to prevent the ecclesiastical judges -from exceeding their power, and particularly from transgressing -the royal jurisdiction, which frequently occurred in the earlier -years when that authority had not become clearly defined or firmly -established. As the churchmen with whom these officials had to deal -derived their authority from the higher prelates and the provincials of -the orders and often acted by their direction, their opposition to the -local officials of the civil government was frequently so effective -that the latter were obliged to appeal to the audiencia. The latter -tribunal had the power necessary to deal with these cases, and to -restrain the offending churchmen, by bringing pressure to bear upon -their prelates and superiors. - -The provincial governors also had certain military duties. In the -northern provinces of New Spain they had charge of defense, with -responsibility to the viceroy. [45] In the Philippines, however, -and in certain parts of New Spain, where the captain-general took -the place of the viceroy, alcaldes mayores and corregidores acted -as lieutenants of the captains-general, exercising authority of a -military character. [46] They were required to defend their provinces -and districts against invasions, insurrections, Indian outbreaks, -and disturbances. They were authorized to impress men for military -service. Local conditions in Mexico, Perú, Central America, and -the Philippines caused some differentiation in these matters. This -description will serve to convey an impression of the nature of the -duties of these officials and the way in which they acted as the -agents of the captain-general, viceroy, and audiencia. [47] - -It has been already pointed out that the alcaldes mayores and -corregidores had extensive judicial duties; a mere restatement of -that important fact will suffice at this time. In subsequent chapters -we shall study in detail numerous illustrations and instances of the -judicial functions of the provincial judges. It has been noted also -that the alcaldes ordinarios were the judges of the Spanish towns. So -they were in the Philippines, but, as there were only four or five -Spanish towns in the archipelago, the alcaldes ordinarios do not -assume great prominence in this study. These alcaldes were usually -chosen by the ayuntamientos (municipal councils), though they were -appointed on some occasions by the governors. As the Spanish towns -enjoyed special privileges conferred by the king, their judges were -not a part of the regular judicial hierarchy, but were dependent on -their ayuntamientos or the governor. However, an oidor was usually -delegated to inspect the work of the alcalde ordinario. - -With this introductory view of the general field of Spanish colonial -administration, and this presentation of the characters and elements -which are to assume important roles in this discussion because of -their frequent relations with the audiencia, we may enter upon a -more detailed study of a single institution. It has been emphasized -especially that the audiencia in the Philippines was only an integral -part of the governmental machinery used in the colonial empire of -Spain. It is clear, therefore, that we are not studying an isolated -tribunal, for every royal cédula promulgated to the Philippine -audiencia was in some way related to those issued to ten or eleven -other audiencias of equal status or similar character. Although the -Philippines were apart physically, this institution, with its relation -to the provincial and colonial governments on one hand, and the home -government on the other, brought the colony as close as possible to -Spain, and to the other colonies. - -It is certain that the growth of audiencias was a part, not -only of colonial, but of Spanish historical and institutional -development. These institutions served the same purpose in the -colonies that they accomplished in Spain; they were utilized for the -administration of justice, and to check the excesses and abuses of -officials. They were important because they facilitated a greater -degree of centralization. They converged the provincial, colonial, -intercolonial and home governments in the same manner as the audiencias -in Spain brought about unity in provincial and national judicial -administration. - - - - - - - -CHAPTER II - -THE ESTABLISHMENT OF THE AUDIENCIA OF MANILA (1583-1598). - - -The conditions which determined the establishment of an audiencia in -the Philippines differed little, if at all, from those in Spain's -other colonies. All of Spain's dependencies were situated at great -distances from the mother country; the Philippines were farther away -than any. Furthermore, the Philippines were isolated and could not -be successfully maintained, if dependent on, or identified with any -other colony; distance and other factors which we shall note made -undesirable and impracticable a continuance of established relations -with New Spain. If, however, the governor of the Philippines came -to be almost absolute in his authority, his absolutism differed in -degree rather than in kind from that of the governors and viceroys -of other colonies. The contiguity of China and Japan, the constant -danger of military invasion and naval attack by outside enemies and -the dependence of the colony on the commerce of China also made the -case of the Philippines somewhat different from that of the colonies -in America. In general, the situation in the Philippines called for a -distinct audiencia with the same powers and functions as were exercised -by the audiencias of the other colonies. - -A system for the administration of justice in the Philippines had -been definitely established and organized before the audiencia -was inaugurated in 1584. Many prominent features of the judicial -and administrative systems of Spain and America had been already -introduced into the Islands. At the head of both judicial and -administrative affairs was the governor and captain-general, who -was practically absolute, and whose authority was final except -in certain matters of litigation which could be appealed to the -Audiencia of Mexico. Subordinate to him were the alcaldes mayores -and corregidores, whose functions have been already noted. In the -Philippines, as elsewhere, the latter officials acted as magistrates -and governors of provinces, combining judicial and administrative -attributes. Directly subordinate to them were the encomenderos, whose -holdings, including lands and Indians, may be said to have constituted -the unit of the Spanish colonial land system until the close of the -eighteenth century. [48] As in Spain, so in the Spanish towns of the -Philippines, there were alcaldes ordinarios, or municipal judges, -elected by the citizens in some cases, or appointed by the governor -in others. [49] - -But the system as established was defective in many respects. The -governor and captain-general was chief judge, executive, and -commander of the military forces. In him were centralized all the -functions of justice and government, exercised in the provinces -through the alcaldes mayores and corregidores. The latter officials -he appointed ad interim, supervised their administrative duties, -and heard judicial cases appealed from them. He likewise exercised -supervision over the oficiales reales, who were entrusted with the -collection, care and expenditure of the funds of the colony. [50] -During the period before the establishment of the audiencia, the -governor exercised complete control over all branches and departments -of the government,--provincial, municipal, and insular--in matters -of justice, administration, and finance. The centralization of -all this authority in the person of one official made his position -responsible and powerful, but capable of much abuse. And it was the -abuses incidental to the exercise of absolute power by the governor -that led to the establishment of the Audiencia of Manila. - -Probably the most important indirect reason for the establishment -of an audiencia in the Philippines may be noted in the abuses -connected with the administration of the encomiendas. These may -be attributed both to the powerlessness and inefficiency of the -governors, and to their cupidity and deliberate favoritism to the -encomenderos. As a result of the rapid spread of these encomiendas, -[51] settlements, or agricultural estates, for such they were, -and their location in distant and widely separated parts of the -Archipelago, the encomenderos came to have increased responsibilities -and powers. They were far removed from the central authority at -Manila. They were infrequently inspected by the alcaldes mayores -and corregidores in whose districts they were situated. Indeed, -the encomiendas had spread so rapidly in the Philippines that the -governmental machinery provided by Spain was unable to provide for -them. In 1591, for example, there were 267 encomiendas containing -667,612 souls. These were supervised by twelve alcaldes mayores. [52] -One hundred and forty priests were provided to minister to this large -congregation of natives. The Philippine government, with an autocratic -military governor at its head, had been originally designed for one -settlement or province, and not for an extensive military possession, -distributed over a widely separated area, with insufficient means of -communication and transportation. Under the conditions outlined above, -the encomenderos were permitted to forget the benign purposes for -which they had been originally entrusted with the care and protection -of the natives. The Indians on the encomiendas were reduced to the -condition of slaves. They were mistreated, overtaxed, overworked, -cheated, neglected, flogged, and abused. [53] Their protectors had -become their exploiters. The churchmen who were supposed to act as -their guardians and spiritual aids were insufficient in number to -render effective service. Many of the latter served the interests -of the encomenderos, and the latter were decidedly unfavorable to -the introduction of more priests. The local officials of government -and justice were in most cases too far away to care for and protect -the natives, or even to visit the more remote encomiendas in their -districts. Moreover, many of them were themselves encomenderos, -perpetrating abuses on their own tenants, and accordingly little -inclined to sacrifice their own interests for the protection of the -natives on other encomiendas. Finally, the governor, located at the -distant capital, was possibly ignorant of the real state of affairs; -at any rate, he failed to enforce the laws which commanded humane -treatment of the natives, leaving to the encomenderos, the alcaldes -mayores, and corregidores the administration of the provinces and -the supervision of the encomiendas. [54] - -Efforts had been made for the correction of these abuses and to -bring about a more effective control of the encomiendas by the -governor. Early in the history of the Islands the king had empowered -governors and viceroys to grant encomiendas for life, with thirty -years' remission of tribute, to those who had participated in the -conquest. Legaspi and Lavezares, the first two governors of the -Philippines, had given encomiendas without limit to favorites, -relatives, and friends; consequently, when Sande became governor, -he was obliged to direct much of his attention to the eradication of -the resultant evils, and he attempted to establish the encomiendas on -a profitable and honest basis. He dispossessed many of the holders -of these large tracts, and reserved them for the crown, as royal -encomiendas, thus creating a revenue for the newly established and -financially embarrassed government. [55] Sande made royal many of the -hitherto unprofitable encomiendas which had been in private hands. [56] -On account of these acts Sande became very unpopular in Manila, and -so unpleasant were his relations with the residents that, having -no protection or recourse, he was obliged to give up his command, -practically driven from the Islands by his enemies. - -The only person in the Philippines who exercised any sort of check -on the governor was the bishop, with whom he was ordered to consult -frequently. These consultations were often productive of bitter -quarrels. The first prelate of the Philippines, Bishop Salazar, -arrived in 1581, and throughout his ecclesiastical administration -exercised influence of a far-reaching character. It was he who first -showed the need of a royal audiencia to check the encroachments of -the governor on the prerogatives of the church, for the protection of -the natives, and for the safeguarding of the royal interests. Bishop -Salazar was a determined opponent of Governor Sande, whom he accused -of excessive indulgence in trade and the extortion of large sums -from the encomenderos. On June 20, 1582, he wrote to the Council: -"if I were as rich as Governor Sande, I would engage to pay any sum of -money." He also testified that "the government here is a place for the -enrichment of governors; they carry away as much as 400,000 ducats, -knowing that they will have to pay a share of it at the residencia, -but they steal enough to do that also." [57] - -The government of the Philippines, prior to the establishment of the -Audiencia of Manila, during the period 1565-1584, was subordinate -to the viceroy and to the audiencia in Mexico. The time required -for the transmission of documents and correspondence, the fewness of -ships available for the voyage between the Philippines and New Spain, -and the unsatisfactory means of communication resulting therefrom, -seriously inconvenienced the residents of the colony. In matters -of government and justice appeals had to be taken to Mexico. This -proceeding involved great loss of time and expense, and was especially -inimical to the administration of justice. The assignment and -regulation of encomiendas, the supervision of financial affairs, -the control of the Chinese trade, the dispatch of the galleons to -New Spain, and the assignment of cargo-space on these ships, were -all matters which, at that great distance, and at that time, called -for divided control. The execution of all these duties was too great -a charge for the human frailties of one man; the governor could do -it neither honestly nor well. The necessity was apparent of having a -central government in Manila which would be self-sufficient in itself; -that is, independent of New Spain, and at the same time capable of -repairing its own defects. - -The relations which existed between the Manila government and -the authorities of New Spain are illustrated by a letter which -Governor Gonzalo Ronquillo de Peñalosa wrote a month later than -the correspondence above alluded to. In this letter he announced -the arrival of a ship from Mexico, which, he said, bore nothing -but charges against him. These complaints, he alleged, had been -formulated by agents of Dr. Francisco de Sande, his predecessor, -whose residencia he had conducted and whom he had deprived of his -office as governor. Ronquillo wrote that - - - nevertheless, Sande has been received in that royal audiencia of - Mexico as oidor, as a result of which all those who love justice - may well despair. They meddle with my government from Mexico, - giving orders to my corregidores without consulting me, and - addressing private individuals in regard to the supplies, directing - them to keep watch over this or that matter; they impose grave - penalties upon me, and no matter how small the affair may be, they - refuse to listen to me or to hear my side of the question. [58] - - -He concluded by pointing out the inconsistency of his position, -subject as he was to Sande, the man whom he had displaced because -of the former's unfitness to occupy the post of governor. Although -Governor Ronquillo de Peñalosa did not ask for an audiencia on this -occasion, he did petition for an educated assistant to aid him in the -administration of justice. "The trouble here," he wrote to the king, -in the letter above quoted, "is that the people are of such a nature -that, at the same time when justice is done to one, an enemy is made -of another person." The rule of Ronquillo de Peñalosa as governor was -distinctly typical of the possibilities of an absolute executive, far -removed from the restraining influence of the courts, with scarcely -any limitation upon his operations. Appointed as he had been for -life, with proprietary attributes, and with the power of naming his -successor, Ronquillo de Peñalosa was the first governor sent out from -Spain in pursuance of the policy of entrusting frontier commands to -military men who were fitted by profession and experience to deal with -situations which demanded the qualities of the soldier, rather than -those of the administrator and politician. An attempt thus seems to -have been made to remedy the ills which had been characteristic of the -administration of Lavezares and Sande by entrusting the governor with -more centralized power--an attempt to correct the evils of absolutism -with the mailed fist and more absolutism, backed by military power. - -The bishop, who at this time kept the court well informed of the -weaknesses of the government, as they appeared to him, sent many -complaints against Ronquillo de Peñalosa, as other churchmen had -done against former governors. Not only did the bishop himself write -repeatedly, but he influenced the municipal and ecclesiastical chapters -of Manila to send protests against the governor's misrule. It was -largely owing to Salazar's influence that Captain Gabriel de Rivera -(or Ribera) was sent to Spain with a petition signed by most of the -influential men of the colony, asking for various reforms. Among these -the establishment of a royal audiencia was especially requested. [59] - -On the occasion of Ronquillo's death in 1583, the bishop called -attention to the straits into which the colony had fallen as a -result of the tyrannical methods of the deceased governor. [60] He -described Ronquillo's efforts to prevent residents from appealing to -the audiencia and viceroy of New Spain. He stated that the Indians -had been unjustly treated by the encomenderos and alcaldes mayores, -for when appeals had been made to the governor, the latter, on a -plea of being too busy to occupy himself with such minute details, -had ordered the alcaldes mayores to settle the questions at issue -without disturbing him. Ronquillo was said to have engaged extensively -in commerce, monopolizing the ships to the exclusion of the merchants, -and forcing large loans from the officials and residents, who did not -dare to refuse him, lest all their privileges be taken from them. He -had established private encomiendas in nearly every town in Luzon, -appropriating the income therefrom, instead of turning the proceeds -into the royal treasury. [61] This the prelate conceded to be in -accordance with the conditions of the governor's appointment, but -it was nevertheless unjust, as the privilege of holding encomiendas -was denied to other officials, and the treasury of the colony was in -need of the revenue which had been daily enriching the governor. The -bishop accused the governor of seizing Indians, placing them en -encomienda wherever and whenever he found them, irrespective of -whether they were already free, or whether they belonged on other -encomiendas. These acts, he said, had caused the Indians to be -dissatisfied and rebellious, and he evidently was of the opinion that -a revolt was impending when he penned this memorial. "Many times I -have prayed," he wrote, "that God should close the natives' eyes -in order that they may not see the weakness and the little power -with which we might resist them in case they should arise to put -down these evils." The bishop closed this memorial with a vigorous -protest against the continuance of the hereditary principle in the -succession of governors in the Philippines. He made the general -recommendation that in the future governors should be appointed by -the king, with a view to securing men of administrative and executive -ability. He brought forth strenuous objections to the accession of -the ex-governor's nephew. Diego Ronquillo de Peñalosa, who was not -fitted to occupy the post of governor. If the latter assumed the -government, the bishop could see nothing in store for the colony but -a continuation of the evil days which had been extant throughout the -administration of the elder Ronquillo, "who had spent all his time -in gathering wealth for himself by means of trade, shutting his eyes -and ears to those who asked justice of him." Salazar expressed the -opinion that "had Gonzalo Ronquillo de Peñalosa spent as much of his -time in making conquests and discoveries as he had in making packages -[of merchandise], the prosperity of the Islands and the general -welfare would have been his chief aim." [62] - -Although the decree establishing an audiencia in the Philippines -was promulgated before the above memorial reached court, there is no -question but that the influence of Bishop Salazar did much towards -bringing about the creation of a tribunal in the Islands. Indeed, -Salazar has been given all the credit for this by more than one -authority. [63] While the bishop did exert an important influence -in bringing about this change, the support which he received -from residents of the colony was also of immense advantage. Many -individuals, aggrieved by the abuses of the executive, wrote -vigorous complaints against "the tyranny of an absolute governor, -who alone and unchecked, reserves to himself excessive power." Their -letters emphasize the injustice of having appeals carried to Mexico, -"where the people of Manila never get their deserts, and where they -suffer on account of the distance." Various encomenderos had been -wronged by the acts of the governor in dividing their encomiendas, and -reducing the number of Indians thereon; they had appealed to Mexico, -and after waiting over two years, had despaired of ever getting any -return for the money and the time which they had spent in litigation -at the distant capital. As a possible means of relief they requested -the establishment of a royal audiencia at Manila. [64] - -Another person who exerted considerable influence toward the -establishment of an audiencia in the Philippines was Captain -Gabriel de Rivera, who went to Madrid for that purpose. He was -the first procurador general de las islas del poniente, and it was -his duty to represent at court the needs of the colony, and of its -inhabitants. [65] Rivera acted as the personal agent of Salazar in his -advocacy of the establishment of an audiencia, and it was largely due -to his efforts that the institution was established when it was. In -his memorial of February 16, 1582, Rivera criticized the existing -administration in the Philippines, the proprietary governorship, and -the control over commerce which the governor had exercised. The latter -had levied the almojarifazgo and other customs duties in defiance of -the royal cédulas forbidding them, and without consulting the wishes -of the merchants or officials. Rivera alleged that the almojarifazgo -and the alcabala were ruining the commerce of the Islands. [66] -His memorial treated extensively of the abuses which had occurred in -the administration of the encomiendas, and he pointed out numerous -defects in the judicial system of the colonies. - -He suggested the establishment of a royal audiencia to consist -of three judges, having criminal and civil jurisdiction, without -appeal to any other tribunal than the Council of the Indies. The -audiencia as outlined by him was to have administrative powers as -well as judicial; it was to govern as a commission, with a governor -at its head, chosen for a term of six years. [67] This scheme, he -said, if put into operation, would result in no increased expense -to the crown or colony. He proposed the abolition of the three -oficiales reales, suggesting the substitution of three oidores in -their places, thus extending the jurisdiction of the audiencia to -matters of finance. The new tribunal should likewise take cognizance -of the assignment of encomiendas, and see that in all cases the royal -will was obeyed. The audiencia should exercise supervision over the -alcaldes mayores in their relation to the encomiendas, with a view to -remedying the existing abuses and seeing that justice was done to the -Indians. The audiencia should hear cases appealed from the alcaldes -mayores and corregidores instead of allowing these suits to be heard -by the governor or sent to Mexico. Rivera also urged that there should -be a special defender of the Indians as a part of the audiencia. [68] - -Enough has been noted of the evils of the government as it existed -before the establishment of the audiencia to understand the reasons -for the creation of the tribunal. The whole matter summarizes itself -in the excesses of the governor, and the necessity of protecting -all classes of society from his absolutism. These abuses called for -the establishment of a tribunal nearer than New Spain, which would, -in a safe and expeditious manner, impose the necessary limitations -upon the governor, insure an equitable collection and an economical -expenditure of the public revenue, and bring about particularly -the elimination of official corruption. It was desirable to protect -the merchant in his legitimate business, to insure stability in the -relations of church and state, and to obviate the existing evils in -the administration of the provincial governments. The latter meant -the assignment of encomiendas in accordance with the law to deserving -individuals instead of to friends and relatives of the governors, or -to other prominent officials of the colony. It also meant that the -natives on these encomiendas should be protected from the rapacity -of the encomenderos. It was realized that an effort should be made -to insure the imparting of religious instruction to the natives -in partial return for tribute paid by them. Finally, it meant the -establishment of a tribunal which would have power to enforce the -law prescribing that the alcaldes mayores and corregidores should -exercise faithful supervision over these matters which were within -their jurisdiction. A tribunal was needed, not merely to hear such -appeals as might come to it by process of law, but with authority to -intervene actively in affairs of government, checking the abuses of -the governor and protecting the community from his absolutism. - -The proposition to establish an independent audiencia in Manila -was opposed by the viceroy and audiencia of New Spain. The latter -tribunal wrote a letter of protest to the Council of the Indies, -demanding that in matters of government and justice the colony of -the Philippines should continue to bear the same relations to the -viceroyalty of New Spain as did Guadalajara. [69] Rivera answered -these objections in a special memorial, stating that the isolation -of the Philippines alone justified the establishment of an audiencia -and an independent government. He also pointed out that the nearness -of Japan and China and the necessity of dealing with them required the -presence of a sovereign tribunal in Manila. He asserted that the colony -could deal directly with the Council of the Indies more profitably -than through the Audiencia of Mexico. The latter mode of procedure -was indirect and cumbersome and it exposed litigants to the meddling -of the oidores of Mexico in matters which they did not understand. [70] - -Finally, the Audiencia of Manila was established by decree of Philip -II on May 5, 1583, in the following terms: - - - Whereas in the interests of good government and the administration - of our justice, we have accorded the establishment in the city of - Manila in the Island of Luzon of one of our royal audiencias and - chanceries, in which there shall be a president, three oidores, - a fiscal, and the necessary officials; and whereas we have - granted that this audiencia should have the same authority and - preeminence as each one of our royal audiencias which sit in the - town of Valladolid and the city of Granada of these our realms, - and the other audiencias of our Indies: now therefore we order - to be made and sent to the said Island our royal seal, with which - are to be stamped our decisions which are made and issued by the - said president and oidores in the said audiencia. [71] - - -The jurisdiction of the tribunal, it is to be noted, extended -throughout the Island of Luzon and the rest of the islands of the -Archipelago, as well as over "the mainland of China, whether discovered -or yet to be discovered." - -The decree which provided for the foundation of the Audiencia of -Manila consisted of three hundred and thirteen sections. Although -the audiencia was subsequently abolished for a few years, it was -re-established in 1598 and these articles were again utilized. It -is therefore worth while to notice the most important provisions -of the law of establishment, which was to serve as a foundation -for the audiencia during a period of approximately three hundred -years. The first thirty-eight sections were devoted to the creation -of the tribunal, to a definition of its jurisdiction over civil -and criminal cases, and to a determination of the proper method of -procedure in them. The audiencia was to have authority to try cases -of appeal from gobernadores, alcaldes mayores, and other magistrates -of the provinces; it also had jurisdiction over civil cases appealed -from the alcaldes ordinarios of the city and original jurisdiction -over all criminal cases arising within five leagues of the city -of Manila. Appeals were to be tried by revista (review) before the -tribunal. Cases of first instance (vista) were not to be tried in -the tribunal, excepting those to which the government was a party, -or the above-mentioned criminal cases. The judgment of the audiencia -was usually to be final in ordinary suits, and always in criminal -cases. Those involving the government, and civil suits exceeding a -certain value were appealable to the Council of the Indies. Notice of -appeal to the latter tribunal had to be served within one year after -the objectionable decision was rendered, and the party appealing -the case was obliged to post financial bonds covering the expenses -of suit in case the final judgment were not favorable to him. The -decision of the audiencia was to be executed in all cases, even -though an appeal to the Council of the Indies had been made. The -procedure followed in the chanceries of Valladolid and Granada was to -be enforced in the Audiencia of Manila except when the contrary was -especially ordered. Investigations might be made by one judge, but -the concurrence of two was necessary for all decisions involving the -reversal of a former judgment, or in cases wherein a certain amount -was at stake. In the latter case, an assistant judge might be chosen -from outside the audiencia to assist the regular magistrate. - -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. - -The president was empowered to delegate the oidores, in turn, to make -tours of inspection in the provinces. The magistrates, as visitors, -were to inquire into the character of service rendered by the alcaldes -mayores in the administration of government and justice. They were to -note the state of the towns and their needs, the means taken for the -construction and preservation of public buildings, and the condition -of the Indians on the encomiendas. They were to see whether they were -faithfully and efficiently instructed in religion, or whether they -were permitted to live in ignorance and idolatry. Reports were to -be made by the visitors on the state of the soil, the condition of -the crops and harvests, extent of mineral wealth and timber in the -provinces under investigation, weights and measures, and in fact, -everything that had to do with the general welfare. On these trips -the oidores were authorized to take such action as they felt to be -necessary. Two oidores were also required to make weekly inspections -of the prisons of the colony. - -The decree of establishment also directed that certain phases -of ecclesiastical affairs should claim the attention of the -audiencia. The chief duty of the tribunal in that regard was to keep -the ecclesiastical judges from exceeding their authority, and the -practices of the audiencias of Spain were especially prescribed as -a precedent for the local tribunal. The audiencia was charged with -supervision over the assignment of benefices, and especially with the -settlement of the property and estates of bishops and archbishops who -died in the Islands. The audiencia was ordered to permit nothing to -be done which would be in prejudice of the rights and prerogatives of -the church. The tribunal was instructed to assist the prelates on all -occasions when they petitioned for royal aid. It was also to see that -properly accredited bulls were read and applied in the Spanish towns, -but not in the native villages. - -As noted above, suits involving the royal treasury and the collection -of money for the government were to be reviewed and decided before any -other that might come up in the royal audiencia. It was the duty of the -fiscal to prosecute these cases in the interest of the government. At -the beginning of each year the president and two magistrates were to -audit the reports of the oficiales reales, and if these reports were -not duly and properly rendered, the salaries of these officials were -to be withheld. After auditing the accounts the committee was to count -the money in the royal treasury. The oidores who did this extra work -were to receive an allowance of twenty-five thousand maravedís (about -56 pesos) in addition to their regular salaries. The authorization of -the audiencia was necessary for the payment of extraordinary expenses -not appearing in the regular budget and these disbursements were -made subject to the later approval of the Council of the Indies. The -audiencia was held responsible in these matters by the Council. Full -reports of expenditures made on the responsibility of the audiencia -were to be made to the Council, and the oidores were held accountable -in their residencias for their votes cast in the junta or acuerdo de -hacienda, as the committee was called. - -The audiencia was given supervision over the administration of -the estates of deceased persons; it was to examine the accounts of -executors and see that the wills of the deceased were faithfully -executed and that all was done in accordance with the law. For this -purpose an oidor was delegated each year with authority to dispose -of these cases in the name of the audiencia. In a subsequent chapter -the duties and activities of this administrador or juez de bienes de -difuntos will be enlarged upon. - -Considerable space in this decree was devoted to prescribing the -rules for the trial of cases involving Indians, with a view to -securing justice both in their administration by the encomenderos -and in the supervision which the alcaldes mayores exercised over the -encomenderos. The provision was made that "our said president and -oidores shall always take great care to be informed of the crimes -and abuses which are committed against the Indians under our royal -crown, or against those granted in encomiendas to other persons by -the governors." The audiencia was directed to exercise care that -"the said Indians shall be better treated and instructed in our Holy -Catholic Faith, as our free vassals." - -The audiencia was required to exercise care that suits involving -Indians were neither lengthy nor involved, that decisions were -reached promptly and without unnecessary litigation, and that the -rites, customs, and practices to which the Indians had always been -accustomed should be continued in so far as was practicable. The -audiencia and the bishop were to see that there was a person appointed -in each village to give instruction in religion. Alcaldes mayores were -ordered not to dispossess native chiefs of their rule or authority; -they were, on the contrary, to appeal cases involving them without -delay to the audiencia, or to the visiting oidor. The audiencia was -to devote two days a week to hearing suits to which Indians were -parties. Encomenderos were to be protected by the audiencia in the -possession of their encomiendas. - -A proportionate amount of attention in this cédula is devoted to -outlining the duties of the fiscal, who, from many points of view, was -the most important official directly connected with the tribunal. It -was his function to appear as prosecutor for the government in all -cases tried before the audiencia, and he was forbidden to serve as the -advocate of any private person during his term of office. He should -devote his attention especially to matters involving the exchequer. He -was to prosecute all cases of appeal from the alcaldes mayores and -corregidores on behalf of the government, and "he was to take care -to assist and favor poor Indians in the suits that they have, and to -see that they are not oppressed, maltreated, or wronged." The fiscal, -ordinarily, was not to prosecute unless it were on the complaint of -some person, but in cases of notorious injustice, or when judicial -inquiry was being made, he could take the initiative on his own -account. It was his duty to perform any and all legal acts which were -consistent with his position, and which were designed to bring about -justice or to secure the royal interests. - -The remaining sections of this decree, and, in fact, the greater part -of it, are devoted to establishing the duties of the fiscal and the -minor officials of the audiencia, to fixing a tariff of fees to be -charged for notarial and other legal work and to the determination -of other matters which are of no great consequence to the purposes -of this chapter. - -Among the minor officials attached to the audiencia were the alguacil -mayor and his two deputies. These were to act as the executive officers -of the court and were empowered to make arrests, serve papers and -execute similar functions. Their duties, as a whole, were much like -those of the English or American constable or sheriff. They might -arrest, on their own initiative, persons whom they caught in crime, as, -for example, those playing forbidden games of chance, or indulging in -immoral practices, typical particularly of the Chinese. The alguacil -was responsible for the maintenance of the prison of the audiencia; -for this purpose he could appoint a certain number of jail-wardens. - -There were also clerks of court and notaries, chosen by royal -appointment. Their duties were those customarily required of such -officials, not differing from those of today. The audiencia likewise -had official reporters, similar to the court reporters of the present -day. Advocates and attorneys practicing before the audiencia had -to fulfill certain prescribed requirements in regard to learning, -training, and general ability. Receivers, bailiffs, jail-wardens and -interpreters each received their due amount of space and attention -in this cédula. The interpreters were to assist the Indians who -were defending themselves in a Spanish-speaking court. Among their -duties was the translation of the testimony of witnesses, of the -questions of attorneys and the rulings of the courts into the native -dialects, or into the Spanish language, as the circumstances might -require. These interpreters were also required to assist the natives -in the formulation of legal documents. All these minor officials were -to be regulated in the collection of fees by a legal tariff. Finally, -the audiencia was provided with an archive within which were to be -deposited and kept the great seal of the government, and all official -papers, including records of cases and official acts. - -The new audiencia having been provided for, Santiago de Vera, the -recently appointed governor and captain-general of the Islands and -president of the new tribunal, arrived at Manila on May 28, 1584. In -accordance with the new law, it was his duty to govern the Philippines -in the capacity of executive and military commander, and at the same -time preside over the audiencia in its respective judicial, advisory, -and administrative capacities. The first session of the audiencia was -held on June 15, 1584. [72] The new tribunal was officially brought -into being with much pomp and ceremony, including a procession of -the president and magistrates in their robes of office, and the -celebration of divine service in the cathedral by the bishop. The -president and each of the oidores subsequently made lengthy reports -to the Council of the Indies on the inauguration of the tribunal. - -The most direct and striking consequence of the establishment of -the audiencia in Manila was the discord which it engendered between -the various officials and functionaries of the government. Whereas, -before the inauguration of the tribunal, the chief ill of the colony -had been the unrivaled absolutism and the high-handed proceedings -of the governor, now, with the division of power newly effected, -the creation of new departments, and the checking of one official -against another, strife and contention took the place of despotism. - -There were but few misunderstandings between the oidores over their -judicial duties. The functions of the audiencia, as a court, were -clearly defined and distinctly understood. Although appeals were -made from the audiencia to the Council of the Indies, as appeals -are always made from a minor court to a superior tribunal, there -was little dissatisfaction with the body in the exercise of its -purely legal functions. Its value in protecting the natives on -the encomiendas from the tyranny of their masters, the facility -rendered to the administration of justice by making appeal to New -Spain unnecessary, and the advantage of having immediately at hand -a tribunal with plenary powers were readily recognized. - -The chief objection to the tribunal developed as a result -of the audiencia's interference in matters of government and -administration. Disputes arose between the governor and the oidores, -and among the oidores themselves. The lack of experience in the -local field of the president and magistrates may have been one of -the causes of the unsatisfactory conditions immediately following -the establishment of the audiencia. Another and possibly a more -important reason lay in the nature and wording of the articles of -establishment. A certain amount of confusion existed in the minds -of all as to the extent of power which the audiencia should have in -governmental and ecclesiastical affairs. No definite distinction had -been drawn between the powers of the president and those of the oidores -in matters of government, and the former at once accused the latter -of infringing upon the jurisdiction of the executive. The oidores, -on the other hand, claimed that their advice should be taken in all -matters of appointment, defense, patronage--both ecclesiastical -and secular--finance, commerce and interior administration. They -began to intervene actively in those matters, to the displeasure -of the governor and treasury officials. All the oidores as well -as the fiscal, wrote lengthy memorials and reports to the king, -offering advice on this affair or that, and criticising the governor, -the bishop, and the oficiales reales for acts done within their own -spheres of authority. In sending these reports and in making these -suggestions, the magistrates did not question their own authority and -they resented exceedingly the objections and charges of interference -by those concerned. - -An illustration may be noted in the letter written on July 3, 1584, -by Oidor Melchoir Dávalos to the king. After several clear intimations -that he would like to be governor in case a vacancy should arise -and after modestly setting forth his own qualifications and virtues, -Dávalos wrote a faithful and vivid account of the expeditions which -had been made recently against the Mohammedan Sulus. He petitioned -for a suspension of the law forbidding slavery in order that Spaniards -might avail themselves of captive Moros as slaves. [73] He made several -recommendations in regard to the Chinese, stating particularly that he -was devoting himself to a study of the kind of government best fitted -for the Chinese in Manila. He complained that the Chinese merchants -were draining the Islands of silver, bringing as many as thirty-four -shiploads of Chinese cargo a year. Since nothing of commercial value -was produced in the Philippines, they could take away nothing else -than silver. This incessant drain on the coin imported from Acapulco -was resulting in the impoverishment of the colony and constituted a -source of danger to New Spain as well. The exportation of money was -contrary to royal orders and distinctly prejudicial to the economic -interests of the realm. Dávalos recommended immediate action in the -matter. He then discussed military affairs, alleging that the pay of -the soldiers was insufficient, and their condition miserable. The first -and third of the matters touched upon by the oidor in his memorial, -namely, the war in Mindanao and the condition of the soldiers, belonged -to the private jurisdiction of the governor and captain-general, -[74] the control of the Chinese coming later under the jurisdiction -of the governor, as captain-general, with special inhibition of the -interference of the audiencia. [75] - -This letter furnishes a good illustration of the interference of an -oidor in matters of government. The desire to interfere does not -seem to have been confined to one individual, but was apparently -characteristic of all the magistrates of the audiencia. [76] - -The extensive field over which the oidores claimed cognizance is -shown by a series of memorials which were sent by the audiencia as -a body to the court under the date of June 26, 1586. [77] They are -noted here because they illustrate the diversity of the interests of -the oidores, and because their devotion to these various matters was -characterized as unjustified meddling by the governor and the other -opponents of the audiencia. The concern which the oidores manifested -in the miscellaneous affairs of government constituted, no doubt, -an indirect reason for the temporary removal of the tribunal in 1589. - -These memorials suggested reform in many departments of government. The -inadequate state of defense and the demoralized condition into which -the garrison had fallen was the subject of one letter. Attention was -called to the necessity of obtaining more funds for the fortifications -of the Islands. Reference was made to the continual danger of Japanese -invasion. Another letter dealt with financial affairs. The public -exchequer was reported to be in bad condition, as there was not -enough money in the treasury to pay the expenses of government. The -oidores recommended that their own salaries should be paid out of the -treasury of Mexico. They suggested an increase of tribute as a means -of securing more money. This, they alleged, could be done in justice, -since the amount of tribute paid by the natives of the Philippines -did not equal that levied upon the Indians of New Spain. [78] The -oidores reported an increase of 5000 pesos in the revenues of the -colony as profits from the sale of certain offices which had formerly -been bestowed gratis by the governor upon his friends, the righting -of this wrong being effected through the influence of the fiscal and -oidores who officiated as members of the junta de hacienda. - -While ostensibly seeking means for the enlargement of the income of -the Islands, as noted, the oidores protested against a recent royal -order which had required that the proceeds returned from vacant -encomiendas should be placed in the public treasury. They objected -that this would take away all hope of reward from soldiers and subjects -"who have served your Majesty, reducing them to poverty, with no means -of support after a long career of service." [79] In other words, the -audiencia is here seen registering its objections to the conversion -of private into royal encomiendas, notwithstanding the fact that this -would mean greater revenue for the government. The inconsistency of -this attitude was pointed out by Magistrate Dávalos in his letter of -June 20, 1585. [80] - -Another petition which may reflect some discredit upon the audiencia -was one which asked for the abolition of the one and one-half per -cent tax on imported money, and for the elimination of the three per -cent almojarifazgo. Both of these taxes bore heavily on the Chinese -and on the Spanish merchants of Manila. "These two taxes," wrote -the oidores, "are drawing the life-blood from the Chinese, who would -otherwise bring products of great value to our shores." The oidores -had commenced this memorial by showing the financial needs of the -colony. They had requested assistance from the treasury of Mexico, -yet, in the same communication, they proposed to abolish three of -the most profitable sources of colonial revenue that existed. These -recommendations not only illustrate the wide sphere of influence of -the magistrates, but they also seem to confirm the allegations which -were often brought against them, charges, indeed, which they proffered -against one another--that each was more interested in trade than in the -welfare of the government. Notwithstanding the fact that the economic -life of the colony depended on the Chinese trade, the evidence seems -to indicate that, even this early in the history of the tribunal, its -magistrates had personal interests to serve. In the letter referred -to above, Dávalos, who seems to have been a dissenting party to all -these proceedings, charged his contemporaries with being guilty of -undue mercantile activity. - -In this same memorial the oidores warned the Council against the -Portuguese influence in China, deploring the existence of Macao as -a rival to Manila as a trade emporium in the Orient. The audiencia -warned the court against the influence and operations of Pedro -Unamanú, the successor to Captain Gali, who had gone to China and -Macao, supposedly to take on a cargo of Chinese silks. This was -in defiance of the law which forbade Spaniards to trade in China, -and it was also contrary to the instructions of the viceroy and -audiencia of New Spain. In this connection the oidores stated that -they had recommended to Governor Santiago de Vera that Unamanú should -be arrested and punished for diverting his voyage in the interests -of private trade. In accordance with the advice of the tribunal -the governor had sent orders to Macao, summoning the leader of this -expedition back to Manila; these instructions, however, the governor -of Macao was unable to fulfill. [81] - -This memorial shows that the oidores considered it to be their -duty to inform the court fully as to the part which the audiencia -played in this affair. The matter at hand constituted a question -of disobedience of the law, and the Audiencia of Manila had done -what it could to enforce it. The tribunal had assumed a role quite -as important as that of the governor. The episode shows also that -the audiencia was consulted by the governor in this matter, which -was purely governmental. It would not be unfair to suggest that a -potential factor in stimulating the oidores and merchants of Manila -to prevent the voyage of Pedro Unamanú or the Portuguese to China for -trading purposes must have been the desire to safeguard the Spanish -interests in the Chinese trade, and particularly those of Manila, -which were the sole reliance of the colony. It was essential that -this commerce should be prevented from falling into the hands of -other individuals or nations. - -This memorial also dealt with ecclesiastical affairs. In it was -set forth the audiencia's arguments in certain contentions which -the tribunal had had with the bishop, illustrating the fact that -the audiencia was opposed not only by the governor but also by the -ecclesiastical authorities. It appears that the king had formerly -granted to the church courts a large share of temporal jurisdiction -in the Islands. This former concession now stood in the way of the -royal prerogative and caused endless conflicts between the civil and -ecclesiastical judges. The audiencia took the ground that by virtue of -its own establishment the authority of the church courts over civil -matters was at an end. This the prelate declined to admit. Attention -was also directed by the audiencia to the opposition which Bishop -Salazar had manifested toward the claims advanced by the civil -government for extending its jurisdiction over all the non-Christian -tribes, the bishop alleging that Pope Alexander VI had ceded authority -only over such Indians as had been christianized. [82] - -In truth, the bishop had found after two years of conflict that the -presence of the audiencia had not entirely solved the problems of -administration, but, on the contrary, had increased the complexity -of many of them. He had differed seriously with the oidores on -several occasions. The ministers had opposed him not only in the -larger questions of government and ecclesiastical administration, -but in matters of ceremony as well. This was more than the prelate -could endure. He appealed some of these disputes to the governor -and that official, after having neglected these matters for a long -period, finally referred them to the audiencia, which promptly made -the settlements in its own favor. [83] - -Salazar's influence went far toward bringing about the removal of the -tribunal, as it had helped in causing its establishment in 1584. The -complaints of the bishop against the audiencia brought forth a royal -reprimand for carrying on continual disputes with the audiencia. The -prelate defended himself against these charges in a memorial dated June -24, 1590. [84] He stated that these petty matters of form and ceremony -were of no great consequence. He accused the governor of seeking to -stir up discord between him and the audiencia. As a matter of fact, -he said, the relations between him and the audiencia were far more -harmonious than they had been between the tribunal and the governor, -and on many occasions he had been called in to settle disputes between -the functionaries of the civil government. "It is well known," he -wrote, "within the city and outside of it, that had I not entered -as mediator between the president and oidores there would have been -no peace. It would not have been possible for me to mediate if there -had not been friendly relations between them and me." [85] - -The unpopularity of the audiencia from 1584 to 1586 is proved by -the fact that practically all the authorities in Manila--mercantile, -ecclesiastical, political, and even the magistrates themselves--united -in recommending its recall. On June 26, 1586, a series of petitions -was directed to the Council from various personages and organizations -of the city asking that the audiencia be removed. These included -the municipal cabildo, the bishop, the governor, certain military -officials, and, lastly, several oidores (all, in fact, excepting -Dávalos). These greatly regretted the mistake which had been made -in the establishment of the audiencia, conceded that it had been -a failure, and represented that the financial burden which its -presence had imposed had been too great for the colony to bear. [86] -It is certain that the continual conflicts which had resulted from -the presence of the audiencia had not produced a salutary effect on -the government. - -The audiencia itself wrote to the Council at the same time: "There -has been in this tribunal, between the oidores and the president, -continual misunderstandings as to jurisdiction, which we have decided -to submit to your Majesty to ascertain whether precedence in these -matters belongs to the president or to the oidores." The Manila cabildo -recommended the re-establishment of the governorship with centralized -authority: the power to grant titles, offices and encomiendas, with -exclusive authority over the latter. This would include the power of -appointing encomenderos in the name of the king. The recommendation -was made by the cabildo that consultative authority in matters of -government should be conferred on the ecclesiastical and military -officials. It was also suggested that a defender of the Indians should -be appointed other than the fiscal, for the latter, by nature of -his office, was their prosecutor rather than their defender. It was -the current opinion, this memorial went on to state, that the local -prelate should be restored to his former place as defender of the -Indians, and that he should have authority to dispossess encomenderos, -if necessity for such action arose. - -It has already been stated that Oidor Dávalos was the only official -of importance who would not join in these representations. He believed -that the audiencia was necessary to the prosperity of the colony, and -that, if properly controlled, it would prove beneficial. He believed, -moreover, that the governor was the chief element of discord in the -colony, and that his influence had rendered inefficacious the efforts -of the audiencia to keep peace and to enforce the laws. In a letter -to the king, [87] just a year before the memorial described above, -Dávalos had represented Governor Santiago de Vera as a schemer, -aiming to get absolute control of the government. De Vera, he said, -had gone so far as to influence the bishop and clergy to recommend, -against their better judgment, the abolition of the audiencia. The -governor realized that the tribunal was the one obstacle in the way of -the fulfillment of his designs and had used every possible means to -discredit and humiliate the audiencia and its magistrates. Dávalos -asserted that the appeal of cases to Mexico would inflict great -inconvenience on the people of Manila. He renewed the argument that -Spain should have some sovereign body at that great distance from -the mother country. He enlarged on the future possibilities of the -conquest and rule of the entire Orient by Spain, pointing out the -value of the Philippines as a base of operations. It was, therefore, -of the greatest importance that the Islands should be provided with -the proper sort of government. - -Dávalos was especially bitter in his denunciation of Governor De Vera, -who, he said, had even resorted to force in order to intimidate the -magistrates and had called a council of military officials on one -occasion for consultation in matters of justice and government. The -governor was accused of violating the laws which had forbidden -officials to hold encomiendas; he had given the best posts in the -government to relatives, and had completely set aside the judgments -which Dávalos had rendered in his capacity as juez y administrador de -bienes de difuntos. The audiencia had been powerless to oppose De Vera, -largely, Dávalos inferred, because a majority of the magistrates were -under his influence. - -However unfavorable were the above comments on the governor, the -picture which De Vera drew of himself in a letter to Archbishop -Contreras, [88] at that time viceroy of New Spain, is exceedingly -interesting by way of contrast. In his own words, the governor had -grown "old and worn" in his Majesty's service. According to him, the -audiencia was of no service to the government, and only a drawback, -making his own duties as governor doubly heavy, especially "since the -Council [of the Indias] so poorly seconds my efforts ... everything -concerning the government and war in these islands depends on the -president. He must attend to everything punctually; and, in order to -comply with his Majesty's commands, he must pay over and spend from -the royal treasury what is necessary for the affairs of government -and of war." - -He complained that the audiencia had interfered with his administration -of the finances and had suspended the payment of the drafts which -he had drawn on the treasury. He had no recourse on account of the -delay necessary before an appeal to the Council of the Indies could -be answered. He complained that the audiencia had meddled with affairs -of government on trivial pretexts, rendering him practically powerless. - -During this period the internal troubles of the colony were -supplemented by the interference of the viceroy and audiencia in -Mexico. The latter had been reluctant to surrender their former -authority over the Philippines. There were conflicts of jurisdiction -between the viceroy and the governor and between the two audiencias -over a number of matters, among which affairs of a commercial nature -were preëminent. Both the authorities at Manila and those of Mexico -claimed jurisdiction over the galleons which plied between Manila -and Acapulco. [89] Numerous protests were made during this early -period against what was considered the unauthorized interference of -the Mexican authorities. Those in Manila felt that inasmuch as they -had an audiencia which was co-equal in power with that of New Spain, -they should be independent of the viceroyalty in all the affairs of -justice, government, and commerce. - -The combined memorials of the residents and officials of Manila, which -we have already noted, were presented at court by a new procurator, -Fray Alonso Sánchez. The latter, a Jesuit, was a churchman of high -standing, and his abilities were recognized both at Madrid and in -Rome. Besides carrying commissions from the secular officials, he -represented the bishop, but the latter, distrustful of the influence -at court of a Jesuit commissioned by the secular government, with -which the prelate was constantly at war, determined to send one of -his own supporters to Spain to represent his interests. The emissary -of Salazar was Fray Francisco Ortega, of the Augustinian order. Ortega -followed Sánchez to Spain and rendered valuable service as procurator -of his order at Madrid. [90] - -In written memorials and in personal interviews with the king -and with members of the Council of the Indies, Sánchez summarized -all the arguments heretofore given, asking for the abolition of -the audiencia. The newness of the country, the sparseness of the -population and the poverty of the inhabitants, according to his -argument, made such an institution a financial burden. If it were -continued, the salaries of the magistrates would have to be paid -from Mexico. An audiencia in Manila was not necessary, he urged, -since the chief element of the population was military, and hence -under martial law and jurisdiction. Even before the establishment -of the audiencia it had been necessary to send but few cases to -Mexico; indeed, alleged Sánchez, lawsuits seldom arose in the colony, -and the presence of the audiencia encouraged rather than prevented -litigation among the few merchants who lived in Manila. The discord -caused by the presence of the tribunal and the continual lawsuits -which it encouraged among the Spaniards had a disquieting effect on -the natives, who had no need of such an institution, and who did not -even understand its purposes. The audiencia, instead of serving as a -protection to the natives, was an instrument of tyranny. The Spaniards, -understanding the use of a court which would enforce the contracts -made between them and the ignorant Indians, were often supported -in the seizure of the latter's property, which act, in reality, -amounted to deprivation and legalized robbery. Sánchez stated that -the natives had been terrorized by the audiencia. The magistrates, -versed in the legal customs and practices of Spain rather than of -the Indians, were unfit to administer justice in the Philippines. - -Sánchez also emphasized the international phases of the audiencia's -existence in the Philippines, though with conclusions slightly -different from those which we have already noted. He stated that -the presence of the audiencia had caused the Portuguese, in China, -formerly friendly, to be distrustful of the Spaniards, and this -had resulted in a considerable diminution of trade. This change of -attitude he attributed to the wording of the cédula by which the -tribunal had been created, extending its jurisdiction throughout the -"entire archipelago of China." Sánchez concluded his appeal with -the statement that some act was necessary to restore the confidence -of the Portuguese, whose influence, exerted upon the Chinese, could -spell ruin for Spain's Far Eastern colony. The cancellation of that -claim to China would remove all evidence of Spanish bad faith; it -would show to the Portuguese that the Spaniards had no desire to -encroach on their rights, and through the restoration of commerce -and prosperity the future of the colony would be assured. [91] - -Sufficient has been presented to show that the audiencia, as -established in 1584, was not a success. The chief objection to the -tribunal was not its influence as a court; the real fault seems -to have lain in the indefiniteness of the articles of establishment -which gave it administrative powers, co-ordinate with the governor and -captain-general. Almost every difficulty occurred in the administrative -field. The audiencia also failed to preserve harmony between church -and state and added to these complexities by itself having dissensions -with the bishop. The petty character of the men who constituted this -particular government, their personal selfishness, and their eagerness -to take advantage, in dishonest ways, of the time and the distance -which separated the colony from the royal control, contributed to the -failure of the institution at that time. The audiencia was scarcely -established, and it certainly did not have time to adjust itself to -the new conditions with which it found itself surrounded, before -it was removed. It would seem that the authorities in Madrid were -somewhat hasty in withdrawing the audiencia, for it had proved its -efficacy throughout the entire Spanish empire. The ill success of the -Audiencia of Manila at this time does not prove that the institution -was a failure, or that its establishment was a mistake, for seven years -later it was returned and continued without interruption until 1898, -and continues still as then reorganized. The statement of Philip II on -November 25, 1595, "that experience had proved it to be unnecessary -in a land so new and unsettled" [92] can hardly be justified in view -of subsequent events. - -The causes of the breakdown of the first audiencia may be found -in the circumstances of the time, the personnel of the tribunal, -the indefiniteness of the laws which created it, the novelty of the -situation to magistrates and officials and their failure to adapt -themselves to their duties and to one another. As an institution -of reform the audiencia did not have time to adjust itself to a -permanent status. - -The king, in compliance with the demands of the various organizations -and individuals of Manila as communicated by their respective envoys, -abolished the Audiencia of Manila by royal cédula on August 9, 1589, -ordering the Viceroy of New Spain to take the residencias of all -officials who had been identified with the Manila government. To -carry out these orders Licentiate Herver del Coral was sent from -Mexico to Manila, where he arrived in May, 1590, in company with -the new governor, Gómez Pérez Dasmariñas. [93] Santiago de Vera, -the ex-governor, was promoted to a magistracy in the Audiencia of -Mexico; the oidor, Pedro de Rojas, was made teniente and asesor -to the governor, while the former oidor, Rivera, and Fiscal Ayala, -were left without office. [94] - -The regular organization for the administration of justice in the -provinces was left precisely as it had been when the tribunal was in -existence. The alcaldes mayores and the corregidores still functioned -as judges of first instance and as governors of the provinces. The -alcaldes ordinarios remained the judges of first instance in the -city of Manila. These judges tried cases with appeal to the governor, -and the judgment of the latter was final in cases involving a value -of a thousand ducats or less. Cases of a higher category might be -appealed from the decision of the governor to the Audiencia of Mexico, -and thence, if again appealed, to the Council of the Indies. - -The audiencia of three magistrates and a fiscal was replaced by a -governor, who was both captain-general and sole judge. He was assisted -in the latter capacity, as above noted, by a teniente and asesor, -a lawyer, who advised him in legal affairs and prepared his judicial -decisions for him. This reform was made on the representation of Fray -Sánchez, that Manila had no need of a judicial system more pretentious -than that of any Spanish provincial town. That city was accordingly -reduced to the rank of a city or district, with dependence in judicial -and administrative matters on New Spain, in whose audiencia appeals -from the governor of the Philippines were heard. - -With these new reforms the leading authorities in Manila professed -to be greatly pleased. Bishop Salazar, who was the most influential -person in Manila at this time, expressed his satisfaction to the -king in a letter dated June 24, 1590. [95] He suggested, however, -that the continuance of the audiencia might have been satisfactory -could its members have been paid from the treasury of New Spain. He -reported the arrival of the new governor, and stated that the latter -had already given evidence of a desire to govern wisely and justly. - -Salazar's optimism in regard to the good intentions of the governor -could not have been long continued, for Morga tells us that in the -first year of the government of Gómez Pérez Dasmariñas the need of -an audiencia was felt by many. [96] At that time, all the powers -of government were centralized in the governor, and there was no -immediate authority to which the people could apply for relief. Salazar -had many disputes with the governor over questions relating to the -respective spheres of the church and state, and from the decisions of -the executive the prelate had no recourse. Dasmariñas, on reporting -these matters to the king, stated that the bishop had interfered in -the matter of the collection of the tribute, the government of the -encomiendas, the Chinese trade (in which, the governor alleged that -the prelate had an unpriestly interest), and in the administration of -justice. [97] The prelate had interpreted the removal of the audiencia -as constituting a re-establishment of the concession formerly made to -the church of extensive control in the administration of government -and justice. He claimed that ecclesiastical judges should have the -same civil jurisdiction as they had exercised before the audiencia -was first founded. This, of course, the governor would not tolerate. - -Bishop Salazar was so displeased with the turn which affairs had -taken in Manila that he determined to leave the Islands, and passage -being placed at his disposal by the willing governor, the bishop set -out in July, 1592. [98] On his arrival in Spain, Salazar concerned -himself principally with religious matters, securing some valuable -reforms. Among the latter was the erection of the Philippines into an -archbishopric and the creation of three subordinate bishoprics. Salazar -showed the desirability of the restoration of the audiencia as a -preventive check on the excesses of the governor, but this change -was not made as an immediate consequence of his recommendations. - -A cédula was issued on January 17, 1593, which outlined with more -definiteness a judicial system for the Islands. This reform confirmed -the position of the governor as nominal head of the judiciary, with -jurisdiction over appeals from the lower courts, but it decreed that -these cases should be tried by a letrado. The governor's final and -conclusive jurisdiction was extended to all cases not exceeding a -thousand ducats in value. Cases of a greater value might be appealed -to the Audiencia of Mexico. [99] The governor was given authority to -name a protector of the Indians. [100] - -The above changes were followed shortly by the cédula of August 18, -1593, by which the title of teniente de capitán-general y asesor -de gobernador y capitán-general de las Islas Filipinas was bestowed -on Don Antonio de Morga, who was probably the most efficient jurist -and one of the most versatile officials that Spain ever sent to her -Asiatic dependency. [101] Morga was at this time not only successor -to the audiencia in judicial matters, but also attorney-general and -sole legal adviser to the governor. His predecessor, Pedro de Rojas, -was transferred to Mexico, in pursuance of the idea, as alleged in the -order of transfer, of removing from the Philippines all the members of -the old audiencia, so that the new scheme, as revised at that time, -might be allowed to work itself out without prejudice. Before his -departure, the residencia of Rojas was conducted by Morga. - -Even the reforms of 1593 did not suffice to make the administration -of justice satisfactory to all parties. From the large amount of -correspondence which exists, embodying complaints against the harsh -methods of Dasmariñas and his successor, Tello, three letters may -be cited which show the attitude of the various officials of the -colony towards the re-establishment of the audiencia. The first of -these was written by Governor Dasmariñas himself, and it may be in -some ways surprising to note that he asked for the restoration of the -audiencia. His reasons, in part, however, were different from those -advanced by his contemporaries. Dasmariñas was of the opinion that an -audiencia would be effective in the nullification of the interdicts -and excommunications imposed by the archbishop and the local prelates, -which he claimed were working havoc with the civil government. [102] - -The treasury officials complained that the absolute government of -the executive was contrary to the interests of real hacienda. Their -objections to the prevailing system were voiced in the second -of the memorials alluded to above, that of Francisco de la Misa, -factor of the royal treasury of Manila. [103] Misa said that under -the former arrangement the audiencia had audited the accounts of the -royal treasury and of the city of Manila each year. In this way the -accounts had been well kept and the funds properly accounted for. The -removal of the audiencia had left the governor with authority over -the nomination of the officials of real hacienda, as well as the -supervision of the accounts. Since Dasmariñas had been governor, no -accounts had been rendered by the minor officials of the treasury, -and, as a consequence, their superiors had been unable to make up -their reports for the Contaduría of Mexico. The governor's attention -had been called to this deficiency repeatedly, but the latter had -displayed no interest in the state of the colony's finances, which, -said Misa, exceeded all other matters in importance. "This comes," the -factor observed, "from placing in charge of Your Majesty's finances a -soldier, unfitted to do else than command troops, and then unchecked -by an audiencia, so far distant from your royal person." The laxity -of the governor and of his subordinates seems to have resulted in -the loss of much revenue. - -Misa also showed that there had been many irregularities in the -sale of offices, deficiencies which the presence of an audiencia -would have checked. Instead of selling the minor clerkships of the -exchequer, the governor had given them to his friends. Two offices, -which were by no means insignificant, those of the chief clerkships -of government and of justice, respectively, had been sold formerly -for four thousand pesos each. The governor, however, had preferred -to have them on his civil patronage list; this would not have been -permitted had an audiencia been present to enforce the law. - -The governor was charged by Misa with extravagance in the expenditure -of the revenue of the colony. The payment of the salaries of new -appointees to offices, friends of the governor, had made heavy drains -on the treasury. The king, by repeated cédulas, had forbidden the -designation of an excessive number of alcaldes and corregidores because -of the desirability of economizing the resources of the colony. While -the audiencia was in existence its consent had been necessary for -the creation of new judicial districts, but since the recall of the -tribunal, the governor had trebled the number of provincial officials, -and, in addition, had permitted each to have a salaried assistant. - -According to Misa, various other evils had resulted from the -absolutism of the governor, among which were numerous abuses which -he had tolerated in the galleon trade. It was alleged that Spanish -merchants in Mexico had sent money to agents in Manila, and in that -way had caused the legal amount brought from Acapulco for investment on -the annual galleon to be exceeded. [104] This, the factor stated, was -due partially to the laxity and corruption of the Acapulco officials, -who had permitted the galleon to leave that port with more than the -authorized amount of money. The governor of the Philippines, however, -could have prevented this abuse had he been so inclined, as the -ships' manifests were always subject to his inspection on arrival -at Manila. The money sent by the merchants of Mexico was invested -in merchandise in the Islands and these goods were shipped back to -Acapulco on the galleon, thus excluding the commerce of the local -merchants. The latter were growing poorer daily while the governor -and his friends were waxing richer. The governor had also exercised -favoritism in the distribution of cargo space, thus rewarding his -friends and punishing his enemies. [105] Since the suppression of the -audiencia these abuses had increased, as there had been no authority -in Manila to hold the governor in check. - -This memorial, from Misa, which was carefully considered at court, -went far toward demonstrating that the restoration of the audiencia -would have beneficial results, so far as the administration of real -hacienda was concerned. - -The third of the letters referred to as reflecting the attitude of -the Manila officials toward the re-establishment of the audiencia -and ultimately contributing to its restoration, was directed to the -court by Antonio de Morga, the efficient lieutenant-governor. Morga, -as did Misa, placed great emphasis on the need in Manila of a more -efficient system for the administration of the exchequer. Morga -was moderate in his characterization of the governor, alleging that -Dasmariñas had been brought completely under the influence of the -ecclesiastics. He expressed the belief that an audiencia would aid -in combatting what he termed the retrogression of the colony under -the influence of the priests. "There should be someone," he wrote, -"to oppose the ecclesiastics in a land so far away from the Audiencia -of Mexico; for, no matter what question is sent there for decision, at -least two years must elapse before despatches can be returned." [106] -No official was better qualified to explain the needs of the colony -in matters of justice than Morga, for he was at that time, in reality, -the supreme court of the Islands. - -The audiencia, after an interregnum of seven years, was restored -by a cédula promulgated by Philip II, November 26, 1595. [107] The -tribunal was to consist of a president, who should also be governor and -captain-general, four oidores, a fiscal, and various subordinates. The -history of the former audiencia and the reasons for its suppression -and re-establishment are summarized in the cédula as follows: - - - I established an audiencia in that city and province in order - that everything might be governed by means of it, and that justice - might be administered with the same universal equality, mildness, - and satisfaction desirable; after its establishment I ordered - it suppressed as experience proved it unnecessary in a land so - new and unsettled; in its place I sent a governor, and though his - administration was excellent, yet, inasmuch as that community had - grown, and I hope that it will continue to grow, I have thought - it advisable to found and establish the said audiencia again. - - -In this cédula, which was addressed to Governor Tello, the king -pointed to the increased importance of the Philippines, and to the -many expeditions by which the Island of Luzón and other islands of -the Archipelago had become pacified and more densely settled. The -increase of commerce with the Chinese was also cited as a reason -for providing the Islands with a more stable government. It was -stated that in the administration of justice there should be as much -efficiency as possible without the loss and inconvenience involved -in appealing cases to Mexico. The governor would have more time for -his increasing administrative and military duties if disengaged from -his former judicial functions. The cédula continued: - - - You [the governor] may find it advisable to have by you persons - with whom to take counsel, in order that matters may be considered - with the requisite conformity and by a sufficiently large body of - advisers; for these reasons I have decided to form an audiencia; - ... you shall be its president, holding that office with those - of my governor and captain-general. [108] - - -Together with this decree of re-establishment the king issued special -instructions to Tello, prescribing in detail the relations which the -governor was to observe with the audiencia. These instructions, in -general, sought to prevent the recurrence of the misunderstandings -which had been so fatal to the earlier tribunal. The governor and -oidores were ordered to co-operate in the formulation of commercial -regulations, with a view, particularly, to securing the Chinese trade, -in the enforcement of the pancada, [109] the consideration of ways and -means to prevent money from passing to China, in matters of taxation -and finance, encomiendas, and the pacification and government of -the wild tribes. By these instructions, it is important to note, -the function of advising the governor in administrative matters was -definitely bestowed upon the oidores. "Matters of importance," the -cédula prescribed, "the said president-governor shall discuss with the -oidores of the said audiencia, so that the latter, after consultation, -may give him their opinion." [110] - -The governor and the magistrates were jointly charged to do all -possible to discourage Indians and Spaniards from wasting their -means in fruitless and petty lawsuits. The natives, according to -this new reglamento, should always be protected against the designs -of those who would take undue advantage of them. The governor was -moreover instructed to confer with the archbishop and audiencia in -ecclesiastical affairs, and the prelates were especially forbidden -to excommunicate and issue declamations from the pulpit against the -officials of the civil government, such as were constantly proclaimed -when Salazar was bishop. Priests were not to meddle with the civil -government, or with the pancada, or with any form of trade. - -The audiencia as reformed, with the powers and duties noted, began -its life in Manila on May 8, 1598. The inauguration of the tribunal -was attended with general rejoicing, and a celebration characterized -by great formality and pomp. The royal seal was conducted through -the city in a procession which was composed of all the royal and -clerical dignitaries. Church, state, and citizenry united in expressing -satisfaction at the restoration of the tribunal, with its consequent -prospect of an efficient government and administration of justice. - -Reforms were made in the scope and composition of the audiencia at -various times during its existence. It developed from a commission -of three magistrates, with a president at its head, with definite -and ill-expressed powers over a vast archipelago, whose population -was sparse and scattered, to a double-chambered tribunal of appeal -in second and third instance, with definite jurisdiction over a -well-organized commonwealth. It would be highly desirable, did space -allow, to review chronologically the important reforms which were -made in the organization, scope and jurisdiction of the Audiencia of -Manila throughout its history. The most important of these, however, -will be noted incidentally in the following pages. - -The audiencia, from the time of its renewal onward, typified and -represented the royal authority, and its tenure was more continuous -than the governorship. Eight times subsequently did the audiencia -assume the reins of government in lieu of the governor. It became -the most reliable channel through which the royal authority made -itself felt in the Islands, and it was especially utilized by the -court as a check on the governor. [111] Whenever occasion arose, -the audiencia interposed as the intermediary and arbiter between -dissenting parties in the name of the sovereign, and its decrees were -listened to with respect. It was no longer a temporary organization, -and so firmly established was it henceforth that no person seriously -considered its recall a possibility. Through a period of three -hundred years the audiencia exercised its functions. It was first -and always a judicial body. It shared executive and administrative -duties with the governor. It frequently exercised attributes of an -advanced legislative character. It participated in the government of -the provinces. It shared the authority of the royal patronage in the -control of ecclesiastical affairs. These various activities will be -studied in subsequent chapters. - - - - - - - -CHAPTER III - -THE JUDICIAL FUNCTIONS OF THE AUDIENCIA - - -The audiencia was first and always a tribunal of justice. It was -established for the purpose of trying cases and settling disputes. Had -it no other functions than the purely judicial, however, it would not -have played the important part which it did in colonial administration -during two hundred years of its existence. Its chief interest to the -student of history and government will not be so much its activity as -a judicial institution as the relations it bore to other departments -of the government. Its extraordinary powers and functions developed -incidentally at first through the establishment of the institution in -colonies where no other agency existed to deal with the unforeseen -problems and necessities which arose from time to time. The gradual -assumption and exercise of non-judicial functions are therefore the -chief characteristics to be noted in the history of the Audiencia -of Manila. - -The aim of this chapter, however, will be to study the audiencia -in its capacity as a civil judiciary and to clear the way for the -discussion in subsequent chapters of the wider, and from the present -viewpoint, more notable fields of its activity. An effort will be made -to describe its judicial procedure, the kinds of cases which it tried, -the limitations on its jurisdiction--what courts were inferior to it, -and what authority was superior. This investigation will be made from -the viewpoint of the historian, rather than from that of the student -of jurisprudence, subject to such limitations as a lack of knowledge -of the law may impose. We shall first consider the procedure of the -audiencia as authorized by the laws of the Indies, illustrating this -procedure by the citation of actual cases in practice. - -The powers and duties of the Audiencia of Manila as defined in the -special decree of establishment of May 5, 1583, have been set forth -in the preceding chapter. By this decree the audiencia was granted -civil and criminal jurisdiction in cases of appeal from the lower -courts and original jurisdiction in those affecting the government, -and the conduct of its officials. The authority of the audiencia in -the latter cases was exercised through the appeals which came to it -from the special investigators and visitors who tried these officials -in first instance. - -The laws of the Indies, after prescribing the time of meeting and -the hours of the daily sessions of the audiencia, made their first -important judicial regulation by forbidding viceroys and presidents -to assist in the determination of suits. Cases must be tried by the -properly qualified oidores, yet the president (viceroy or governor) -was to sign the decisions with the magistrates. [112] Unless the -president were a lawyer, he was even denied cognizance of military -cases. The audiencia had jurisdiction over appeals from the viceroy or -governor in all government matters to which any official or private -citizen might take exception. [113] In case of disagreement between -the audiencia and the president, it was prescribed that the question -at issue should be carried to the Council of the Indies. In case the -majority of the audiencia agreed to follow a certain course of action, -the viceroy or president was forbidden to contravene or oppose that -action. Instead, he was ordered to abide by it, appealing to the -Council of the Indies for final settlement of the contention. [114] - -There were many laws regulating the relations between the audiencia -and the governor, most of which will be noted in greater detail -in a subsequent chapter. The most important were the laws which -ordered that the viceroys of New Spain and Perú should leave to the -audiencias entire jurisdiction over residencias, questions involving -the marriage relation [115] and the administration of property of -deceased persons. [116] A law especially referring to the Philippines -ordered the Audiencia of Manila to abstain from interfering with the -government of the Chinese in the Parián. [117] This did not forbid the -trial on appeal of cases relating to the Chinese, since in practice -the audiencia had authority to take cognizance of such cases. Certain -extra duties were required of the oldest oidor of the audiencia, who -was known as the decano. He was given complete authority over the -tribunal in the absence of the president. He might assign cases to -the magistrates, designate judges for special duties and determine -all matters relating to the interior organization and government -of the tribunal. These functions were assumed, after 1776, by the -regent, and the prerogatives of the office of decano became merely -nominal, except when the regent was absent. In audiencias whose size -permitted it, the oldest oidor, or the regent, after that office was -created, could determine whether sessions should consist of one or two -salas. [118] An audiencia was legally constituted, however, if only -one magistrate were present. [119] The audiencia was commanded to guard -its proceedings with great secrecy, and such rules were formulated for -its magistrates as would enable the tribunal to uphold its dignity, -and command the respect of the commonwealth. - -Cases of first instance were tried by inferior judges who were -below the category of oidores. [120] As noted in a former chapter, -these judges were the alcaldes ordinarios, alcaldes mayores, and -corregidores. The former tried civil and criminal cases in the towns -and cities and the last two exercised extensive jurisdiction in the -provinces. Cases were appealed from them to the audiencia. [121] -The audiencia was forbidden to concern itself with cases of first -instance, excepting certain criminal suits which originated within -five leagues of Manila. [122] - -A separate sala, for the trial of criminal cases was created in the -audiencias of Lima and Mexico. The magistrates serving in these salas -were designated as alcaldes del crimen. They had jurisdiction in -first instance over the criminal cases arising within five leagues -of the capital, as referred to above, and in second instance over -those appealed from the provincial judges. [123] The oidores in these -audiencias confined themselves to civil suits, but in audiencias where -there were no alcaldes del crimen, the oidores were authorized to try -both civil and criminal cases. [124] The magistrates of the Audiencia -of Manila had both criminal and civil jurisdiction, as that tribunal -belonged to the latter class. When the number of oidores present was -insufficient to do the work of the audiencia, alcaldes ordinarios -or alcaldes mayores who had the necessary qualifications might be -transferred temporarily to the tribunal. When acting as oidores they -could not try cases over which they had formerly exercised original -jurisdiction. [125] - -A system of procedure was prescribed for the trial of cases before -the audiencia and the order fixed in which these should come up for -consideration. It was ordered that two slates should be kept, one for -cases classified according to their importance and another for those -to be tried by rotation. Cases of the first category and those which -were especially urgent might supersede the latter, but when there -were none of the former the second slate was to be adhered to. - -Cases relating to real hacienda took precedence over all others. The -president was instructed to see personally that these cases should -not be subjected to delay and that at least one day a week should -be set aside for their adjudication. Next in importance were cases -involving infractions of royal ordinances and laws. Probate cases -were given one day a week. Two days weekly were set aside for the -consideration of suits which arose between Indians and between -Indians and Spaniards. Cases involving the poor, however, were -to take precedence over these. The audiencia was made responsible -for the good treatment of the Indians and it was charged with the -obligation of seeing that all suits to which Indians were parties -should be tried without loss of time. Delays resulting from the -carelessness of lawyers and from their eagerness to profit at the -expense of the natives were discouraged. Matters of slight importance -which pertained to the Indians were to be dispatched by decrees of -the audiencias and viceroys; this provision was designed to avoid -contentious litigation, to which the natives were characteristically -inclined. It also sought thereby to protect them from dishonest judges -and lawyers. Any and all of the cases mentioned in this paragraph were -considered to be of such importance that they were classified among the -first to be tried and determined prior to those involving property, -commercial affairs, and ordinary transactions. Of the latter cases -those already decided were to be reopened before the hearing of new -cases of the same class. Cases involving the poor were to be given -speedy consideration. [126] Length of waiting should be the criterion -for the consideration of the remaining cases. - -The audiencia was empowered to compel testimony from all persons and -authorities. [127] As already noted, the oidores of audiencias which -did not contain alcaldes del crimen were authorized to entertain -appeals from persons who had been condemned to death. [128] The -same was true of all other criminal cases that were admitted to -appeal. Members of religious and military orders were not exempted -from the jurisdiction of the audiencia. [129] - -The laws regulating the audiencia's jurisdiction in civil cases seem to -have varied according to the time and the policy of the government. The -audiencia exercised both original and appellate jurisdiction, as we -have already noted. Most of the civil suits tried by the tribunal were -appealed to it from inferior judges. A law was made in 1563 ordering -that cases involving less than twenty pesos might be tried by verbal -process. [130] This law would seem to have excluded cases of less than -that value from appeal to the audiencia, as the processes had to be -committed to writing in order to be appealed. The cédulas of November -26, 1573, and August 10, 1574, fixed the minimum amount that might -be appealed at six pesos of eight reales, or 3000 maravedís. [131] -Charles V in 1542 promulgated an important law for the regulation of -appeals to the audiencia. It provided that the smallest amount that -might be appealed should be 300,000 maravedís (667 pesos). [132] -This law was re-promulgated on September 24, 1568, and on September -22, 1626. [133] The provisions of these laws, however, probably -applied only to such cases as might come from provincial justices, -since appeals from city judges and ayuntamientos could be taken -over by the audiencia with less trouble and expense, because of -the proximity of the tribunal. As a matter of fact, this opinion -is seemingly substantiated by a new law, dated June 13, 1634, which -ordered that an appeal from an ayuntamiento should not be received -in an audiencia unless the suit involved a sum greater than 60,000 -maravedís, or 133 pesos. [134] This was considerably less, it will -be seen, than the amount fixed as the limit by the law immediately -preceding it, which was promulgated in 1626. - -The laws establishing the finality of the jurisdiction of the -audiencia were also altered from time to time. The earliest law on -the subject, dated April 24, 1545, ordered that no appeal should be -made from the tribunal in cases involving less than 6000 maravedís -(13.3 pesos). [135] This limit was raised to 200 pesos by cédulas of -April 4, 1558, and March 4, 1559, and by the ordinance of 1563. [136] - -In 1542, the jurisdiction of the audiencia was made final in all -cases appealed from the ordinary courts. [137] The execution of all -decisions which were not appealable was rigidly required. [138] By the -ordinance of 1563 it was stipulated that sentences of review which -had been confirmed by the audiencia could not be appealed again, -no matter how large a sum was involved. [139] This was partially -abrogated by the law of February 13, 1620, which ordered that cases -involving 6000 pesos of 450 maravedís each, already terminated on -review by an audiencia, might be further appealed to the king. [140] - -Decisions were reached by the concurrence of a majority of the -magistrates trying the case. When there were only two oidores present -a decision had to be unanimous. In case the full quota of magistrates -were present and the votes were equally divided, the fiscal might -be called in to decide the case, but if the latter were prosecuting -the case, or were otherwise incapacitated, a duly qualified lawyer -might be chosen to serve as a special magistrate. [141] This rule -did not apply to the revision of sentences in civil cases wherein -the value exceeded 300,000 maravedís; in these the concurrence of -three magistrates was necessary. [142] A record of the judicial -decisions of the magistrates was kept in the official journal of -the audiencia. Decisions and legal papers had to be signed by the -magistrates involved. Oidores who registered dissenting opinions were -obliged to affix their signatures to the autos with those who had voted -in the affirmative, but the negative votes were also recorded. [143] - -While the audiencia might repeal the written opinion of an inferior -judge in review of sentence, the revision of verbal decisions of -alcaldes ordinarios could be accomplished only when the alcalde in -question had been summoned before the tribunal and the reasons for his -decision had been investigated in his presence. [144] The audiencia, -therefore, exercised appellate jurisdiction over civil and criminal -cases tried in first instance by the judges of the provinces. - -If an alcalde mayor or other inferior judge failed to comply -with the instructions laid down for his guidance, or if he were -guilty of an abuse in the administration of justice, he was held -to account by the visiting oidor who was dispatched at regular -intervals for the inspection of the provinces--and for the judicial -scrutiny of the provincial courts. In cases of notorious injustice -special pesquisidores, usually oidores, were sent at once for the -correction of the abuse in question, at the expense of the offending -officials. [145] These, if found guilty of wilful disobedience, -were punished in accordance with the gravity of their offenses. The -audiencia had appellate jurisdiction in these cases. [146] The -visiting oidores imposed fines in accordance with a tariff which -had been formulated by the audiencia and approved by the Council -of the Indies. [147] All fines levied by the audiencia, either upon -officials or individuals could be remitted by the president with the -consent of the acuerdo. [148] - -It was the policy of the government to give the audiencia final -jurisdiction in as many cases as possible. It was desirable to endow -the colonial tribunals and authorities with sufficient power to make -them worthy of respect. At the same time it was necessary to relieve -the Council of the Indies of the duty of hearing the vast number of -individual suits which would inevitably come to it if that tribunal -were made too accessible. The Council was occupied with appeals in -government and justice from all of Spain's colonies. It has been -noted that the limit of value of cases which could be appealed from -the audiencia to the Council of the Indies was raised in 1620 from -200 to 6000 pesos. This would seem to indicate a growing tendency -to confine suits involving individuals to the colonial tribunals, -thus increasing the importance of the audiencias, and at the same -time making the Council of the Indies more exclusively a tribunal of -administration. This change, however, was never completely effected, -despite the various expedients adopted to discourage the appeal -of individual cases. Persons appealing were obliged to guarantee -the expenses of suit. The great cost, the delays, and the distance -altogether made appeal difficult. Appeals of longer standing than two -years were not received from the Philippines in the Council of the -Indies. [149] An investigation of the records shows that most of the -cases appealed to the Council of the Indies involved administrative law -in some form, having to do either with the prosecution of officials, -their removal from office, the prosecution of bondsmen, residencias, -conflicts of jurisdiction, or with appeals from the decision of the -audiencia in commercial and ecclesiastical matters. - -The gradual extension of the jurisdiction of the audiencia over -encomiendas may be cited as an example of the changes in the authority -of the tribunal and in its relation to the Council of the Indies. The -first important legislation in regulation of the encomienda was the -celebrated law of Malines, promulgated in that city by Charles V, on -October 20, 1545, and enunciated at successive dates until 1610. The -law prescribed the course which was to be pursued by the audiencia -in suits between individuals relative to encomiendas or the Indians -thereon. In these contentions the Council of the Indies and not the -audiencia was the final arbiter. The duty of the latter tribunal was -to collect evidence in these cases, taking the testimony of witnesses -for both sides and remitting all papers, sealed, to the Council of -the Indies. The council, on consideration of the evidence, rendered -the final decision. The audiencia had to conclude its part of the -investigation and file its report within a period of three months. This -time limit was extended to six months in 1554. The purpose of this law -was to guarantee justice in the assignment and retention of encomiendas -by removing them from the control of the audiencias, whose magistrates, -as experience had proved, often allowed themselves to be influenced -by local prejudices. Encomiendas were to be assigned by the king, -in theory at least, and no other authority save the monarch and his -council could exercise jurisdiction over them. [150] - -The audiencia was, however, authorized to act as the protector of -persons holding Indians on encomiendas, to see that they were not -unjustly deprived of or wrongfully disturbed in their holdings. In -case a person were thus deprived of his Indians, the audiencia was -empowered to restore conditions to their former state. If the aggressor -persisted, or cared to contest the right of his opponent to the Indians -in question, the audiencia was ordered to observe the law of Malines, -collecting all the evidence in the case, and forwarding it to the -Council of the Indies for final decision. The frequency of litigation, -however, and the vast number of unimportant cases which arose under -the provisions of the law of Malines came to demand too much of the -time and attention of the Council of the Indies, thereby causing -many delays in suits involving encomiendas. In order to remedy this -defect, Philip III, on April 17, 1609, conferred on the audiencia -jurisdiction over all cases involving encomiendas, repartimientos, -[151] tributes, and despoliations of Indians up to the value of a -thousand ducats. [152] Cases involving a greater value were still to -be settled in conformity with the law of Malines. Finally, in 1624 -it was ordered that in suits which did not involve more than three -Indians and in cases wherein the costs of litigation exceeded the -amount in dispute, the decree of the governor should prevail. For -obvious reasons, the audiencia could not concern itself with such -cases, but when the value of the Indians justified the attention -of the tribunal, its decisions were final, taking precedence over -those of the governor. [153] This, then, was the final status of the -jurisdiction of the audiencia over encomiendas as set forth in the laws -of the Indies. In the Philippines the authority of the tribunal in -regard to them was neither executive nor legislative, except in such -cases and on such occasions as we shall refer to later. The judicial -authority of the Audiencia of Manila over encomiendas was indisputable. - -Having indicated the general basis upon which the authority of the -audiencia rested, we may more precisely define its jurisdiction by -reviewing a few of the most characteristic cases which were tried -in the tribunal in accordance with the laws already discussed. The -statement has been made that at the time of its establishment the -audiencia was needed as a court of justice and that it was removed -in 1589 for political reasons rather than because of the inadequacy -or failure of the institution as a tribunal of justice. In the -preceding chapter we saw that the audiencia was designed to relieve -the executive of judicial duties, such as the trial of cases appealed -from the alcaldes mayores of the provinces and the alcaldes ordinarios -of the city. These functions, up to the time of the establishment of -the audiencia, had been exercised by the governor. This had resulted -in favoritism and in a perversion of justice to the private ends -of the governor and of his friends. Perhaps the chief evil under -the system had proceeded from the governor's double jurisdiction, -as both executive and judge, over cases involving encomiendas and -encomenderos. The governor assigned encomiendas in the name of the -king, and he was also judge with final jurisdiction over all suits -involving them, the law of Malines being impossible of execution in -the Philippines before the establishment of the audiencia, and after -its withdrawal in 1589. [154] - -The same was true in regard to commercial cases, and complaints -were ever arising against the governor's high-handed proceedings -in the allotment of cargo space on the galleons to his friends, -and his monopolization of the best Chinese goods that came to -Manila. The governor, as in the assignment of encomiendas, enjoyed -an undue advantage in these matters, for at the same time that he -was the executive with the power of bestowing these favors, he was -the sole judge in all contentions which arose regarding commerce. It -was therefore distinctly in the interests of justice that a supreme -court should be established, and it is easy to understand why those -who had profited by the absence of the audiencia should oppose its -restoration, and why others should take the opposite view. - -Soon after the audiencia was abolished in 1589, arguments were -presented at court for its restoration. From the large number of -petitions that were presented, two, aside from those discussed in -the preceding chapter, may be cited here because they illustrate -the disadvantages from a judicial point of view of having the -administration of justice in the hands of the governor, with appeal -to Mexico. Francisco de la Misa, factor of the treasury of Manila, -wrote a memorial to the king on May 31, 1595, [155] referring to the -delay which had arisen in the trial of suits involving encomiendas: the -jurisdiction of the governor was not final; appeals had to be carried -to the Audiencia of Mexico and cases involving a thousand ducats or -more had to be taken from that tribunal to the Council of the Indies; -[156] this meant two appeals and much delay. He mentioned certain -cases which had been pending two years, and showed that, because of -the delay to which they had been subjected in Mexico, it would be at -least two years more before the decisions could be returned. Misa said -that conditions had reverted to the state which had existed before the -audiencia was established; a much larger number of cases was awaiting -trial than the governor and his lieutenant could attempt to try. These -difficulties were multiplied by the fact that there was no fiscal, -an officer whose services as legal adviser to the government and as -prosecuting attorney were indispensable. [157] - -Misa petitioned for a reform of the law which had established the -governor as judge of ultimate recourse in cases involving one thousand -pesos (ducats) or less. He believed it advisable to reduce the limit -of the value of cases settled in the colony from one thousand to four -hundred pesos and appeal all those exceeding the latter sum to the -Audiencia of Mexico. It would result in a more equitable administration -of justice, he stated, if the trial of important cases were conducted -in second instance before that tribunal. This practice, though subject -to great delay, would have the advantage of guaranteeing the review -of these cases by a competent and properly qualified magistracy -rather than by a biased and tyrannical executive. He alleged that -four hundred pesos in the Philippines meant as much as a thousand -elsewhere. Another suggestion advanced by Misa was that suits and -investigations involving real hacienda should be tried by competent -judges, rather than by the governor, whose own personal interest in the -cases was often too great to ensure fair trial. Another evil pointed -out by Misa, and a fairly typical one throughout the history of the -colony, was the delay and uncertainty of the residencia. This defect -was particularly apparent at this time because all cases of residencia -had to be sent to Mexico, since there was no tribunal in Manila -with jurisdiction on appeal over these official investigations. Misa -described the plight of various alcaldes mayores, corregidores, and -other officials who had been investigated and suspended from office, -awaiting the outcome of the residencia. There were no persons to take -their places; as a result, the suspended officials were without gainful -employment, while their districts and offices reverted to a state -of lawlessness, barbarism and disorder, without governor, judges, -or incumbents. The governor had attempted to remedy the trouble -by making temporary appointments from among the removed officials, -but this he had no authority to do; moreover, the reinstatement of -officials whose conduct was under investigation was subversive of -the best interests of government and justice. The governor's action -in these cases had raised a storm of protest in the colony, yet he -was forced to take these steps in preference to leaving the natives -without government and protection. Misa presented this picture of -the state of affairs in the colony to show the evil results of the -absence from the Philippines of a tribunal with authority to conduct -residencias and to provide offices. - -While this series of complaints was not followed by an open advocacy -of the establishment of a royal audiencia in Manila, the defects -which were pointed out showed the desirability of putting an end -to the governor's intervention in judicial matters. There can be no -question but that the arrival at court of such letters showed clearly -the need of a tribunal at Manila for the administration of justice. - -Complaints were also directed against this state of affairs by Antonio -de Morga, lieutenant-governor of the Islands. This official argued -that the commonwealth required an audiencia in order to secure a more -equitable administration of justice. [158] He called attention to the -overcrowded docket of the court over which he presided and emphasized -the impossibility of the satisfactory termination of the cases waiting -to be tried. That the defects referred to in these communications -were appreciated at court is evidenced by the cédula of May 26, -1595, which emphasized the necessity of administering justice in the -Philippines with "universal equality, mildness and satisfaction." [159] - -Nevertheless the presence of a tribunal had the effect of encouraging -the inhabitants of the Islands to litigation. It has been said that -there have been more lawsuits in the Philippines than in any other -country of the same size and population, which remark probably would -apply to any country where the Spanish judicial system had lately -obtained. This condition was no doubt due to the fact that adequate -facilities existed whereby the natives could go to law. Lawyers -and judges were ever unduly ready to encourage and hear any suits -which might arise if there were any way in which profit might be -derived therefrom. Pardo de Tavera, in discussing these phases of -the legal history of the Islands, states that the laws protected the -native, but at the same time they kept him in a state of perpetual -tutelage. Judgments were passed by native magistrates in suits -between natives in the later days of Spanish rule, but in general -throughout the period of Spain's domination suits were prosecuted -under the direction of a protector of the Indians in case one party -to a suit was a Spaniard, or when the rights of the natives were in -any way jeopardized or injured by a Spaniard. "In this manner Spanish -prestige was preserved, inasmuch as it was no longer an Indian who -asked for the punishment of one belonging to a superior race, but a -Spaniard who took up the Indian's cause and conducted the suit against -another Spaniard." [160] Thus it may be seen that in Spain's judicial -system the means were provided, in theory at least, whereby the meanest -native could obtain justice, not only among his fellows, but in cases -to which members of the superior Spanish race were parties. - -The declared purpose of the whole system of legislation for the Indies -was the material and spiritual well-being of the Indians. [161] The -officials of the government, the churchmen, and the encomenderos -were especially charged in their commissions and in official -correspondence to make the protection and welfare of the Indians -their chief concern. Attention has just been directed to the office -of protector of the Indians. The fiscal, or one of his assistants, -attended to that duty in the Audiencia of Manila, while agents -(agentes fiscales) were especially commissioned by the fiscal to act -in that capacity in the provinces. [162] We have also noted that the -oidores were charged with the duty of protecting the Indians when -officiating as visitors in the provinces. Such cases, also those -involving decisions of corregidores and alcaldes mayores by which -the natives were dealt with unjustly, were appealable, under certain -circumstances, to the audiencia. These cases commanded the immediate -attention of the tribunal, to the exclusion of other business. [163] -Among the vast number of cases at our disposal which illustrate the -jurisdiction of the tribunal over such matters, the following may be -selected as typical. On May 16, 1796, the fiscal brought a charge in -the audiencia against the governor, exposing the sufferings inflicted -upon the Indians of the barrio of Santa Ana by the corregidor of Tondo -[164] in connection with the construction of a road. The audiencia -refused to consider the case in first instance, as the matter was not -contentious, but it recommended that the fiscal should make the charges -before the governor and have him render a decision upon the matter; if -exception were taken to his decision the case could be appealed to the -audiencia. The oidores found that they were without jurisdiction over -the case in first instance and they declared that their entertainment -of the suit would be in violation of the laws of the Indies. [165] -The fiscal appealed from the judgment of the audiencia. The Council -of the Indies, in a return communication dated May 13, 1798, [166] -approved the ruling of the audiencia, affirming that in cases of -the nature referred to, the fiscal, as protector of the Indians, -should submit testimony in behalf of the latter to the governor, -who should consider whether the Indians had been wronged and render -his decision accordingly. If exception were taken to the decision of -the governor, the case could then be appealed to the audiencia. While -these appeals and this litigation were in progress, the Indians were -being subjected to repeated hardships. - -This case is illustrative of the ineffectiveness of the system for the -administration of justice in Spain's colonies. It had taken two years -for this appeal to be carried to Spain and receive the attention of -the Council of the Indies. The answer had yet to be returned, probably -requiring at least a year more for the return of the Vera Cruz and -Acapulco galleons and for the proper proceedings to be carried on -in the Manila tribunal. It is questionable whether the Indians in -whose interests this was ultimately done ever received any benefit -from these legal proceedings. - -The case which has just been described involved the trial and -punishment of a corregidor in the defense and protection of the -natives. It is important to note that this case was ordered to be -tried in first instance by the governor and not by the audiencia. The -jurisdiction of the latter tribunal in second instance was confirmed -by the king on this occasion. By the law of October 9, 1812, and by -others made pursuant to the Constitution of 1812, the audiencia was -given jurisdiction in first instance over cases involving provincial -officials, and particularly judges. In regard to the care and -protection of the Indians, which was involved in this controversy, -the law provided that such cases should be treated originally by the -corregidores and alcaldes mayores with appeal to the audiencia. [167] -But this case dealt primarily with the official conduct of a -corregidor, over whom the governor had more direct jurisdiction. The -cédula of May 13, 1798, which constituted the reply of the king to -the appeal of the fiscal in the case described above, ordered that -henceforth in cases affecting the relations of the corregidores and -alcaldes mayores on the one part and the Indians on the other, the -fiscal, audiencia, and governor should act in acuerdo, in that way -avoiding friction and quarrels over jurisdiction. [168] - -That the audiencia did not always try cases relating to the Indians -with requisite promptness, is evidenced by the many and repeated -letters of the king to the tribunal, to the fiscal, as protector of the -Indians, and to the regent, chiding these officials for delay. On many -occasions the royal zeal for justice in the treatment of the Indians, -based on a lack of knowledge of the true nature of the Filipino, -completely overruled all considerations of practicability and common -sense. As an illustration of this, on June 20, 1686, certain natives -of the province of Bulacán sent false evidence to the Council of the -Indies; this testimony was taken in preference to that remitted by -the audiencia, the decision of the latter body being reversed by the -Council of the Indies. The audiencia refused to allow the execution of -the new judgment; the oidores all offered to resign in protest, and -the regent, at the risk of removal, reopened the case. It was proved -by the testimony of a number of officials and by the confessions of -the natives who had perjured themselves that the evidence upon which -the Council had acted was false. [169] A record of these proceedings -was remitted to the Council and that tribunal promptly reversed its -former decision. - -Further illustrations of the authority of the audiencia in cases -involving natives may be seen in suits which arose from time to -time over the illegal treatment of the latter by the friars and the -unjust occupation of the natives' lands by the religious orders. These -suits afford illustration, also, of the services of the audiencia as -an agency to force persons to show their titles to lands which they -held. [170] This jurisdiction will be given more detailed treatment -in the proper place, but the brief citation of one or two cases among -many seems advisable to illustrate the activity of the audiencia in -protecting the Indians, both by trying suits involving them and by -actually intervening in their behalf. - -Various revolts broke out among the Indians near Manila from 1740 -to 1750. These insurrections were said to have been provoked by the -encroachments of the Augustinians and Dominicans on the lands of the -natives. The matter was called to the attention of the home government, -and Pedro Calderón Enríquez, an oidor, was ordered to investigate -the charges made against these religious orders and to ascertain -the validity of their claims to the lands in question. The friars, -when ordered to submit titles to a secular judge, refused to comply, -claiming ecclesiastical exemption. In the face of their opposition, -Calderón dispossessed the friars of the lands which they were said to -have usurped and which they were continuing to hold without legitimate -title, restoring the lands to the crown. The case was appealed to -the audiencia and that tribunal upheld the visitor. - -Calderón also found that the University of Santo Tomás and the -Dominicans, in collusion with a clerk of the audiencia, had taken -lands from the native town of Sílang in 1743. Calderón restored the -lands to their rightful owners and his act was approved in judicial -review by the audiencia. The friars took exception to this by appealing -to the Council of the Indies. The Council notified the audiencia of -its affirmation of the judgment of Calderón and further stated that -the lands of Sílang, Imús, San Nicolás, and Cavite had been unjustly -seized and should be restored. This was not only an affirmation but -an extension of the sentence of the oidor, made by the Council after -the royal fiscal (of the Council of the Indies) had reviewed all the -evidence presented in the case. This suit shows the efforts made to -carry out the royal intention that the natives of Spain's colonies -should be justly treated. It also shows the respective jurisdictions -of the audiencia and Council of the Indies as courts of review and -appeal in adjusting disputes between the church and the Indians. - -In addition to the above, the audiencia exercised jurisdiction over the -religious themselves, both as individuals and as subjects of the king, -punishing them for violation of the civil laws of the realm to which -they were amenable as subjects. An illustration of this is furnished by -the following case which occurred in 1617. Two Augustinian provincials -were murdered, one, Fray Gerónimo de Salas, by poisoning, and his -successor, Fray Vicente Sepúlveda, by strangulation. A tribunal of -friars, composed of nine prominent members of the Augustinian order, -was appointed by the bishop for the investigation of the crime. This -body, after due consideration, caused six members of the order to be -apprehended; four of them were believed to be guilty of the murder -and two were suspected of connivance at the crime. On July 31, 1617, -these six culprits were handed over to the civil government, and on -September 2 of that year, the four guilty ecclesiastics were condemned -to death by the audiencia, while the other two were sentenced to six -years of service in the galleys. This case illustrates the extent -of ecclesiastical jurisdiction exercised respectively by the church -and government tribunals under the fuero mixto. [171] The former, -on this occasion, made the preliminary investigations and handed the -culprits over to the secular authority with recommendations; the latter -conducted the trial, passed sentence and saw to its execution. The -trial and conclusion of this case covered the remarkably short period -of thirty-three days. [172] - -Speaking generally, the authority of the audiencia over ecclesiastical -affairs extended to disputes between orders, between the government -and the church, or its representatives, to cases relating to land -titles, to those alleging abuses of the Indians by the friars, to -cases involving the royal patronage, and to cases of fuerza. [173] -As the question of the ecclesiastical jurisdiction of the audiencia -will be discussed more fully in subsequent chapters, no effort will -be made at this time to particularize concerning its authority over -church affairs, it being merely desirable to suggest the fact here -that the audiencia had jurisdiction in suits involving the church and -the civil government and in those which had to do with the protection -of the natives from the abuses of the ecclesiastics. - -Records of thousands of cases exist to show the different kinds of -suits tried judicially in the audiencia. Civil and criminal matters -came up in the tribunal as in all other courts of law, and hence, -as such, merit only passing attention. Among civil cases possibly the -most typical were those relating to encomiendas. It must be borne in -mind that the Spaniard, however mistakenly from the theoretical point -of view, regarded the encomiendas as property in the same sense as -a modern farmer regards his farm as property. He paid a rental or -tax to the government, he engaged in agriculture for gain, and, as -we have seen, the moral duty of protecting, uplifting, or educating -the Indians rested but lightly on his conscience. Therefore, as these -cases are discussed in the following pages, the value of the property -and not the treatment of the Indians on the encomiendas is the first -consideration. As already stated, the law of Malines reserved for the -Council of the Indies final action in all encomienda suits involving -more than one thousand ducats. [174] - -Many suits involving encomiendas came up prior to the establishment -of the audiencia; the defects apparent in the trial of these cases by -the governor show clearly the need of an audiencia at that time. The -earliest case noted in this connection was prosecuted in 1580 by the -asesor of the governor against Doña Lucía de Loaxa, the widow of an -encomendero, with the object of dispossessing her of an encomienda -held at Butuán, Mindanao. [175] She was charged with having nullified -her title by marriage to another encomendero, since the law forbade -married women to hold encomiendas. In her defense she alleged that -the desire of the governor to enforce the law was only pretense, -since many married women in the Philippines held encomiendas. She -stated that the governor desired to deprive her of her property in -order that he might bestow it upon a friend. This case was carried -to the Council of the Indies, and it illustrates the effectiveness -of the law of Malines, which took from the governor authority over -a case in which he was interested and gave final jurisdiction to the -tribunal in Spain. The papers pertaining to this case were returned -to the governor with orders to do as the law commanded. The defendant -was accordingly removed from the encomienda. - -Another case was disposed of in a slightly different manner. On January -22, 1581, Juan Gutiérrez de Figueroa, second husband of Magdalena -Rodríguez, widow of an encomendero of Mindanao, filed suit before the -governor praying to be continued as possessor of an encomienda which -his wife had held prior to her marriage to him. He brought the suit -on the grounds that he was a soldier and was accordingly deserving -of reward. This case, in accordance with the provisions of Malines, -came within the jurisdiction of the governor. He denied the petition, -but the soldier appealed the case to the Council of the Indies and that -tribunal again reversed the decision of the governor on May 23, 1584. - -In January, 1582, Bishop Salazar, as protector of the Indians, -brought suit before Governor Ronquillo de Peñalosa against Juan de -Ayala, a Spaniard holding various encomiendas in different parts of -the Island of Luzón, but resident in Manila. Two specific charges -were brought against Ayala. He was said to have reduced the Indians -on his encomiendas to the status of slaves, which was forbidden -by the law of November 9, 1526. [176] He had also violated the law -which prescribed that encomenderos should live on their encomiendas, -[177] and give their personal attention to the Indians thereon. Ayala -adduced testimony to prove that this law was a dead-letter and that -it was disregarded by most of the encomenderos. He even showed that -there were many of them residing in Spain who held encomiendas in -Spain and Perú. Governor Ronquillo felt that the evidence at hand was -insufficient to justify a decision in this case, so he permitted it to -be carried to the Council of the Indies. The latter tribunal rendered -its decision on June 24, 1584, communicating to the Audiencia of Manila -its ruling that Ayala should be allowed to retain the encomiendas in -question, but the president and oidores were especially charged to -enforce the law prohibiting slavery in the Indies. - -The procedure in these cases confirms the laws already alluded to, -which were promulgated before the establishment of the audiencia, -that the governor should have jurisdiction in suits involving less -than a thousand ducats, with appeal to the Council of the Indies. It -would also appear, from the data at our command, that the audiencia -inherited the governor's former authority in these matters. - -During the period from 1583 to 1589, and after the re-establishment of -the audiencia in Manila, this tribunal exercised authority over suits -involving encomiendas. There is so much sameness in the nature of these -cases that little would be added by describing them. There appears -evidence of considerable conflict of jurisdiction, however, between -the governor and the audiencia over the adjustment of the latter -to the new situation relative to the encomiendas. Governors Acuña, -Tello and Fajardo sought on various occasions to retain jurisdiction -over suits involving encomiendas on the basis of the law of Malines, -notwithstanding the fact that the audiencia had been given the duty of -trying such cases. When appeals were made to the Council of the Indies, -that tribunal made clear its determination that the audiencia should -try suits involving encomiendas, but that in administrative matters -relating thereto the will of the governor should prevail, unless -his decision were contested through legal channels. An illustration -of such difference of opinion may be noted in the letter written by -Governor Juan Niño de Tavora on August 4, 1628, to the Council of the -Indies. Tavora complained of the action of the audiencia in regard -to the disposal of a case involving an encomendero who had married -the widow of another encomendero, and who had tried to unite and -hold both their encomiendas after marriage. The governor contended -that two persons holding encomiendas by previous right should choose -the more desirable one and relinquish the other, in accordance with -the practice in other places. Especially should this be done in the -Philippines, he held, because there were so few encomiendas in the -Islands. The fiscal approved of this suggestion and made a motion -before the acuerdo of the audiencia that this course should be pursued, -but, as no laws had been promulgated on the subject, there was no -precedent to follow. The audiencia accordingly declared that such -a course as the governor had suggested would not be legal. Tavora -petitioned the Council of the Indies for a ruling on the subject. The -Council sustained the governor in its consulta of January 15, 1630. - -There was apparently no limit to the value of suits involving -encomiendas which might be tried in the audiencia, and appealed to -the Council of the Indies. There exists the record of one case in -which the encomienda was valued at 223,000 pesos. In this suit the -fiscal proceeded against Doña Juana Leal and Francisco de Rebolledo, -residents of Mexico, for possession of an encomienda held in the -Philippines. This case affords an illustration of the delays to -which the course of justice was subject, it being appealed to the -Council of the Indies in 1612, and not finally settled till 1620. A -suit involving an encomienda valued at 430,102 pesos came before -the audiencia in 1703, when two residents of Manila, named Delgado -and Abaurrea, were dispossessed of an encomienda by the governor. The -encomienda was awarded immediately to Juan de Echevarría and Antonio de -Endaya. The latter were prosecuted in the audiencia by the dispossessed -encomenderos, and the tribunal, in compliance with the law of Malines, -made the prescribed investigation, recommending that the governor's -action should be disapproved, since the evidence showed that the -persons installed on the encomienda were distant relatives of the -governor. The Council adopted the recommendations of the audiencia in -this case, ordering that the original encomenderos should be restored -to their estate, and that this breach of royal commands should be -registered against the governor to be answered in his residencia. - -Another suit, of a similar nature to that described above, was -brought in the audiencia in 1713 against Juan de Rivas, who had -been assigned two encomiendas in Leyte and Cebú, respectively, -by the governor, thus depriving one Saramiento who had held them -formerly. The plaintiff claimed that he had made great improvements -on these estates, spending all his income thereon, and as yet had -received no profits from the lands. He petitioned, therefore, that -these encomiendas should be bestowed upon him for another term. [178] -The audiencia withheld its judgment on this case, referring it to the -Council. That body, after seeking the advice of the royal fiscal and -contador, recommended to the king that Saramiento should be allowed to -retain the encomiendas for another term, and it was accordingly done, -a royal order to that effect being expedited on May 29, 1715. - -It is notable how frequently the action of the audiencia or that of -the governor was confirmed by the Council of the Indies. In most of -the cases which have been described, the original papers, including -letters, autos and testimonios, each expediente [179] containing from -one hundred to two thousand pages, are marked "seen by the Council", -"action of the governor confirmed", or "no action to be taken"; -the original decisions being thus confirmed. It may be concluded, -therefore, from this brief study that the audiencia had appellate -jurisdiction as a court of law over suits involving encomiendas, and, -furthermore, that the tribunal acting in that capacity placed a very -effective and definite check on the governor in his executive control -over encomiendas. - -Property suits, aside from those involving encomiendas, were -numerous. One noted case may be cited in which the heirs of Governor -Fausto Cruzat y Góngora in 1703 brought suit to recover money owed -by Gaspar Sánchez and Bernardo de Guirós to the ex-governor. The -audiencia failed to award the sum, which approximated 8000 pesos. The -case was appealed to the Council of the Indies and the decision was -reversed, the plaintiffs being awarded the money originally sued for, -with costs of suit. A similar case was brought by the children and -heirs of Governor Bustamante against Juan de Nebra, general of the -galleon. The case was tried in the audiencia and the tribunal decided -in favor of the defendant. The case was appealed to the Council of -the Indies and the decision was reversed. [180] In 1736 Gaspar Thomé, -a Frenchman, sued the estate of a deceased debtor, Juan de Olerte, -for 2000 pesos. [181] The case was appealed to the Council of the -Indies, and fully two hundred pages of documentary material exist, -carefully annotated and digested, to show how thoroughly and with -what formality a suit of even that small import was tried. We have -already noted the tendency of the government to discourage the appeal -of property suits to the Council of the Indies. The jurisdiction of -the audiencia was final, for the most part, in suits involving sums -from 200 to 6000 pesos. - -As matters of trade were always important in the life and politics of -the Islands, commercial suits commanded a large share of the attention -of the audiencia. Up to 1769 the jurisdiction of the audiencia was -supreme in matters relating thereto, [182] but on December 13 of that -year a consulado was established at Manila, thereby relieving the -audiencia of much of its former control over commercial affairs. [183] -The consulado, from the time of its establishment, was an ever-present -thorn in the side of the audiencia and conflicts over the respective -jurisdictions of the tribunals [184] were continually arising. We -may briefly cite one or two cases to illustrate the respective -jurisdictions of the audiencia and the tribunal of the consulado. On -December 26, 1806, action was brought by two Spaniards against the -British firm of Jacob Smith and Company on account of the inferior -quality of goods sold to the plaintiff by that firm. [185] Suit -was brought originally in the audiencia, but the consulado applied -to the governor for jurisdiction in the case on the ground that, -as a commercial suit, it should be tried in the consulado. [186] -The governor awarded jurisdiction to the audiencia. The consulado -re-appealed the case, but the Council sustained the governor's decision -on the ground that this was a suit between a private individual and -a merchant which should be tried in the audiencia, the tribunal which -usually tried cases between individuals. The function of the consulado, -the royal decree stated, was to try suits of a commercial character -which arose between merchants. [187] - -An occasion on which the jurisdiction of the audiencia was unquestioned -may be noted in the suit which was appealed to the Council of the -Indies from the audiencia in 1698, over the wrecking of the galleon -"San Francisco Xavier". The admiral, Don Esteban Ramos, was held -accountable for the silver carried on the ship and the merchants of -Manila sued him for what they had lost in the wreck. [188] It was -charged that Ramos had landed the silver, but was seeking to conceal -that fact, claiming instead that it was lost. The case was appealed -to the Council by the defendant. [189] The Council referred the case -to the Junta de Guerra, [190] and that tribunal reversed the decision -of the audiencia, declaring that Ramos was a faithful servant of His -Majesty, and still a poor man. There was no possibility of his having -the silver. Ramos was transferred to the Atlantic flota. [191] The -royal fiscal, in the opinion rendered for the guidance of the junta, -made the comment that frequently the oidores of colonial audiencias -were influenced, against their own ideas of justice, by the opinions -and wishes of the most powerful residents. Such was possibly the case -in Manila on this occasion. This statement at least shows that those -in control at Madrid were aware of some of the fundamental weaknesses -of the colonial audiencias. - -Another typical case, indirectly connected with commerce, occurred -in 1713, when the fiscal of the audiencia prosecuted three captains, -Enrique Boynont, Fernando Gall and Diego Brunet, who had arrived at -Cavite in command of French merchant and exploring ships, without the -royal permission to trade in the Islands. These captains, who were -foreigners, of course, were charged with smuggling, and were brought -before the royal audiencia. The charges against them were not proved, -and in due time the cases were dismissed. [192] The laws of the Indies -authorized the governor and the alcaldes del crimen to try cases of -strangers, [193] but in Manila, where there were no magistrates of -this category, such cases were tried by the audiencia. - -Perhaps the most important commercial suit that was ever tried in the -Audiencia of Manila, came before that tribunal in 1656, when several -residents of Mexico were excluded from the use of the galleon and -their goods confiscated. This action was in accordance with repeated -cédulas and regulations which reserved the space in the galleon for -the exclusive use of the Manila merchants and authorities. Mexican -traders, who had from time to time shipped goods on the galleons, -were forbidden to crowd out the Manila merchants, who depended on -that trade exclusively. The fine levied on this occasion amounted to -273,133 pesos. The case was appealed to the Council of the Indies, -the aforesaid decision was upheld, and the sum was finally ordered -paid in Mexico. [194] - -During the greater part of the audiencia's existence there was no -consulado in Manila and the jurisdiction of the audiencia in commercial -cases extended to suits between merchants for space on the galleon. The -tribunal had jurisdiction over the trial of officials for dishonesty in -the assignment of galleon space: investigations of officials charged -with reserving more than their due share of space, and such other -cases as are mentioned in the laws of the Indies as being the concern -of the consulados of Lima and Mexico. [195] Officers of the galleons -were tried for mistreating seamen, for smuggling, for exceeding the -limit of merchandise allowed, for giving passage to lewd women and -to persons travelling on the galleons without permission. They were -tried for carrying more slaves than they were allowed by law to carry, -for charging exorbitant prices of passage, and for failing to turn -in accounts of money collected. Commanders were often held criminally -responsible for carelessness in navigation and for shipwrecks. These -cases were tried in the tribunal of the consulado after 1769. - -The audiencia had appellate jurisdiction over all residents of the -colony, both natives and Spaniards. All crimes committed within five -leagues of the city of Manila were ordered to be tried by the oidores -in first instance, [196] but unless they were of extraordinary -importance, special investigators, usually alcaldes mayores or -alcaldes ordinarios, were delegated to try them in the name of the -audiencia. [197] As already stated, most of the criminal cases arising -in the colony were tried in first instance in the provinces by the -alcaldes mayores. Cases appealed to the audiencia were reviewed in -that tribunal. The trial consisted of an examination of the summary -or abstract of the case as it was originally tried by the lower judge -and, if errors were found to exist, the decision was either reversed -or the case was remanded to the judge who first had tried the case, -for second trial. [198] The audiencia did not try the case with the -defendant present. It merely reviewed the proceedings of the lower -judge. Criminal cases were not ordinarily appealable to the Council -of the Indies. - -The procedure in criminal cases was generally so similar to that -already described that it is unnecessary to give any illustration -of the audiencia's criminal jurisdiction. Most of the cases that -eventually reached the audiencia involved Spaniards, native caciques, -and half-castes. Natives who were charged with robbery, murder, and -crimes of a depraved nature were usually of a class unable to finance -appeals to the audiencia. This fact probably accounts for the scarcity -of criminal cases appealed during the first two centuries of the -audiencia's existence. [199] However, the reforms of the nineteenth -century brought an increased number of cases into the audiencia by -systematizing the administration of justice, differentiating the -judgeships from administrative offices, and providing for greater -facility of appeal. [200] - -It is probable that in criminal as well as in civil cases, Spaniards -derived considerable benefit from the fact that the audiencia was -composed of magistrates of their own nationality. High officials, no -doubt, escaped the consequences of their misdeeds more easily than did -men of more modest social and political attainments. This is shown by -the well-known case of the murder by Governor Fajardo of his wife on -July 21, 1621; this came up before an audiencia which was composed of -judges who were largely under the governor's domination. The tribunal -gave the matter a cursory investigation, after which the governor was -allowed to go unpunished. [201] We shall see that proceedings were -different, however, when officials under investigation were charged -with offenses against the government. The residencia, which dealt -with such charges, was a pitiless form of inquisition in which the -officiating magistrate was in duty bound to find his victim guilty, -if possible. - -Criminal cases of a character slightly different from those described -above were prosecuted by the government for the infraction of any -governmental regulation, or for the evasion of the payment of taxes -or duties. The collection of revenues devolved upon the oficiales -reales and they were ordered to accomplish their duties in this -particular, if possible, without the assistance of the courts. [202] -Numerous cases did come up in the audiencia, however, involving the -prosecution of individuals for violations of the alcabala, quinto, -and the tax on the export of silver (comisos). Persons assisting in -the apprehension of violators of these laws were rewarded with a part -of the proceeds of the fine, the remainder becoming the property of -real hacienda. On October 6, 1783, the final jurisdiction in cases -of smuggling and non-payment of the king's fifth was taken from the -audiencia, appeals being authorized to the Council of the Indies. [203] - -Reference has already been made to the services of an oidor as -special auditor de guerra. This, as well as other matters relating to -the jurisdiction of the governor and captain-general over military -matters, wherein the audiencia had no authority, will be noted when -an examination is made of the relations of the governor and audiencia -in a subsequent chapter. Suffice it to say here that the audiencia -did not have jurisdiction as a court over soldiers or military affairs. - -Closely related to the subject of the defense of the Islands, and -the exercise of judicial authority over soldiers was the special -jurisdiction which the governor had over matters relating to the -Chinese. This subject will be treated in greater detail when we -discuss the relations of the audiencia and the governor. - -During the first two centuries of its existence the audiencia had -jurisdiction as a judicial tribunal in the cases and instances which -have been noted. It had civil and criminal authority, original and -appellate. Its decisions were final in civil suits on claims for six -thousand pesos or less. Criminal cases were settled in the audiencia. - -The judicial authority of the audiencia was impeded during the greater -part of its history by the failure of the government to entrust it -with complete jurisdiction in all civil and criminal matters, and -by the tendency of the latter to interfere in matters of minute and -insignificant detail, which should have been left to the magistrates -of the tribunal. The Constitution of 1812 and the reforms made in -pursuance thereof really effected the changes which had long been -needed. The audiencia's jurisdiction was made final in all civil suits -and increased in administrative cases; thereafter no appeals were -made to the Council of the Indies unless they involved administrative -law. Cases involving official dishonesty, incapacity, residencia, -pesquisas, treason, disputes between audiencias and other tribunals -over conflicts of jurisdiction, and questions of the interpretation of -the law were still carried to Spain. These were important steps for the -improvement of colonial judicial procedure; they served to simplify it, -preventing a multiplicity of cases from being carried to Spain which -should have been settled within the colony. These tardy reforms left to -the home government more time in which to occupy itself with questions -of governmental policy, leaving to the audiencias more authority -and responsibility in purely judicial matters, thus giving to them -a greater prestige in the commonwealths wherein they were situated. - -The qualifications for the magistracy were also raised at this time, -although it cannot be said that the magistrates of the audiencias were -at any time incompetent or lacking in ability. The audiencias of the -colonies were given equal status with those of the Peninsula, and were -thus elevated in dignity and standing to the rank of tribunals of the -first order. The chief defects of the colonial judicial system of the -seventeenth century were thus corrected, though somewhat tardily. It is -unfortunate indeed that these changes applied only to a mere skeleton -of Spain's former colonial empire. - -In this chapter we have discussed the audiencia as a formal court of -justice, with methods, practices, and traditions little different from -those of any tribunal of justice. However, it had judicial authority -more extensive and far-reaching than has yet been indicated. Among the -different kinds of cases over which the audiencia had jurisdiction, -perhaps none was more important, and certainly none was more -exclusively peculiar to the Spanish judicial system than suits of -residencia. So distinct and extraordinary was that phase of judicial -activity that it merits consideration apart from a discussion of the -audiencia's functions as an ordinary court of law. In the following -section we shall note its jurisdiction as an administrative court over -suits wherein the government was a party and wherein the object was -not only to punish offenders, but to act as a preventive of official -misconduct. - - - - - - - -CHAPTER IV - -JUDICIAL FUNCTIONS OF THE AUDIENCIA; THE RESIDENCIA [204] - - -The purpose of the residencia was to uphold the morale of colonial -service by making officials answer for all their acts in a judicial -examination held at the close of their terms. It may be said that -the fear of the residencia was almost the sole incentive to righteous -official conduct or efficient public service, and it will be seen that -the audiencia exercised very pronounced authority in this. Indeed, -the audiencia had general supervision in a semi-judicial capacity over -the services of officials and public servants in the colonies. It was -the function of the audiencia to send reports to the court relative -to the conduct, work, or attitude of any employee or official of the -government, or of any resident of the colony. These reports were known -as informaciones (pareceres) de servicio. [205] The tribunal itself -was ready at all times to hear complaints against provincial governors -and judges, treasury officials, magistrates, governors, or, in fact, -any and all officials holding their positions by virtue of the king's -commission. [206] Charges might be made by a wronged party or by anyone -whose knowledge of an abuse was sufficient to justify charges. Heavy -penalties were imposed upon persons making false or unsubstantiated -charges. [207] Complaints against alcaldes mayores and corregidores -were most likely to be made during the regular investigation of the -visiting oidor, which, as we have noted, occurred every three years, -but sufficient complaint might be made to justify the dispatch of a -special investigator at any time. [208] - -The findings of the above inspections might be reviewed by the -audiencia and lead to the suspension and dismissal of the official -under investigation. [209] The final action had to be confirmed by -the Council of the Indies in case the person concerned were a royal -appointee, but in these matters the action of the local officials was -usually approved. For the removal of oidores and oficiales reales a -slightly different method was pursued. A magistrate of the audiencia -was designated to investigate the case, the evidence was submitted to -the Council of the Indies and final action was taken by it and not by -the audiencia. [210] Any and all charges brought against an official -in these investigations, even though he were cleared at the time, -might be revived in the residencia. - -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. - -Of the various authorities at our disposal, Bancroft gives the most -acceptable characterization of the residencia. He defines it as an -examination held, or an account taken, of the official acts of an -executive or judicial official within the province of his jurisdiction -during the term of his incumbency. This, Bancroft says, was done -at the expiration of the term of office or at stated periods, or, -in case of malfeasance, at any time. [213] The principle underlying -the institution of the residencia was bequeathed to the Spaniards -by the Romans, being similar to and probably derived from their law -which gave the right of accusation to any Roman citizen against an -office-holder. The residencia was conducted by a judicial official, -and it combined the features of a general survey of the career of the -official under investigation, an auditing of his accounts and a formal -trial. Its purpose was to ascertain whether or not the official had -faithfully executed his duties and it served to clear him if he were -proved honest, giving him a clean certificate of recommendation. If -he were found guilty of official misconduct or dishonesty he was -apprehended, degraded, and punished, according to his deserts. - -Professor Bourne has written in regard to the residencia: - - - The residencia ... was an institution peculiar in modern times of - the Spanish colonial system. It was designed to provide a method - by which officials could be held to strict accountability for - all acts during their term of office.... To allow a contest in - the courts involving the governor's powers during his term of - office would be subversive of his authority. He was then to be - kept in bounds by realizing that a day of judgment was impending, - when everyone, even the poorest Indian, might in perfect security - bring forward his accusation. In the Philippines the residencia for - a governor lasted six months and was conducted by his successor - and all the charges made were forwarded to Spain.... The Italian - traveller Gemelli Careri who visited Manila in 1696 characterizes - the governor's residencia as a "dreadful Trial", the strain of - which would sometimes "break their hearts." - - -Professor Bourne stated that it was the opinion of De Pons that -"the severities of the residencia could be mitigated, and no doubt -such was the case in the Philippines. By the end of the eighteenth -century the residencia seems to have lost its efficacy." [214] - -It is important to note at the outset that the residencia was not -conducted periodically alone, but that it might be held at any time -in the career of an official. The term pesquisa was applied to the -form of residencia which was carried out by a special investigator -(pesquisidor), sent when serious charges were made against the conduct -of an official. [215] In the investigation which took place the -official might be fined, or if grave offenses were proved, he might be -removed from office. Appeals might be made from the pesquisidor to the -audiencia and to the Council of the Indies. In fact, the judgments of -the pesquisidor were always reviewed in the local tribunal unless the -investigating judge had been commissioned by the Council of the Indies. - -The distinction which has been made here between the formal residencia -which occurred at the close of the term of office and the pesquisa -which might take place whenever serious charges were made, was first -emphasized in laws promulgated by Charles V in 1538, and by Philip -II in 1591; these aimed to put a stop to the excesses of certain -governors, corregidores, and ministers of justice, who, relying on -the practice then prevailing of taking residencias only at the close -of the official term, had committed unlimited excesses. The new laws, -above referred to, stated that although it had never been the royal -wish that residencias of royal appointees should be taken without -notice having been sent first to the monarch, the above circumstances -had made it necessary for them to be taken when charges were made. This -cédula, therefore, authorized the taking of residencias whenever the -best interests of the service required it. [216] - -This cédula was followed by another which forbade the sending of -special investigators or judges of residencia against governors of -provinces, unless persons of responsible character presented charges -against them, giving bonds to cover the costs. An investigator -was thereupon sent to conduct the trial of the official under -examination. [217] This matter is covered in slightly different -terms in the law of June 19, 1620. According to that enactment, a -receptor [218] might be sent to conduct the preliminary investigations -of corregidores and ordinary justices when these demanded instant -attention and could not await the formal residencia. If, as a result -of this inquiry, the guilt of the official seemed apparent, a more -complete investigation was made by a judge appointed by the president -and audiencia in acuerdo. [219] - -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] - - -A typical illustration of the jurisdiction of the audiencia in an -investigation of this sort, and of the delay to which the minor -officials were subjected, is shown in the case of Antonio Pimentel, -governor of the Marianas, [225] whose residencia was taken in the -decade following 1711. In this case may be seen the distinction between -the formal residencia, conducted at the close of the regular term of -office, and an investigation of charges brought during the incumbency -of the official. This case illustrates both forms of investigation, -for it originated in a charge of treason brought against Pimentel, -who, it was said, had furnished food and water to the crews of two -English vessels, enemies of Spain, and subsequently these same ships -had captured the galleon, "Nuestra Señora de la Encarnación". The -conduct of the case was given to magistrate Torralba, who, on his -arrival at Guam, sent Pimentel in chains to Manila. Notwithstanding -his defense of ignorance of a state of war existing between Spain -and England, he was sentenced to the forfeiture of the bonds which -he had posted on assuming office, and in addition was deprived of -his position as governor at Guam. This sentence was rendered January -23, 1712, and was approved by the audiencia in review on July 24, -1714. [226] The tribunal sentenced Pimentel to prison and ordered -that his residencia should be taken; accordingly, an examination -was made of all his official acts as governor. Pimentel, therefore, -had not only to stand investigation for the particular act which had -brought about his removal, but he was also subjected to a residencia -covering his entire career as governor. It may be noted that the two -forms of investigation were separate and distinct on this occasion. - -Owing to the death of Governor Lizárraga, to the imprisonment of Oidor -Villa, and to the state of anarchy surrounding the administration -of Torralba as governor, Pimentel was forced to languish in prison -several years while he waited residencia. The appointment of Luís de -Tagle as his successor and judge of residencia was dated June 25, -1717. This occasion was one on which the successor of a governor -took his predecessor's residencia, owing, the commission said, to -the distance and the irregularity of communication between Manila -and Guam. A letter of the audiencia, dated August 9, 1718, advised -the governor that there were 427 unfinished cases on the docket of -the tribunal, and chief among those that ought to be decided without -delay was the review of the residencia of Pimentel; it was added -that there seemed to be no prospect that a boat could get to Guam -before 1719. The record of the termination of this case probably -reposes somewhere in the archives, tied in an aged, yellow packet, -bound by Spanish red tape. - -In summary, it may be said that there were two kinds of investigations -of official conduct, one taken at the completion of the regular term -of office and the other at any time when the needs of the service -required it. They both had the same ultimate purpose of holding -officials responsible for misconduct in office, of giving to all -persons an opportunity of having justice done to them and of deterring -office-holders from future misdeeds. - -Practically all of the colonial officials were subject to -residencia. The most sensational and widely known residencias were, -of course, those of viceroys and captains-general, but oidores, -treasury officials, encomenderos, alcaldes mayores, corregidores, -admirals, generals, captains, and constructors of galleons were -likewise examined in this way. [227] The visitors and special -investigators who were sent to examine the government of the provinces -and the state of the Indians on the encomiendas were also subject -to residencia. Residencias were exacted of all minor officials at -the same time that their superiors were examined. [228] Clerks, -notaries, secretaries, alcaldes ordinarios, regidores, and other -officials of a minor category were investigated at the same time that -the governor was examined, an alcalde or an oidor being delegated by -the new president to review their official conduct. The examination of -these minor officials seems to have become more and more perfunctory -and there was a tendency during the latter part of the nineteenth -century to continue them in office, even without investigation. When, -for instance, Governors Basco y Vargas and Marquina gave up their -offices this formality was omitted. [229] The practice of taking the -residencias of minor officials was definitely abandoned on August 24, -1799, and a rigid inspection by the audiencia of their official acts -was authorized. [230] - -Much contradictory legislation appears in the laws of the Indies -relative to the method of taking residencias; this due to the -reforms made from time to time. These laws were formulated for a -growing empire. A chronological review of them will show that the -residencia was at first more or less of an experiment. Indeed, all -the colonial institutions were in the early periods passing through -an experimental stage and these seemingly contradictory laws were -promulgated or repealed, according to their success or failure when put -into effect. Whenever, therefore, two laws appear to be in conflict, -the one of later date will be found to supersede and repeal the earlier -one. [231] In illustration of this characteristic of the laws of the -Indies we may note the following example: The cédula of December 4, -1630, ordered that the residencia of the governor should be taken -by his successor. This law was seldom, if ever, observed. Owing to -the distance from Spain and New Spain, and the consequent length -of time consumed in voyages, to the unhealthful climate, and to the -dangerous military campaigns in which the governors were compelled -to engage, death frequently intervened before the successor of a -governor arrived. These conditions (which were characteristic of -all of Spain's colonies) did not prevent the residencia from being -taken, but caused the law to be modified by the cédula of December -28, 1667, according to which judges for the residencias of viceroys -and presidents-governor and captains-general were to be designated -by the court. The period of four months, which had been authorized -for the taking of residencias by the cédula of August 30, 1582, was -extended to six months. [232] A change was necessary, the new law -declared, in order to put a stop to the incessant strife, and the -malice which had been shown by viceroys, governors, and ministers in -the taking of residencias. The king determined that henceforth the -judge of residencias should be designated by the court. The magistrate -usually named was the decano. After 1776 the regent almost invariably -conducted these investigations. The important reform of August 24, -1799, ordered that judges of residencia for governors, viceroys, -presidents, governors-intendant, corregidor-intendants, and presidents -of the Council of the Indies should be appointed by the king. [233] - -The first residencia to be conducted in the Philippines in accordance -with the new law of November 28, 1667, was that of Governor Salcedo, -in 1670. This governor had been removed by the commissary of the -Inquisition on October 10, 1668, and Francisco Coloma, the decano, -was ordered to take his residencia. [234] Coloma's intervention in the -matter was protested by the audiencia in a letter to the Council of the -Indies, dated April 7, 1670, on the grounds that the senior oidor was -also the asesor and possible successor of the governor, and for that -reason he was disqualified from taking the latter's residencia. [235] - -The audiencia suspended the proposed action of Coloma, pending the -reply of the Council of the Indies. In addition to the protest of -the audiencia, the fiscal, on May 20, 1670, sent a report of the -case to the court, which act was in fulfillment of his regular -duties as fiscal, as prescribed by the laws of the Indies. [236] -The notes from Manila were effective in bringing about the desired -results. Upon receipt of the communications, the Council of the -Indies, on June 17, 1671, ordered the nullification of all former -cédulas, cancelled Coloma's appointment to take the residencia in -question, on the grounds that he had been the governor's asesor, -and appointed Fernando de Montemayor, the oidor next in rank, to -conduct the residencia of the governor. [237] Salcedo had already -been dead three years, and two more transpired before his residencia -was completed and the autos thereof reviewed by the Council. - -The laws provided ample opportunity for appeal in cases of -residencia. The cédula of November 17, 1526, ordered that appeals -might be made to the Council of the Indies from judges of residencia -in cases involving liabilities in excess of 600 pesos. [238] Many -appeals were made to the Council in accord with this law, and the -time of the tribunal was consumed in the consideration of matters -comparatively of small importance. To obviate this defect the law was -changed on August 7, 1568, to provide that no case could be appealed -to the Council of the Indies unless the sentence imposed capital -punishment or deprivation of office. [239] The cédula of June 23, -1608, ordered that if the fine imposed upon the governor and ministers -of the Philippines did not exceed one thousand pesos the case should -be finished in the audiencia. [240] Cases involving a greater amount -were to be appealed to the Council. Sentence of judges of residencia -were not to be executed pending the trial of appeals to the audiencia -and the Council of the Indies. [241] - -Philip IV initiated further reforms in regard to appeal in -1636. Ordenanza LVI, promulgated at that time, provided that "the said -Council [of the Indies] may only have jurisdiction over the visits and -residencias of the viceroys, presidents, oidores, and officials of our -audiencias and accountants and officials of the tribunals of accounts, -officials of the treasury and those of the governors provided by the -Council with our titles." [242] Ordenanza LXII, issued at the same -time, ordered that "in the visits and residencias which are seen -and determined in our Council of the Indies," cases did not have to -be referred to the king for consultation, excepting when, in "the -residencias of viceroys, presidents, and oidores, alcaldes del crimen, -and fiscales of our royal audiencias of the Indies and governors of -the principal provinces there, condemnations of corporal punishment, -privation or suspension from office result against them." [243] -In these cases the Council was ordered to submit its decisions and -all papers bearing thereon to the king before passing judgment, -so that the final judgment might be rendered by the sovereign in -person. The Council could take final action in the residencias of -military and naval officials without consulting the king. It was, of -course, impossible for the sovereign to give his personal attention -to any of these matters, but the last word was pronounced in these -suits by responsible ministers of the court who stood high in the -royal estimation. - -Officials were usually obliged to submit to residencia before leaving -the colony, also before their promotion to higher posts. [244] Owing, -however, to the paucity of ships plying to New Spain and to the length -of time elapsing between sailing dates, officials could give bonds and -leave before the residencia was completed. [245] This was permitted -only to men of good character, whose services had been uniformly -satisfactory, and who were destined to some other post wherein their -services were indispensable. The investigation was then conducted in -the absence of the official concerned. [246] It was decreed by the -cédula of December 30, 1776, that an annual deduction of one-fifth of -the total salary of the governors and viceroys respectively should -be made, until sufficient money had been taken out to cover the -probable costs and liabilities of their residencias. [247] This was a -special assessment, distinct from the media anata, [248] and the money -deducted thereby was to be returned if nothing detrimental were proved -in the residencia. The last year's salaries of alcaldes mayores and -corregidores were withheld, pending investigations of their official -conduct and a rendering of accounts of collections made by them. [249] -If an official were cleared of all guilt, the money which had been -withheld was returned and the costs of residencia were defrayed by -the royal treasury. [250] In case the official were found guilty -of misconduct, he had to forfeit his deposits, back-salary, bonds, -and frequently to pay a large fine in addition. The amount of the -penalty, of course, depended on the extent of the guilt. It may be -said that in the Philippines the royal treasury suffered no serious -embarrassment through having to bear costs of residencia. - -The judges of residencia who served as such in addition to their -regular duties, received an additional compensation which varied -according to the place where the residencia was held, its distance -from the capital, and other circumstances. [251] This was modified by -a reform of the nineteenth century which awarded extra pay only in the -case the official were fined. This, of course, was intended to afford -the examining judge a stimulating interest in the case. Still later -the system of giving extra pay for residencias was abolished. [252] - -A detailed survey of the governor's residencia in the -Philippines would illustrate the influence of the audiencia in such -investigations. Unfortunately the story would be long and little space -remains for such a purpose. During the first two centuries of Spanish -rule in the Islands the residencias of the governors were especially -stringent, many of these officials suffering deprivation of office, -imprisonment, and exile. The families and dependents of some were -reduced to the last extreme of poverty, while the victims themselves -spent years in some distant province, unable to defend themselves -from their enemies. Many victims of the residencia were purposely -put aside in order that no appeal could be heard from them. One would -occasionally find relief at last in a tardy pardon or in a modification -of sentence, obtained through friends at home, when these could be -reached, but more often death would intervene before the exercise of -executive clemency or revision of sentence could be obtained. - -The factors of petty spite, malice, and personal ambition entered to -an extensive degree in the rendering of testimony at a residencia. A -governor, recently arrived in the colony, would be full of zeal -and ardor to inaugurate a successful administration, and make a -good record for himself. The first duty that presented itself on -his arrival was that of taking or supervising his predecessor's -residencia. Frequently, before arriving at Manila, the new governor -would be in full possession of a complete record of the misdeeds -of his predecessor, and the residencia of the latter was as good as -taken. [253] Oidores, merchants, alcaldes, treasury officials, and -churchmen, compelled to stand aside and see a governor take his choice -out of the best things, leaving for them only the husks, were not slow -in bringing charges at the official residencia. [254] A new governor, -desirous of demonstrating his intention of starting an honest and -vigorous administration, hearing nothing but evil of his predecessor, -would naturally lend himself as an instrument to the malcontents. A -fiscal, after spending six years in conflict with a governor, could be -depended on to bring strenuous prosecution against him. A magistrate -with enmity in his heart for the governor whose residencia he was to -take, was no fit person to conduct an impartial investigation. - -While as a rule the residencias of governors were severe, -due largely to the presence of the audiencia, that of Dr. Sande, -the first governor to submit to this investigation, illustrates -the evils of the residencia as conducted before the establishment -of the audiencia. His successor, Governor Ronquillo de Peñalosa, -conducted Sande's residencia and sentenced him to pay a heavy fine, -but he appealed the case to the Audiencia of Mexico, by which tribunal, -in the meantime, he had been commissioned oidor. We have noted in an -earlier chapter Ronquillo's comments on the abject state into which -the administration of justice had fallen when a man could be promoted -to a magistracy in a tribunal which had jurisdiction over his own case -on appeal. [255] However, after the establishment of the audiencia, -and until the close of the nineteenth century, the residencia went -to the other extreme, and was, as a rule, exceedingly rigorous. - -We may briefly note a few of the most severe residencias in which the -influence of the audiencia told against the victim. In 1625, Gerónimo -de Silva, temporary governor, was imprisoned by the audiencia because -he failed to pursue the Dutch after their defeat in 1617. The real -difficulty lay in the fact that Silva had incurred the enmity of the -senior oidor, who ultimately conducted the residencia, because Silva's -arrival in the Islands deprived that magistrate of the command of the -military and naval forces of the Islands. Again, Governor Corcuera, -after nine years of very successful rule, during which he distinguished -himself in several campaigns of conquest and incidentally aroused the -hostility and jealousy of the oidores, was arrested on charges made -by the audiencia on the arrival of Governor Diego Fajardo in 1644. An -oidor, who was the personal enemy of Corcuera, was designated to -conduct the residencia, the ex-governor was fined 25,000 pesos and -was imprisoned five years while the magistrates of the audiencia -delayed the transmission of the papers which permitted a rehearing -of the case. At last his defense was sent to the Council, the fine -was remitted, he was given salary for the period of his exile, and -the post of governor of the Canaries was conferred upon him. Although -the audiencia was responsible for the injustice in this case, Fajardo, -as president and governor, was held answerable in his own residencia -for his conduct toward his predecessor. - -Governor Simón de Anda y Salazar, one of the most successful -governors the Islands had ever known, was made to suffer from the -personal malice of the oidores when he gave his last residencia in -1776. [256] Among the offenses which were proved against him was -that of exercising prejudice in conducting the residencia of Oidor -Villacorta, conducted under his supervision. The residencia had been -rigorous, due no doubt to personal enmity between the oidor and the -governor, extending over a period of many years. He was also fined -4000 pesos as a price for his excessive zeal in the prosecution of -the residencia of his predecessor, Governor Raón, who had friends in -the audiencia to defend his memory and champion his cause. [257] Anda -was also shown to have absolved certain officials of real hacienda -of financial responsibility, permitting them to leave the Islands -without the consent of the audiencia. These and other charges proved -against him were said to have caused his premature death in 1776. - -Governor José Basco y Vargas, another very efficient governor, -[258] but one who had been opposed throughout his term of office by -the audiencia, was heavily fined in 1787 by the oidor designated to -conduct the investigation. The decision of the judge of residencia was -reversed by the Council of the Indies, however, and Vargas' exceptional -merits were recognized to the extent of his being appointed to the -governorship of Cartagena, with the rank of rear admiral. In taking -the residencia of Vargas, the audiencia had disagreed so completely -that the tribunal was obliged to resort to the extreme measure of -appointing a churchman as arbiter. Fray Gerónimo Caraballo, the curate -of Quiapo, was designated for that duty. - -Aside from the above brief references to notable cases in which the -audiencia exercised jurisdiction over the residencias of governors, -allowing itself to be influenced by considerations other than those -of justice, it seems desirable to review in detail at least one case -of the residencia of a governor, to show more particularly just what -authority was exercised by the tribunal, and just how that authority -was exercised. - -We may select for this purpose the residencia of Governor Felix -Beringuer de Marquina, which was the last to be conducted under the -old laws, and the last, accordingly, of the severe residencias. [259] -As governor and superintendent of real hacienda Marquina assumed -such power as no other governor had ever exercised. He was opposed at -every turn by the audiencia and probably no other governor ever had -so many of his measures vetoed or opposed by the home government as -he. The fiscal and oidores brought many charges against him; these -finally culminated, before the expiration of his term, in the royal -order of February 19, 1792, for the taking of his residencia. The -regent, Agustín de Amparán, was put in possession of the special -charges which had been made against Marquina. According to these the -governor had been careless in defending the Islands against the Moros, -who had insulted and robbed with impunity the various settlements, -with no effort having been made to check their advance. The governor -had transgressed in numerous instances the sphere of the audiencia -and had substituted his own authority. He was said to have been -guilty of immoral relations with certain Spanish women of the colony, -having deliberately and maliciously separated an intendant from his -wife on one occasion by ordering the former to a post of duty where -no woman could go; he had amassed a great fortune through trade and -by diverting the proceeds of the royal revenue to his own private -advantage; he had permitted merchants to conduct business without -proper licenses; he had allowed foreign merchants to remain in Manila -under conditions forbidden by law. [260] These and many others were -the charges brought against Governor Marquina. They may be considered -as typical of the accusations which were usually brought against -governors in their residencias. - -Amparán was commanded by the royal order above-mentioned to remove -Marquina to some spot outside Manila where he could not interfere -with the residencia, but whence he could be summoned at any time, -to give testimony in his own behalf. [261] The regent was instructed -to ascertain from the treasury officials whether Marquina should not -be required to post more than the usual amount of bonds in view of -the grave charges against him. It seems that the law already cited -requiring an annual deduction of one-fifth of the governor's salary to -cover residencia had been abrogated by a royal order dated February -13, 1782; hence there was some apprehension lest Marquina had not -deposited sufficient money. [262] - -In compliance with these orders Marquina was relieved of his office in -September, 1792, and was sent to Laguna de Bay, about thirty miles from -Manila. After five months' delay, the investigation was inaugurated -and it was concluded by July 22, 1793, but Aguilar, the new governor, -intervened and suspended the sentence on the ground that Marquina -had not been given sufficient opportunity to defend himself. Up to -this time Marquina had not testified directly. Aguilar ordered that -the ex-governor should be brought to Manila and that a lawyer should -be appointed for his defense. This was done and the charges which -had been made against him were duly answered. This evidence could -not be incorporated in the official papers of residencia, for they -had been finished and closed by the regent, but it was forwarded to -Spain under separate cover. [263] - -The official papers of Marquina's residencia, as formulated by the -regent of the audiencia, arrived before the Council of the Indies -in due time, together with Marquina's defense which had been sent -separately. The glaring injustice of the investigation as conducted -by Amparán and of the official evidence transmitted, was patent to -the fiscal of the Council. He refused to receive any testimony not -incorporated in the official papers of the case. Marquina was allowed -a retrial by the Council. This resulted in a further delay of three -years; during this period Marquina remained in the provinces with the -exception of the time spent in Manila giving testimony in his second -residencia, which was taken under the direct supervision of Governor -Aguilar. Immediately after his second trial Marquina was transferred -to Mexico, but he was obliged to deposit an additional 50,000 pesos -before his departure from Manila. - -In the ultimate judgment Marquina was pronounced guilty of many -offenses in addition to those mentioned in the charges previously -outlined. He had shown favoritism in the dispensation of official -favors; he had authorized the expenditure of public money for private -ends; he had neglected defense and agriculture; he had been negligent -in the supervision of the various departments of real hacienda and -particularly of tobacco; he had infringed on the jurisdiction of the -royal audiencia. He had indulged in private trade and had granted -special favors to foreign merchants. [264] - -The regent fined him 40,000 pesos outright and, moreover, he was -condemned to pay into the royal treasury an additional fine of 16,000 -pesos to cover certain illegitimate profits made through granting -unlawful trading concessions to an Armenian merchant. This sentence -was not executed immediately, as it had to be confirmed by the Council -of the Indies. On review of the findings and recommendations of the -regent, the Council declared that since the proceedings at the trial -of Marquina had been irregular and the governor had already suffered -the consequences of his own misdeeds, the fine imposed by the judge -of the residencia in Manila might be reduced to 2000 pesos with costs -of trial. Marquina on October 12, 1797, asked to be excused from -the payment of the 2000 pesos, but the Council denied his petition, -declaring that he had been treated with great consideration and mercy -and that nothing more could be done in his behalf, especially since -he had not been adjudged innocent of the charges which had been made -against him. [265] - -Marquina's trial illustrates all the characteristics, the delays, -terrors, and ramifications of a typical residencia of the seventeenth -and eighteenth centuries. Continued complaints against him caused -Marquina's residencia to be taken before the expiration of his -official term. The regent of the audiencia was commissioned by the -court to conduct the investigation because Marquina's successor -had not arrived. That magistrate was prejudiced against Marquina on -account of having witnessed the governor's continual malfeasance in -office. He was unable to conduct an impartial investigation, and -the audiencia, likewise prejudiced, would not intervene in behalf -of the ex-governor. The wrongs done to Marquina in his trial were so -patent that the Council of the Indies ordered a new hearing. A severe -sentence was finally passed by the judge in Manila, but it was modified -by the Council of the Indies through considerations of justice. The -residencia occupied ten years, and during the greater part of that -time the ex-governor remained in exile--a victim of his own misdeeds, -the faulty residencia system, and the hostility of the audiencia. The -customary severity of the residencia was only mitigated in this case -by the presence of an impartial governor, who, unlike most governors -whose desire was to harass their victims, sought to secure a fair -trial for his predecessor. To accomplish this he was obliged to work -against, rather than in co-operation with the audiencia. - -The above method of conducting residencias of governors, presidents, -viceroys, and superintendents was modified, as already mentioned, -by the reform of August 24, 1799. The new law provided that the -court, instead of the new governor, should appoint the examining -judge. The latter was no longer empowered to pronounce sentence of -any sort. He was only to conduct the investigation in the future, -remitting the autos of the case to the Council of the Indies -for final determination and sentence. [266] Again, on March 16, -1797, the royal order of December 30, 1777, was re-enacted and the -practice was revived of deducting annually one-fifth of the salaries -of officials whose incomes were 8000 pesos a year or more. [267] -This law was again promulgated on January 18, 1848. Its purpose was -to secure the retention of a sufficient sum of money to guarantee -all losses incident to the residencia. It apparently continued in -force until July 7, 1860, when governors and captains-general were -declared exempt from these discounts. [268] - -We shall now examine more particularly the jurisdiction of the -audiencia over the residencias of minor officials of the colony. It -has already been pointed out that the residencias of provincial -judges and governors, alcaldes ordinarios and reales oficiales were -taken by judges appointed by the president of the audiencia, with -appeal to the tribunal. These cases, under certain circumstances, -might be taken on second appeal to the Council of the Indies. The -practice in these investigations may be best understood by noting the -development of the law regarding them, for, as we have already noted, -the residencia was the product of years of administrative experience, -during which various methods were tried, and rejected or adopted as -they were found respectively inadvisable or efficacious. - -The earliest cédula on the subject, that of November 17, 1526, ordered -that the audiencia should try all appeals from judges of residencia, -wherein the amount involved did not exceed 600 pesos. A law of Philip -II, dated 1563, forbade viceroys, presidents, and audiencias from -sending judges of residencia or other investigators against judges of -provinces, unless complaint had been lodged against those officials by -a person willing to post bonds and pay the costs in case the charges -proved to be false. [269] - -The cédula of September 3, 1565, laid down the principle that the -residencias of officers appointed by viceroys and presidents should be -taken by commission of those who appointed them. [270] As regularly -appointed corregidores and alcaldes mayores held royal commissions, -[271] they did not, according to this law, give residencia to judges -appointed by the governor. The Council of the Indies, therefore, -should name judges to investigate the official conduct of its own -appointees. As a matter of fact, however, the Council delegated this -authority to the governor and audiencia. This latter practice was -authorized by a clause in the cédula of September 3, 1565, which -provided that residencias of the officials referred to should be -taken under supervision of the audiencias in the districts wherein -the officials resided. This meant that while the audiencia was not -to interfere in the taking of the residencia itself, the tribunal -was to see that the laws regarding residencias were faithfully -executed. The law of March 11, 1591, ordered that if the conduct of -corregidores, alcaldes mayores, and other magistrates demanded that -their residencias should be taken before the completion of their term -of office, the viceroys, presidents, or governors should appoint judges -for the purpose. [272] Nothing was said in this cédula relative to -the authority of the audiencia in this matter, but the law of January -19, 1608, gave to the audiencia the right to try residencia cases on -appeal from the sentences of these special judges. - -The laws of June 3 and June 19, 1620, provided that the governor -and audiencia should decide in acuerdo whether the residencia of a -gobernador, corregidor, or an alcalde mayor should be taken. Neither -the governor nor the audiencia was to have complete authority in -the matter, but each should participate, the audiencia assisting in -the decision as to whether the case merited investigation and the -governor making out the commission and appointing the judge if an -investigation were necessary. The audiencia, alone, was authorized -to appoint judges of residencia for judicial officers only. [273] -The interference of the audiencia in the residencias of governors, -corregidores, alcaldes mayores, and other justices and ministers -provided by royal appointment was definitely forbidden by the cédula -of April 20, 1639, as this jurisdiction was declared to belong to -the Council of the Indies. [274] Although we have evidence that -the Council did exercise such jurisdiction, it was always on review -of cases appealed from the audiencias. While the above prohibition -forbade the audiencia from taking the residencias of these officials -it did not restrain the tribunal from participating in the decision -as to whether a residencia should be taken, or in the review of the -autos of residencia. - -An illustration of the intervention of the Council of the Indies -in residencias of alcaldes mayores is shown in the case of Josef -Tormento, alcalde of Caragara. On June 6, 1786, he was sentenced in -residencia to a pecuniary penalty, perpetual deprivation of office, -and two years' exile from Manila. This sentence was confirmed in -review by the audiencia on October 8 of the same year. The Council -modified this sentence, however, approving the fine, but cancelling -the other provisions. [275] In 1803 the incumbent of the same post, -Antonio Mateo, was incarcerated by order of the audiencia, pending -investigation of the charge made against him that he had used -the funds of his office for private trade. It was shown, however, -that this official knew the location of a quicksilver deposit of -great value, whereupon the governor had him removed from prison, -ordering the suspension of the charges against him, notwithstanding -the protests of the oidores. The fiscal concurred in the action of -the governor. The audiencia appealed the case to the Council of the -Indies, alleging conspiracy between the governor and the fiscal. The -Council, however, on examination of the case, approved their action, -ordered the charges to be dismissed, and gave directions that the -alcalde mayor should be restored to his former position or given -another of equal category as soon as possible. [276] - -Although the cédula of August 24, 1799, gave the audiencia the right -to conduct the residencias of corregidores and alcaldes mayores, this -case involved certain interesting features which should be pointed out -in this connection. In the first place, it shows the manner in which -the Council of the Indies exercised ultimate authority in matters of -residencia. Again, it reveals the influence which the fiscal and even -the governor might have in determining whether suit should be brought, -[277] and finally it indicates that expediency might constitute an -important factor in the ultimate results of a case of this kind. - -The practice of granting jurisdiction over the residencia of an -official to the authority that appointed him seems to have been -followed repeatedly. This principle was enunciated in the cédula of -August 20, 1758, but on August 8, 1764, a royal decree authorized -viceroys and presidents to name judges of residencia for all officials -holding royal appointments, with the condition that the autos should -be forwarded to the Council of the Indies. This law was repealed on -April 23, 1769. [278] - -The cédula of August 24, 1799, which has been mentioned several times -in this chapter, was a reform of the greatest importance in the history -of the residencia. Prior to its promulgation, all officials had to -give residencia, but this law abolished that universal requirement. It -provided that residencias of corregidores, alcaldes mayores, and -subdelegate-intendants should be taken only when charges had been -made against them. This might occur at any time during their term of -office, or at the close of their service. These investigations had to -be concluded within four months, but if charges were not made against -an official his past record was not investigated. - -The length of time consumed in all residencias except those of -viceroys was limited to four months. The period allotted for these -investigations was divided into two parts. [279] During the first half, -edicts or notices of residencia were posted throughout the district -of the official concerned. These were printed in Spanish and in the -common dialect, so that natives and others concerned might read and -know that the official was giving up his post and that charges might -be brought against him, setting forth any misconduct, undue harshness, -tyranny or dishonesty of which he had been guilty during his term -of office. These notices invited them to register any complaints -which they might wish to make and gave them sixty days in which to -do it. At the close of this period the judge of residencia opened an -investigation in the town wherein the official under examination had -resided, usually the capital of the province. The actual trial of -residencia might consume sixty days, or it might be perfunctory in -its character and occupy a much shorter period, the entire question -of time depending on the amount of evidence presented against the -retiring official. On the other hand, as we have seen, the residencia -of a governor might occupy ten years. - -If the judge were taking a residencia in the provinces he was -frequently delayed in arriving at his post of duty, owing to the -pressure of other business, or to the uncertainty of transportation -facilities. In that event, he could not open the judicial investigation -until the allotted period had almost transpired. - -In the trial, two distinct lines of investigation were usually pursued: -charges which had been made against the official were investigated -and the records of his office were examined. The discovery was -frequently made through this procedure that the official had embezzled -money belonging to the government, usually investing it in private -ventures. The inquiry might show that he had been careless in the -execution of the duties of his office, remiss in his attention to -encomiendas, particularly neglecting the Indians thereon, or too -ignorant and incompetent to try properly, record, and transmit the -autos of the cases which had come to him in first instance. These -defects might not become apparent until they were revealed in this -examination. - -The judge of residencia would seem to have been well occupied during -the time that he was conducting the investigation. He received and -reviewed all charges made. In addition to auditing the records of -the office, he had to pursue inquiries as to the truth of these -charges. He examined witnesses both for and against the defendant, -and was supposed to give the official under investigation every -opportunity to defend himself. He was relieved, however, of the -trouble and responsibility of checking up the financial accounts of the -official under residencia. This important matter was turned over to the -treasury officials, who ascertained shortages, and held the bondsmen -of the official under investigation responsible. [280] The judges -of residencia, and the oidores making investigations and reviewing -cases of residencia were ordered to confine their examinations to -"criminal and legal matters and charges which result against those -under residencia." [281] - -After all the evidence had been taken and the case had been duly tried, -the judge of residencia was authorized to render sentence. Sentences -were executed by the examining judge if the penalty did not -exceed twenty-five thousand maravedís. The latter cases were not -appealable. If the fine were less than two hundred ducats and the -defendant desired to appeal, he was obliged to pay the fine or deposit -the amount thereof. His case would then be reviewed by the audiencia -and in order to effect this, notice of appeal had to be submitted in -sufficient time to permit the record of the entire case to be reduced -to writing. If, on review, the audiencia found that the defendant -was not guilty of the charges which had been brought against him, -the money taken as a fine or deposit was restored. If the amount -of the fine exceeded two hundred ducats, or if the defendant had -been convicted of serious crimes, the judge was authorized to take -the proper and necessary steps for the detention of the prisoner -and the seizure of his property pending a new trial in the higher -tribunal. [282] Cases involving more than one thousand pesos could -be carried to the Council of the Indies. - -A thoroughly typical case, illustrating all of the ramifications of -a provincial official's residencia, was that of Francisco Fernández -Zéndera, alcalde mayor and military captain of the province of -Ilocos. [283] It was investigated first by a judge appointed by the -acuerdo, it was reviewed by the audiencia and it was finally carried -to the Council of the Indies. It was characteristic in another sense, -namely, in that twelve years passed before the matter was settled. - -After Zéndera had occupied his post three years, complaints against -him were brought to the attention of the fiscal. In his capacity as -prosecuting official and as protector of the Indians, he made a motion -before the audiencia in acuerdo, that a judge of residencia should be -sent to conduct an investigation of Zéndera's official conduct. The -following charges against Zéndera had been sent to the governor, and -on the basis of these, the fiscal, governor, and audiencia decided -to conduct the investigation: First, Zéndera had compelled natives to -work for him on his own estates, building houses, granaries, fences, -tilling the soil and planting crops, from two hundred to three hundred -men having worked for him continually, without pay or food; second, -the arbitrary methods of this alcalde mayor left the natives without -money with which to buy their food or to pay their tribute; third, -not only were the men forced to labor, but the women were obliged to -sew, spin and embroider without pay, and the product of their labor -was confiscated by the alcalde mayor. - -The audiencia and the governor, in acuerdo, having taken note of -these charges, commissioned Angel Moguel, chief secretary of the -government, to conduct the residencia of the alcalde. Moguel was put in -possession of the necessary documents and departed at once for Vigán, -the head city of the province. On November 7, 1782, he posted notices -to the effect that Zéndera's residencia was to be taken, calling on -the residents to make formal charges against him. Moguel suspended -Zéndera from office and accepted 20,000 pesos from two of his friends -as bonds to cover the residencia, this sum offsetting the valuation of -the properties for which Zéndera was responsible. These were additional -to other bonds which Zéndera had posted on his accession to office. - -For some unassigned reason, only twenty-five days were allowed for the -filing of complaints, but during this time eighty-eight charges were -made, most of which were variations of those mentioned above. Zéndera -was said to have been uncompromising in his administration of justice; -he had imposed excessive fines; he had imprisoned the natives without -giving them opportunities for defense; he had refused to allow them -to appeal their cases. [284] Not being a lawyer, he lacked sufficient -qualifications for the proper conduct of trials; moreover he had -refused to employ a teniente or asesor. He had failed to supervise -and enforce the instruction of Spanish, and he had done nothing to -assist in the education of the natives. Zéndera was charged with -having suppressed all commerce except his own, going so far as to -arrest merchants of other provinces who came to Ilocos to trade. This -he had done to secure his own monopoly in commercial matters. He had, -moreover, suppressed the trade of the Ilocanos with the Igorrotes. He -had failed to segregate the men from the women in the provincial -prison. It was said that he had neglected to publish the governor's -edicts (bandos) from Manila. He had shown partiality to Spanish priests -in preference to the native clergy. He was charged with having taken -rice as tribute at a low price, turning it over to the treasury -officials at a higher rate, thereby making great profits for himself. - -Zéndera was found guilty of almost every charge made against him. The -sentence of residencia was pronounced by the judge commissioned for -the purpose on August 13, 1782. The defendant was fined 8000 pesos and -sentenced to deprivation of office for a period of eight years. [285] -The audiencia, in turn, reviewed the case, and that tribunal, on May -20, 1783, finding the autos of the case incomplete, ordered Moguel -back to Vigán for a second time to complete the investigation. The -judgment of residencia after this second investigation was made was -the same as before, and the case was carried to the Council of the -Indies on November 7, 1785. It seems that in this case the audiencia -was somewhat slow in granting the appeal, for on February 19, 1788, -a cédula was expedited which ordered the audiencia to forward all the -autos in its possession bearing on the case. The final judgment of the -Council of the Indies was rendered March 23, 1794. The fine of 8000 -pesos was reduced to 3000 pesos, and the portion of the sentence which -had ordered a deprivation of office was remitted altogether. [286] - -The cédula of August 24, 1799, already referred to, greatly altered -the applicability of the residencias to provincial as well as -insular officials. Its greatest importance was due to the fact that -it authorized investigations of corregidores, alcaldes mayores, -and sub-delegate intendants only when charges were made against -them; otherwise it was assumed that their official conduct had been -satisfactory, and accordingly no residencias were held. Before the -officials could be transferred to other posts they were obliged to -show certificates of clearance from former positions. The audiencia -was given final jurisdiction over the residencias of these officials, -with inhibition of appeal. At the same time the tribunal was denied -jurisdiction in any instance over the residencias of viceroys, -captains-general, presidents, governors, treasury officials, oidores, -and intendants. [287] After the suppression of the Council of the -Indies on March 24, 1834, the latter cases were finished in the -Supreme Tribunal of Justice, and that tribunal continued to exercise -this jurisdiction till the close of the nineteenth century. [288] - -The cédula above referred to abolished the residencias of tenientes -letrados, alcaldes ordinarios, regidores, clerks, procurators, -syndics, alguaciles, and other minor officials. In place of the formal -investigation and judgment after the term of office was completed, -the audiencia was given more complete control over their official acts, -with the duty of seeing that justice was administered, jails inspected -and kept clean, prisoners given a speedy trial and not molested with -undue exactions, and the police supervised. The tribunal was also -empowered to see that the ayuntamientos conducted their elections -impartially and that the municipal officials executed their duties -faithfully. In this way the formal investigation at the close of -the term of these minor officials was replaced by a more efficient -supervision of their acts by the audiencia. The constitutional -reforms of the early nineteenth century gave to the audiencia original -jurisdiction over the trial of judges of first instance, with appeal -to the Supreme Tribunal of Justice. This authority was suppressed -in 1815, and continued so until 1835, when it was restored to the -audiencias of the colonies. - -Although the reform of August 24, 1799, recognized the residencias of -alcaldes mayores, tenientes, and corregidores, merely transferring -jurisdiction over these to the audiencias, it would seem that this -investigation retained less of its former severity from this time -onwards. In fact, some authorities infer that the residencia was -abolished after 1799. [289] This was not the case, however, as the -residencia was recognized by laws promulgated as lately as 1870. [290] - -The audiencia also had jurisdiction over the residencias of galleon -officials. These had to submit to residencia at the termination of each -voyage. An oidor was designated by the governor for the inspection of -the ship, for the examination of its papers, for the consideration -of complaints against the officers of ill-treatment of passengers -and crews during the voyage. [291] An investigation was conducted on -the occasion of the loss of a ship. Then a thorough inquiry was made -in an endeavor to discover negligence on the part of the admiral, -general, or other officials. The exercise of a similar authority -over cases involving the loss of galleons has been discussed in the -preceding chapter. - -In pursuance of this authority, Magistrate Torralba was commissioned -in 1710 to take the residencia of the officers of the galleon "Nuestra -Señora del Rosario y San Vicente Ferrer", which was wrecked in the -Straits of San Bernardino on the voyage from Acapulco in 1709. [292] -As great diligence had been shown by them in landing the treasure and -sending it overland, the matter was dropped. A similar investigation -was conducted in 1743 in the case of the galleon "Cobadonga", which -was captured by the British. The charge was made that neither the -"Cobadonga" nor her convoy, "El Pilar", had offered any resistance, -and that the latter had deserted the galleon and had taken refuge -in flight. [293] The officers were arrested and thrown into prison -on charges brought by the fiscal, but they were cleared in the -investigation which proved that the ships were not in a condition -to fight. - -The various laws and cases which have been cited in this chapter show -that the trial of residencia of captains-general, treasury officials, -oidores, intendants, alcaldes mayores, and alcaldes ordinarios was -a judicial function over which the audiencia had a large share of -authority. It is safe to say that no residencia was ever taken in -the Philippines, after the audiencia had been established there, -in which that tribunal did not exercise some degree of authority. As -the laws and regulations of the residencia varied at different times, -the extent of the jurisdiction of the audiencia in this matter was -not always the same. The audiencia either assisted in the examination -of the charges or in the designation of the judge. The magistrate -selected was usually an oidor. Oidores were liable to designation to -conduct inquiries, and the audiencia, as a tribunal, tried these cases -in review. The tribunal exercised supervision over the work of the -investigating judge. The case was either finished in the audiencia, -or reviewed there and appealed to the Council of the Indies through -the action of the audiencia. The Council of the Indies was the supreme -arbiter in all cases, prior to 1799. Subsequently the Council, or the -Supreme Tribunal of Justice after 1834, retained final jurisdiction -over the residencias of the higher officials only. In the residencias -of provincial or local officials the jurisdiction of the audiencia -was final. - - - - - - - -CHAPTER V - -THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA. - - -Aside from the activities which have been described, the magistrates -of the audiencia rendered important services in various administrative -capacities. From the beginning until the end of the eighteenth century -the oidores were assigned to special commissions or judgeships with -jurisdiction over such miscellaneous secular and ecclesiastical matters -as did not come readily under any other department or authority. In -practically all cases these functions involved the oidores in their -individual capacities rather than as magistrates of a tribunal of -justice. Though their work was independent of the audiencia, their -decisions were reviewed in the audiencia in many cases. In short, it -may be said that when any unforeseen or unclassified matter came up -for solution, it was usually assigned to a magistrate of the audiencia. - -The exercise of these extra functions was especially characteristic -of the history of the audiencia down to 1785, when the reforms -of the intendancy were introduced throughout the Spanish colonial -empire. These important reforms grouped these administrative functions -about a central head, the superintendent, and lessened the duties -of the oidores in these matters, confining the magistrates more -particularly to judicial duties. It may be said, however, that the -oidores exercised these extra functions practically till the end of -the eighteenth century, which period comprised the greater part of -the existence of the colonial audiencia. - -The laws of the Indies empowered the president of the audiencia -to designate oidores to serve on these commissions. Additional -compensation and travelling expenses were given for these extra -services. [294] The president was forbidden to send magistrates on -commissions to places outside the district of the audiencia, which, of -course, would have been impossible in the Philippines. Appointment to -some of these commissions was considered by the magistrates as highly -desirable. Frequent disagreements arose over these appointments, and -the king was obliged to issue pacificatory cédulas, from time to time, -to allay the discord and strife which arose over the appointments -to the more lucrative of these places. The principle was laid down -repeatedly that special commissions should be assigned fairly among -the ministers, and that in their distribution only the aptitude of -the magistrates for the particular tasks should be considered. [295] -The term of service for these special posts was a year. No change was -allowed in the incumbency of a particular commission unless on account -of death, sickness, or removal for incompetency. Appointments to these -extra duties were made in the royal name, and appointees were obliged -to make reports to the court on the termination of the commission -held. Magistrates were held responsible for their service in this -capacity in their residencias. In large audiencias such as Mexico, -Lima, and Buenos Ayres in the eighteenth century, many commissions -of this character were served by regular commissioners who held no -other posts, but in the smaller colonies such as the Philippines, -Puerto Rico, and Cuba, they were held by oidores when the duties -connected with the commissions did not entail sufficient work to -occupy all the time of the appointee. - -The most important and profitable commissions were awarded to the -senior magistrate of the audiencia. He was charged permanently with -the duty of seeing that all the decrees, fines, and decisions of -the Council of the Indies were executed, collections being made -in accordance with the instructions of that body. These included -fines imposed in residencia and other penalties exacted on different -occasions by the audiencia, or by the Council of the Indies. Among -the latter were confiscations of property and fines for smuggling, -for the illegal exportation of silver, and for the evasion of the -king's fifth, [296] the alcabala and the almojarifazgo. The senior -magistrate was authorized to retain as compensation three per cent -of the amount collected, and he was ordered to give account to the -audiencia of collections made by him in accordance with the law. [297] -Another magistrate was asesor of the Santa Cruzada, and it was his duty -to give legal advice and to act as special attorney for that department -of ecclesiastical activity. [298] The president, fiscal, and the senior -oidor concurred in the acuerdos which treated of matters pertaining to -real hacienda. [299] This was known as the junta ordinaria. A tribunal -of appeals above the junta ordinaria was created later, and in its -activities, also, the magistrates of the audiencia participated. [300] -The audiencia also heard judicially certain cases of appeal involving -the royal treasury, but magistrates who had participated in the junta -mentioned above were not allowed to hear again the cases in which -their previous vote had been given. Each oidor served in turn for the -period of six months on the board of auctions. [301] Magistrates were -appointed by the governor, yearly, in turn, to serve as inspectors -of the government. In this capacity they were expected to examine -and report on the administration of justice and on the work of the -audiencia, the royal treasury and the officials connected therewith, -visitors, provincial officials and those of the city of Manila. The -inspecting magistrate was authorized to examine the records of these -officials and to use any other legitimate means in performance of -his special duties. [302] - -An oidor was designated by the president to make periodical inspections -in the provinces. This official had to attend to a variety of matters -while on visits of inspection. He was required to make a census -of the towns, and inquire into the prosperity of the inhabitants; -to audit the accounts of the town officials, and to see whether the -provincial governor or magistrate had been faithful in the execution -of his duties. He was supposed to visit the encomiendas and note the -treatment of the Indians thereon, to find out whether the natives were -properly and sufficiently instructed, or whether they were permitted -to remain in idolatry and idleness. He inspected the churches and -monasteries, seeing that they contained the requisite number of -religious and no more, and noting whether the natives under the charge -of the ecclesiastics were well treated. In the same way he inspected -the curacies of the towns. The visiting oidor was especially required -to give careful attention to the corregidores and alcaldes mayores, -inspecting their judicial and administrative activities and holding -them responsible for any irregularities, especially with regard to -the treatment of the Indians. The visitor was required to inspect -inns and taverns, to ascertain whether they observed the regular -tariffs, and whether the drugs sold in the provinces were of good -quality. He also inspected highways and bridges. If the visitor -found anything wrong he was authorized to take immediate steps, on -his own responsibility, to remedy the defects, reporting any action -taken to the audiencia without delay. As seen in the last chapter, -the immediate consequence of the visit was frequently the residencia -of the official inspected. The visitor was provided with sufficient -funds to defray his expenses, so that he would not be a burden on the -encomenderos or Indians. The president of the audiencia was forbidden -to order visits to the same province more frequently than once every -three years, unless, after an investigation, such action was declared -necessary by vote of the acuerdo. [303] - -The audiencia exercised supervision over certain matters of church -finance. These included tithes, the funds of temporalities, and of -certain charitable societies, and jurisdiction over the adjustment of -estates and properties left by deceased prelates. In connection with -the latter was the duty of auditing the accounts of benefices which -were subject to the royal patronage whenever a transfer of occupants -was made. These matters, though miscellaneous in their character, -and accordingly pertinent here, may be reserved for a subsequent -chapter which will be dedicated to a discussion of the relations of -the audiencia and the Church. - -An oidor in the Philippines served as judge of medias anatas. [304] -These taxes were levied upon the salaries of all officials of -royal appointment, except ecclesiastics, these exactions varying in -amount from one-half the first year's income to one-tenth of the -gross salary of each official. The cédula of June 2, 1632, [305] -ordered the judge-commissioner of medias anatas to surrender the -money which he had collected to the treasury officials who in turn -were to transmit it to Spain. [306] More definite information as to -the nature of the duties of the judge-commissioner of these funds may -be gathered from the cédula of December 14, 1776, by which Oidor Félix -Díaz Quejada y Obrero was appointed as commissioner of medias anatas in -the Philippines. This magistrate was authorized to retain four per cent -of all that he collected. This percentage, the cédula stated, was the -same as was paid to the commissioner of medias anatas of New Spain. The -cédula ordered Quejada to collect this tax from all royal appointees, -but not from governors of towns or Indian caciques who were elected -yearly, and who, of course, were not royal appointees. Appeals from -judgments of the commissioner of medias anatas were to be entertained -in the Council of the Indies only, and not in the audiencia. [307] - -It has been pointed out already in this chapter that the effect -of the reforms of the intendancy was to limit the jurisdiction of -the oidores over special commissions. This is especially true of -those relating to finance. An illustration of this is shown in the -disputes which occurred between the oidores and the governor, over -the conservatorships of betel, [308] wine, tobacco, playing-cards, -and cockpits. When these sources of income developed in the latter -part of the seventeenth century, their supervision, as usual, had been -conferred on oidores with title of asesores or jueces-conservadores -(judge conservators). [309] This was done in disregard of the laws of -the Indies, wherein was expressed the desirability of conferring these -assessorships, if possible, on properly qualified officials, other -than oidores. The magistrate holding a commission was to attend to -the legal duties and adjudicate all suits in connection therewith. The -latter regulation was made in order that when the cases were brought -to trial the magistrate might not be incapacitated by having rendered -decisions in them ahead. The law continued in the following strain: - - - when a case so urgent and extraordinary offers itself that an - oidor must be appointed, warning is hereby given that ... the same - magistrate who tried the case originally may not be judge. [310] - - -This law conceded that oidores might serve when other magistrates -were not available. - -Governor Marquina, superintendente subdelegado de real hacienda from -1789 to 1793, refused to permit oidores to serve as asesores of the -monopolies of betel, wine, and tobacco. These magistrates claimed, -however, that they were entitled to the appointments, since they -had occupied these positions before July 26, 1784, the date of the -creation of the intendancy in the Philippines. They conceded that -they had been relieved of jurisdiction over these rents on that date, -and that the authority formerly exercised by them had been assumed by -the intendant. [311] By the cédula of November 23, 1787, however, the -intendancy had been abolished and the government restored to "the state -and condition which had previously existed." [312] This would mean -that the oidores should again hold these asesorías, and on the basis -of this reasoning they demanded that the governor should return them. - -The oidores did not tamely submit to a deprivation of their posts as -asesores on the occasion of the establishment of the intendancy. They -complained to the king, alleging that these appointments belonged -to them by their own right. The king inquired of Governor Basco y -Vargas why the oidores had not been designated for these duties. The -governor replied that the supervision of the rents had been assumed by -the intendant, but that their direction belonged at that time to the -governor and superintendent, by virtue of the cédula of November 23, -1787. [313] He stated that the oidores had no right of their own to -these asesorías, since the faculty of appointing asesores had been -conferred on the governor (or viceroy) by the laws of the Indies, -[314] and in times past governors had appointed lawyers who were not -oidores. There was therefore no obligation on the part of the governor -to give these places to oidores; indeed, the laws of the Indies had -emphasized the undesirability of doing so. [315] - -Basco y Vargas, in pursuance of this conception of his rights and -duties, combined all of these asesorías under the direction of one -office, placing them under the orders of his own asesor, leaving -oidores in charge of each minor asesoría, except that of tobacco, -which was placed under the immediate direction of the governor's -asesor. The king approved this action, giving the new official a -new title, that of asesor de todo lo directivo y lo económico de la -superintendencia subdelegada de la real hacienda de Filipinas. [316] -The local authority appointed Magistrate Castillo y Negrete to this -new position at once, but the king, on the ground that the law [317] -forbade an oidor to hold such an office, disapproved of the appointment -and gave the place to Rufino de Rivera, who had formerly been auditor -de guerra and asesor de gobierno. - -As soon as Governor Marquina assumed office, he relieved the -magistrates of the audiencia of all share in the administration of -these monopolies, combining all these branches of real hacienda under -the asesor above mentioned. On August 3, 1791, the audiencia protested -against the acts of the governor, basing its claims to a continuance -of authority on the cédula of March 20, 1790, by which the king had -authorized the oidores to administer all the monopolies except tobacco. - -On August 16, 1791, Governor Marquina answered the complaint of the -audiencia in a memorial of his own, in which he set forth his position -in summarized form, giving a history of the entire contention, -and defining his position with precision and clarity. [318] He -claimed that the cédulas which had been issued up to that time had -recognized the right of the governor to dispose of these asesorías, -which did not and never had belonged to the oidores by their own -right. As superintendent of real hacienda, he (the governor) was -judge-conservator of all the asesorías, and by cédula of March 20, -1790, he had been authorized to control them through his asesor. The -latter official had also been ordered to administer the rent of tobacco -directly as the agent of the governor and to supervise the others -in the governor's name. The oidores had been forbidden to hold these -positions, except under exceptional circumstances, which, in Marquina's -judgment, did not exist at this time, [319] since there was present -in the colony a special asesor whose duty it was to supervise these -monopolies. The audiencia would have to try certain cases on appeal -as a judicial body, and oidores who had already rendered decisions -as judge-conservators could not justly render decisions when the same -cases were appealed. He declared that he had the approval of the king -in his contention, and was therefore confident of his position. - -The governor's will prevailed, and the magistrates were deprived of -the commissions which they had formerly held; these were given over -to regular officials of real hacienda. Contentious cases, however, -that did not pertain exclusively to finance were tried on appeal -in the audiencia and that body exercised regular, but not special, -jurisdiction in them thereafter. - -One of the most important offices which the oidores were called on -to perform was that of juez de difuntos. The duties of this office -consisted largely in the administration of the funds and property -of persons who died intestate, or without heirs in the colony. This -work was entrusted to the colonial audiencia as a body in 1526, -and any judge therein might be delegated from the tribunal for the -adjustment of an estate. - -The first law providing for a special administrator was proclaimed -at Valladolid on April 16, 1550. It stated that many of the heirs of -persons who died in the colonies had been defrauded of their rightful -dues by the carelessness, omission, illegal procedure, and usurpation -of the ministers who had diverted the property to their own uses; this -condition of affairs made reform imperative. Viceroys and presidents -of royal audiencias, while retaining power of removal for cause, -were commanded henceforth to name, at the beginning of each year, -an oidor from the local audiencia to act as juez de difuntos. [320] -This judge was authorized to collect, administer, rent, sell, and -have general supervision over the property of deceased persons to -the same extent that the audiencia previously had. The acts of the -judge were appealable to the audiencia of the district wherein he -officiated. On December 15, 1609, a law was proclaimed by Philip -III which extended the term of this judge from one to two years. The -early laws provided no extra salary for the juez de difuntos. It was -prescribed that his decisions should be respected by the audiencia and -by the other officials of the government, the viceroys and presidents -being especially instructed not to allow any other official to usurp -his functions. - -In case the juez de difuntos should fail to execute his duties, -or should exceed his powers, it was the duty of the fiscal to bring -the abuse to the attention of the audiencia, and that tribunal was -supposed to see that the proper methods were enforced. The jurisdiction -of this special magistrate was to extend to the settling of the -estates of intestates, and of testates leaving property to persons in -Spain. His authority was valid over the property of deceased officials, -merchants, and encomenderos, and it might be extended to the cases -of foreigners. He also assisted in the disposal of property left -by clerics. When the latter died intestate, the proceeds of their -estates were added to the fund known as the bienes de difuntos. No -distinction was made between property left by them and that left -by civil employees of the government or private citizens. If these -priests had made testaments, it was the duty of the juez de difuntos -to see that the property reached the donees without the interference -of the prelates. [321] - -As in other cases noted in this and in former chapters, so in the -administration of the estates left by intestate decedents the laws -seem to have undergone considerable change. In 1526, Charles V ordered -that such estates were to be administered under the supervision of the -audiencia. In 1550, the place of special juez de difuntos was created -in each audiencia, the post to be filled by a magistrate designated -by the president. In 1653, Philip IV added to the importance of the -office by decreeing that all intestate cases should be administered by -a special juez de difuntos, irrespective as to whether the heirs were -in Spain, or at the place where the death took place. [322] This law -provided that if children or descendants were left whose legitimacy -was unquestioned, the heirs being in the colony, or if a will legally -attested and witnessed were left, the case was to be settled in the -ordinary courts. If there were doubt, however, as to the validity -of the claims of persons representing themselves as descendants, or -if there were no heirs, the case would then be administered by the -juez de difuntos. Settlements made by the ordinary justices were not -reviewed in the royal audiencia. The authority accorded them frequently -afforded pretexts for their intervention in cases which should have -been settled by the juez de difuntos, particularly when heirs were -left in Spain and in other colonies. A number of disagreements arose -over this point, but all doubt was conclusively settled by the cédula -of January 31, 1772, which awarded such jurisdiction to the juez -de difuntos. [323] This was confirmed by the law of September 28, -1797. Foreigners residing outside the dominions were not allowed to -inherit property left to them in the colonies, even though they were -lineal descendants. [324] Heirs or others claiming property left by -deceased persons must appear in person, or have others appear for -them, properly authorized, and must prove conclusively their rights -as heirs or creditors. - -The cédula of September 28, 1797, was a codification and a -reclassification of all previous laws on the subject of this -jurisdiction. The provisions of this law, briefly stated, were as -follows: (1) These judges should not under any circumstances have -jurisdiction over property left by will, or without will, when the -heirs were present and when there was no question of their right to the -property. (2) In order that these judges have power of intervention, -it must be well known or appear by judicial process that either all -the heirs or the greater number of them were absent. (3) They were not -to have jurisdiction over property left by Indians or caciques. (4) -They should not usually have authority to settle up the estates or -property of native clerics, because their heirs would presumably be -present. These cases were therefore subject to the jurisdiction of -the ordinary courts, unless it were shown that there were heirs in -Spain. Under no circumstances should the ecclesiastical authorities -have intervention in these cases. (5) When the heirs were present, the -audiencia was ordered to enforce the law which forbade the intervention -of both the juez de difuntos and the ordinary judge. [325] In these -cases the heirs were allowed to assume their property intact, without -its being sold and thereby costs incurred. (6) The practice which had -hitherto been followed by the juez de difuntos of diverting a fifth of -the property of those who died intestate for the repose of the souls -of the dead should cease from that time onward, and the proceeds of -said property should be handed over without deduction to the heirs and -relatives of the deceased, in accordance with the cédula of June 20, -1766. [326] (7) The juez de difuntos was forbidden to intervene in -the settlement of estates or property left to heirs by will. [327] - -It would appear, then, that the oidor detailed as juez de difuntos -had jurisdiction over cases of intestacy, over the settlement of -property when no heirs were apparent, or when there was doubt as to -the existence of heirs, and in cases where the designated testamentary -donees were outside the colony. The ordinary justices administered -estates in two capacities, namely, when testaments were to be executed, -the heirs being present, or when they acted as agents for the juez -de difuntos. The latter was privileged to call upon the corregidores, -alcaldes mayores, and other ordinary justices to execute provisions in -the provinces, and these officials were obliged, when so designated, -to settle estates subject to the supervision of the juez. [328] - -When the heirs were resident in Spain, or in some colony other than -the Philippines, the estates of deceased persons were sold and the -money was set aside to be remitted to Spain. The collective sum of -these properties, sold and unsold, was designated as the bienes de -difuntos. [329] At stated periods the juez de difuntos was required to -turn over the funds that he had collected, or received in the execution -of his duties, to the oficiales reales, first deducting three per -cent of their gross amount for his services. [330] His accounts, -which were sent to the Council of the Indies, were also audited by -these officials, and the audiencia likewise held him accountable for -any abuses or errors other than financial. He was also held responsible -in his residencia. The fiscal was his prosecutor in case of suit. The -juez de difuntos, on his part, was authorized to require reports -from the agents and administrators who served him in the provinces, -and all necessary safeguards were taken for his protection. [331] - -Theoretically, the juez de difuntos, acting through the oficiales -reales, sent such money as he had collected to the Casa de Contratación -of Seville, or, after June 18, 1790, the date of the extinction of -that body, to the juez de arribadas in Cádiz. [332] Thence it was -distributed among the heirs in various parts of Spain, or, in case -no heirs were found, it was to remain in a fund by itself, until -otherwise appropriated or disposed of by the crown. The money was sent -at the risk of the heirs, eighteen per cent of the gross amount being -deducted to pay the costs of transfer. [333] In actual practice, -however, the funds derived from the Philippines were retained at -Manila, itemized accounts of them being forwarded to Acapulco, the -proper amount being deducted there from the annual subsidy. [334] -This rendered unnecessary the actual transfer of money. The juez de -difuntos in Mexico received the funds from the Philippines, together -with reports and accounts relating thereto, and remitted them to -Spain. There occurred many instances in which this magistrate in -Mexico found mistakes in the reports rendered by his subordinate -in Manila. A great deal of criticism was made from time to time, of -alleged irregularities in the administration of these funds in the -Philippines; in fact, successive royal cédulas repeatedly charged -the Philippine officials with maladministration. [335] The general -superintendent of finance, Aparici, in a report to the Council, -stated on July 19, 1797, that these funds had never been properly -accounted for, and that glaring defects--even dishonesty, had always -existed. [336] These faults, he alleged, were owing to the fact that -the funds were not directly administered, but were paid into the -treasury of Mexico, and that because of this roundabout method direct -control could not be exercised. Although this high official pointed -out these defects and made recommendations for the betterment of the -service, no change was made, and the funds continued to be remitted -to Mexico until 1815, when the suspension of the regular galleon -eliminated the possibility of this practice. [337] - -The juez de difuntos was frequently opposed in the exercise of his -special jurisdiction by other officials of the colony. Many cases -involving these conflicts of jurisdiction were appealed to the Council -of the Indies. Among the most frequent were the quarrels which took -place between the captain-general and the juez de difuntos over -the question of the special military jurisdiction of the latter, -and the claim of the juez de difuntos to administer the property -of military and galleon officials. For example, on July 6, 1757, -the juez appealed to the Council for jurisdiction over the property -of a deceased galleon official on the basis of the rights conceded to -him by the laws of the Indies; [338] the governor claimed the right to -administer this property on the ground that the galleon officials were -appointed by him, and that they were held by the laws of the Indies -to be under the military jurisdiction. This case was decided in favor -of the juez de difuntos, and may be considered as having established -a precedent for his subsequent jurisdiction over such cases. [339] - -Probably the most notable case of conflict between the civil and -military jurisdictions and one which involved the juez de difuntos -occurred at the time of the death of the lieutenant-governor and king's -lieutenant, Pedro Sarrio. The latter had left his property by will to -his brother, the Marqués de Algorja, a resident of Alicante. He had -appointed a resident of Manila as executor. The governor claimed that -the right to administer the property belonged to the executor. The -juez de difuntos, on the ground that Sarrio had left heirs in Spain, -contended that the funds should be administered by him, as the executor -did not have authority to transmit the property to Spain. This case -was carried to the Council of the Indies; no record appears of its -ultimate solution, but it is illustrative of the commonly accepted -principle that the juez de difuntos should have authority over the -administration of all property which had to be transmitted to Spain for -distribution among heirs. [340] The governor's contention against it -was based on the fact that Sarrio was a military official. As we have -already seen, the law of August 29, 1798, authorized the settlement -of the property of soldiers by special military courts. [341] - -Other sources of frequent dispute were the respective claims of the -juez de difuntos and the oficiales reales for jurisdiction over -property left by persons who were indebted to the royal treasury -at the time of their death. On the occasion of the death of the -corregidores of Tondo and Ilocos, in 1776 and 1778, respectively, -without having made wills, the oficiales reales took steps to make an -immediate seizure of the property of the deceased officials. They -demanded that all documents and papers pertaining to the cases -should be surrendered at once into their hands in order that the -amount owing to the government might be collected. Governor Basco y -Vargas interposed on the ground that since these officials had died -intestate, the settlement of their property should be effected by -the juez de difuntos; it being incumbent upon the oficiales reales -to present the claims to the judge. [342] - -Shortly after this decision had been rendered, the alcalde mayor of -Tayabas died, leaving a deficit of 7000 pesos, and the officials of -the royal treasury immediately brought suit in the audiencia on the -basis of the laws of the Indies for jurisdiction in the case prior -to that of the juez de difuntos. They alleged that the law provided -that the treasury officials should have precedence in collections, -and that debts due to the real hacienda should be settled prior to -all others. Moreover, they claimed that all officials should assist -them in making these collections and that no restrictions should -be placed upon their activities. Further evidence in support of the -contentions of the treasury officials was submitted in the substance -of the royal cédula of April 23, 1770, which declared that these -judges should be entrusted exclusively with the collection of royal -funds. "Furthermore," the cédula stated, "if any case shall arise which -pertains to finance and at the same time to the juez de difuntos, the -latter may not make the advocation, because, however favorable may be -his jurisdiction, that of the royal treasury is more favorable." [343] -The oficiales reales insisted that they should not be required to go -before the juez de difuntos for any purpose, since the laws of the -Indies [344] gave them the power of inspecting the accounts of the juez -de difuntos and of keeping and administering these funds. [345] The -more recent cédula of October 13, 1780, had decreed that the accounts -of the juez de difuntos should be approved by the treasury officials, -and on this basis they were able to advance claims to seniority. - -This dispute, though brought for adjudication before the audiencia, -was not settled by the tribunal. The evidence pertaining to the case -was collected and referred to the Council on December 22, 1786. The -cédula which finally disposed of the matter was issued May 4, 1794, -in the following terms: - - - It is indisputable that the ministers of our real hacienda are - authorized to have jurisdiction over all debtors of my royal - treasury ... with preference to the ordinary jurisdiction of the - juez de difuntos, or to the judge commissioned to settle property - of intestates or to pay creditors; ... the accounts of my real - hacienda shall be settled by my royal judges before the juez de - difuntos may have cognizance. [346] - - -By this decree it was definitely established that the treasury -officials should have precedence over the regular judges in the -settlements of estates of officials and individuals against whom -the royal treasury had claims. After the demands of the government -were paid, those of private individuals might be settled, and it was -ordered that the juez de difuntos, as the champion of individual -claims, should always give precedence to the oficiales reales who -represented the interests of the government. - -The organization for the administration of these funds presented a -complete hierarchy. The actions of the juez de difuntos were subject -to review by the Audiencia of Manila. The funds from the Philippines -were deducted from the subsidy at Acapulco, and forwarded to the Casa -de Contratación of Seville (or the juez de arribadas at Cádiz, after -1790) by the juez de difuntos of Mexico. The heirs in Spain were then -found, and the money transferred to them, less discounts covering costs -of transmission to Spain. In case appeals were made from the decision -or settlement of the juez de difuntos, the records of his proceedings -in the case under consideration were reviewed by the Council of the -Indies. The method of procedure there was to refer these documents and -accounts to the Contaduría General, where all accounts for the Council -were audited and settled, and the recommendations of that tribunal were -accepted. The constitutional reforms of the nineteenth century gave the -audiencia increased authority in the final settlement of these matters, -and its decision was made final in practically all contentious cases, -though, of course, final judgments involving heirs who were resident -in Spain might still be appealed by them to the Council of the Indies -or the Supreme Tribunal of Justice. - -Aside from the activities of the magistrates as members of the juntas -de hacienda, described earlier in this chapter, it would perhaps be -safe to assert that the tribunal exercised general supervision over -financial affairs in the colony until the time of the establishment -of the intendancy (1785-87). Correspondence between the Council of -the Indies and the Audiencia of Manila would seem to indicate that the -magistrates were expected to transmit, and did send, in fact, reports -on colonial finances to the Council of the Indies. Among the reports -of the oidores about twenty of these periodical statements have been -found, covering irregularly the period from 1609 to 1780. No doubt a -complete set exists. These generally embody a detailed audit of the -accounts of the oficiales reales. Numerous commissions were also sent -to the audiencia from time to time, ordering the magistrates to give -special attention to financial affairs, such as the collection of -licenses from Chinese; to see that tithes were efficiently collected -and reported, to see that the tax on metals (mined) was paid, and -offering special rewards in case of apprehension. It has already been -shown that the king on August 8, 1609, asked the audiencia whether -the king's fifth had been commuted to a tenth in the Philippines. On -July 21, 1756, the audiencia reported on the number of ships that -had entered the harbor of Manila during the year before. On May 4, -1760, Francisco Leandro de Viana, the fiscal, charged the merchants -of Manila with wholesale fraud in the payment of the almojarifazgo, -paying only 3% when the law of 1714, then in force, had ordered the -payment of 8%. Viana's report charged the oidores with responsibility -for this deliberate violation of the law, alleging that the oidores -had been profiting thereby. It was on this occasion that the fiscal -recommended the establishment of a consulado at Manila, which would -remove from the magistrates of the audiencia all temptation to use -their positions for private profit in violation of the commercial -laws of the realm. [347] The part played by the magistrates in the -administration of the trade with Acapulco may also be mentioned -here. This will be discussed in a subsequent chapter. [348] - -Apart from the extra duties and commissions already noted, the -audiencia was utilized for a variety of purposes which are too -miscellaneous to be classified, but too important to be omitted -from this discussion. Duplicates of executive orders relating to -subjects far removed from the jurisdiction of the audiencia as a -court, were sent to it, with instructions that the tribunal take -note of numerous matters, such as seeing that the laws were properly -executed, observing the effect of reforms, and reporting on their -availability and adaptability at various times and places. Copies of -new laws relating to civil and ecclesiastical affairs were sent to -the audiencia for its information. - -The above practices were never more prominently evident than during the -constitutional reforms from 1810 to 1823. [349] That period, of course, -was a time of change and stress, and the audiencia seems to have been -regarded as the one stable authority in the Philippines. Cédulas and -executive orders were issued to the audiencia without regard to the -department of government to which they applied. By the cédula of June -14, 1811, the audiencia was made responsible for the execution of all -the orders of the superior government. On March 18, 1812, oaths of -all civil and judicial officials were ordered to be administered by -the audiencia. A royal order was received by the Audiencia of Manila -on January 19, 1813, which forbade the existence of free-masonry in -the Islands. The audiencia was made responsible for the execution -of all these cédulas and decrees. On August 6, 1813, the tribunal -acknowledged receipt of the law of April 25, 1810, which forbade -foreigners to land in the Islands without passports. The audiencia -was again made responsible for the execution of the reforms of 1812, -1815, 1823, 1834, and 1835, by which the entire administrative and -judicial systems of the colony were reorganized. - -The conduct of officials was continually under the observation of -the oidores, and special reports were frequently sent to the Council -from the audiencia in review of the progress of the government in -general, or in elucidation of some special phase of it. [350] A few -more examples of these investigations which were charged upon the -oidores may be reviewed here, together with the reports made by the -magistrates in compliance with royal instructions. - -The king, on August 9, 1609, wrote to the audiencia, asking for -information concerning the truth of a certain report which had come to -him regarding a custom practiced among the natives before the arrival -of the Spaniards, and which was said still to be in operation. It -had been asserted that the children of a free man and a slave woman -would be half-slave and half-free, and the progeny of these children -by subsequent marriage would be classed as a fourth, an eighth, or -a sixteenth slave or free. It was said that the natives recognized -varying degrees of freedom and slavery. The king, in the letter above -referred to, expressed a desire to know the truth of these reports, -and he ordered the audiencia to instruct him fully concerning these -alleged practices and customs. He called attention to the existing law -which forbade Spaniards to hold slaves, and he requested information -as to how great a hold this barbarous custom had upon the natives, -and how it might be eradicated with the least possible inconvenience -and loss. [351] - -The audiencia was required to submit data regularly concerning the -religious orders, showing the number of friars belonging to each order -and designating the provinces that were held by each. The tribunal -was often asked to make recommendations for the regulation of the -religious. As we shall note in a subsequent chapter, one of the regular -duties of the audiencia was to send in a yearly report on the number of -religious arriving in or departing from the Islands. The tribunal had -jurisdiction over the royal colleges and universities; it exercised -supervision over courses of study and instruction given in them, -and the oidores reported concerning these matters from time to time. - -The audiencia kept the court informed as to the number of Spaniards -in the Islands, the occupation of each, and his attitude toward the -government. It reported on the number of Chinese and other foreigners -in the Islands, the amount of tribute paid by the Chinese, and -the extent of the Chinese trade. From time to time the magistrates -were asked by the court to make special reports on these or other -subjects. They were required to report from time to time on the number -and services of the officials of the government, major and subordinate, -whether they were all needed, the quality of their services, and what -reforms could be made to effect greater economy and efficiency. The -audiencia was especially charged with the duty of seeing that the -provincial officials were not so numerous as to be a burden on the -natives. The government realized that oppression of the Indians -would result from the presence of too many Spaniards among them, -and the effort was continually made to limit the number of these -undesirables. The audiencia, in short, was the representative of the -king in all these matters. - -On several occasions the audiencia assumed the initiative, or -assisted materially, in the accomplishment of various functions of an -extraordinary character. It played an important role in checking the -epidemic of smallpox which ravaged the Islands from 1790 to 1794. On -January 18, 1790, Governor Marquina reported that this disease had been -playing havoc with the Indians in various parts of the Islands. [352] -He had raised 2385 pesos by voluntary contributions from different -officials and corporations, and had appointed a committee to administer -the funds. This committee consisted of representatives of the different -religious communities and the consulado, the archbishop, the chief -of the contaduría, the fiscal, the regent and the magistrates of the -audiencia. Soon after this letter was written Marquina's residencia was -taken, and the king, on January 24, 1794, wrote to the regent, asking -him to act as executive of the general committee already appointed -to conduct the campaign against this epidemic, and to report what -progress had been made in combatting it, suggesting that a general -committee of sanitation should be constituted to handle such cases -in the future. [353] - -In the cédula of November 26, 1765, we find another illustration of -the extraordinary functions of the magistrates of the audiencia. The -governor was ordered on this occasion to appoint a committee to -consider ways and means of remedying the damage done to agriculture and -commerce in the Islands as a result of the depredations of the English -upon their occupation of various parts of the Islands. This committee -was to consist of the fiscal as president, the oidores, the chief of -the contaduría, the alcaldes ordinarios of the city, and the alcaldes -mayores of the districts immediately outside the city. It was ordered -to meet at stated periods to discuss and recommend ways and means of -improvement, proper taxation, and other measures calculated to bring -about a revival of agriculture. This committee was the forerunner -of the Sociedad de Amigos del País, which was established during the -administration of Governor José Basco y Vargas. [354] - -The variety of the functions of the audiencia is well illustrated by -a report made on July 20, 1757, in compliance with a royal order of -inquiry as to how much money should be expended by the Philippine -government on the inauguration ceremonies of the governor. [355] -Besides noting an added duty of the tribunal, this is illustrative -of the pomp and ceremony utilized to impress the inhabitants of the -colonies with the grandeur of Spain and her government. After a lengthy -investigation, the audiencia stated in reply that the government of -Perú had been authorized to spend 12,000 pesos in the reception of -a viceroy, while New Spain could spend 8000 pesos. As much as 4000 -pesos had been spent in Manila in times past. Since the Philippines -was a colony of less importance than these, and the governor there -was of inferior rank to the viceroy, and as even these sums were -extravagant, it was the opinion of the tribunal that the government at -Manila should limit itself to an expenditure of 2000 pesos. This may -be considered as an example of the work accomplished by the oidores -in checking the excesses of the other officials and departments of -the government. [356] - -The audiencia had general authority over the inspection and censorship -of books which were printed in the colony or imported. This power was -conceded by a series of laws promulgated at different times from 1556 -to 1668. [357] At the earlier date it was ordered that no book treating -of the Indies should be printed without first having been inspected, -approved, and licensed by the Council of the Indies, and none could -be introduced into the Indies without the express permission of that -body. [358] Books of fables and other profane publications were not -allowed in the colonies under any circumstances. The Council of the -Indies, by enactment of May 8, 1584, authorized the audiencia to -publish books and dictionaries in the native dialects, and a later -law stipulated that twenty copies of each book should be sent to the -Council of the Indies to be placed on file there. [359] The oidores -and the oficiales reales whose duty it was to inspect the ships -which arrived from New Spain were ordered to search for forbidden and -heretical books, but in doing this they must act in conformity with -the expurgatories of the Inquisition. [360] By cédula of October 10, -1575, and of December 2, 1580, the right to print books of prayer -and of divine service for Spain and the Indies was conceded to the -monastery of San Lorenzo. This same cédula ordered that viceroys, -presidents, and oidores should see that no other service-books were -used in the churches and monasteries, and that books printed by any -other agency should not be permitted to enter the Islands. [361] - -In conformity with the above regulations, the Audiencia of Manila, -on July 21, 1787, suppressed a book which had been written by the -commissary of the Inquisition, on the ground that this functionary -had published it on the authority of the archbishop alone, and without -authorization of the Council of the Indies, as was required by law. The -case was appealed by the commissary to the Council, and the latter -body, while approving the action of the audiencia in suppressing the -book, and reprimanding the archbishop, after an examination of the -volume, allowed its publication in conformity with the laws of the -Indies. [362] Taken together, the relations of the audiencia and the -commissary of the Inquisition in most matters, and particularly in -the publication of books, were harmonious, and the same strife and -trouble did not occur in the Philippines that developed in Mexico, -Naples, and Perú over the question. [363] - -On January 26, 1816, the audiencia forbade the publication of any -book without its express permission. [364] As a result, considerable -trouble arose with the governor and the fiscal, neither of whom had -been consulted when the auto was passed. The fiscal contended that the -audiencia was violating the law which had reserved to the Council the -power to give licenses for the publication of books; moreover, it was -asserted, the law required the governor and audiencia to act in acuerdo -in matters pertaining to the suppression and licensing of books, -the tribunal not being authorized to proceed alone. The audiencia -contended in reply that these laws could no longer be interpreted -to mean that the governor should have authority over matters of a -purely judicial nature, such as these were, because he was no longer -president of the audiencia, and hence not a judicial official. [365] -The tribunal furthermore based its contention on two enactments--one, -a royal order dated October 1, 1770, which directed certain prelates -to apply to the audiencia for permission to have a religious work -published, and the other, dated July 21, 1787, already cited, by -which the king confirmed the refusal of the audiencia to allow the -publication of a work prepared by the commissary of the Inquisition, -when he had failed to seek the authority of the audiencia. It is clear, -however, that on this occasion the audiencia was guilty of deliberate -misinterpretation of the law in its own favor. The Council of the -Indies had the final right to decide as to the contents of the book, -and the audiencia merely suspended publication, pending the action of -the Council. The audiencia was never given the power to pass finally -on the contents of books, except those dealing with languages and -dialects. The ultimate right of passing on all religious publications -was retained by the Council of the Indies, while the audiencia was -authorized merely to suspend the publication and circulation of books -which had not complied with the above royal ordinances. After the -suppression of the Council of the Indies and the establishment of -the Supreme Tribunal of Justice, there was a tendency toward giving -the colonial governments a wider degree of latitude in such matters. - -It has been noted already, in the cédula of October 9, 1812, and -in subsequent reforms, that all matters of a contentious nature -should be settled in the audiencias and not carried to the tribunal -in Spain. A further reform in the censorship of books was made on -October 4, 1839, when the control of these matters was placed in the -hands of two censors, appointed by the acuerdo and the archbishop, -respectively. In case a decision were made to suppress a certain book, -a legal proceeding had to be instituted before the fiscal, who became -the arbiter if a disagreement arose between the censors. Seizure was -justified on the grounds that the publication contained something -contrary to the legitimate interests of the throne or of the -religion. Condemned books were not only seized, but sent from the -colony. [366] The responsibilities of censorship were thus shared -until October 7, 1856, when, on account of the many disagreements -which had arisen as a result of this divided authority, the superior -government decreed that a standing board of censors should be created, -to consist of eight members, four to be appointed by the archbishop -and four by the governor. This board was to be presided over by the -fiscal of the audiencia. [367] - -Among other important functions of a non-judicial character was -the audiencia's duty of keeping the archives of the government. The -tribunal had a number of records in which entries were made concerning -its work. [368] A registry was kept of the votes of the oidores -in suits involving a hundred thousand maravedís or more. Further, -separate records were kept of all resolutions of the acuerdo relative -to government and finance, respectively, Thursday afternoon of each -week being devoted to the latter. Likewise, a book of cédulas and royal -provisions was kept by the audiencia, and on the basis of these the -tribunal formed all judgments and gave advice when requested. Separate -files were kept for copies of all royal orders, cédulas and letters, -one for secret, and the other for open correspondence. In another -volume an account was kept of the amounts received from fines and -from funds liquidated for the expenses of justice. As already stated, -lists were also maintained of all persons residing in the colony, -with an account of their quality and work, their attitude toward the -government, their occupation, and, if they were officials, the nature -and character of their services. [369] The audiencia kept a book -of residencias, which has been described in a former chapter. Also -records of persons coming to and leaving the Islands, with appropriate -entries concerning them, were preserved in this archive. - -Besides the special duties of the oidores indicated in this chapter, -there were others which will be described later in more detail. The -residencia has been already treated. Other duties will be noted in -connection with the relation of the audiencia and the governor. Some -are more closely related to the religious and the ecclesiastical -institutions of the colony, and merit special treatment in that -connection. The audiencia, moreover, had extensive functions in -relation to the commercial and economic life of the colony. A fuller -comprehension of these numerous activities may be gained in the -following chapters where they are discussed in connection with two -of the most powerful factors in the colony's life--the governor and -the church. - - - - - - - -CHAPTER VI - -THE AUDIENCIA AND THE GOVERNOR: GENERAL RELATIONS - - -The audiencia was brought into closer and more frequent relationship -with the governor than with any other authority in the colony. The -governor was president of the royal audiencia and hence was nominally -its chief magistrate. This brought him into touch with its functions -as a court. The governor was chief executive of the colony, and -in that capacity was responsible for administrative, financial, and -military affairs. It will be noted that the audiencia, in various ways, -exercised powers of intervention in all of these matters. - -The official title of the governor of the Philippines up to 1861 was -governor, captain-general, and president of the royal audiencia. [370] -a combination of three important functions. In his capacity as -governor, he was chief executive of the civil government, with -authority over all administrative departments, including finance, -and over ecclesiastical affairs. As captain-general, the governor -was commander-in-chief of the military forces, with the special duty -of providing for the defense of the Islands. As president of the -audiencia, the governor retained his authority as executive while -entering the field of the judiciary. Though he could not act as -judge, himself, nevertheless we have seen in former chapters that -he exercised extensive authority over the tribunal, its procedure, -and its magistrates. - -It will accordingly be our aim in this chapter to discuss the -general relations of the audiencia and the governor. These include -administrative, financial, and ecclesiastical functions, and those -involving the government of the provinces. To these will be added -such further observations as remain to be made concerning the judicial -relations of the governor and audiencia, leaving apart for discussion -in another chapter as an integral subject, the military jurisdiction -and the respective participation of the audiencia and the governor -in the matter of defense. - -Generally speaking, the governor of the Philippines occupied the same -relative position, within and without the colony, as did the viceroy in -New Spain, and during the greater part of the history of the Islands he -was independent of the government of New Spain and was responsible to -the Spanish court directly, in the same manner as the viceroy. [371] -The independence of the Philippine government may be said to have -been practically complete, with such exceptions as will be mentioned -in a subsequent chapter, treating of the ad interim rule, after the -re-establishment of the audiencia in 1598. The governor was the chief -administrative official of the colony, and the provincial governments -derived their authority from him; he was the royal vice-patron, -and in this capacity he bore the same relation to the church in the -colony as the king did to the church in Spain. Likewise as the king -was the theoretical head of the state, and was limited and assisted -in the exercise of his authority over the empire by the Council of -the Indies, so the governor and captain general of the Philippines -(and the viceroy in New Spain and Perú) was the head of the colony, -and was limited by the audiencia. The audiencias of all the colonies -were equally dependent on the Council of the Indies. - -Professor Bourne very aptly characterizes the office of governor of -the Philippines and its relations to the audiencia. He writes: - - - The Philippine Islands were constituted a kingdom and placed under - the charge of a governor and captain general, whose powers were - truly royal and limited only by the check imposed by the Supreme - Court (the Audiencia) and by the ordeal of the residencia at the - expiration of his term of office. Among his extensive prerogatives - was his appointing power which embraced all branches of the civil - service in the islands. He also was ex officio the President of - the Audiencia. His salary was $8000 a year, but his income might - be largely augmented by gifts or bribes. The limitations upon the - power of the Governor imposed by the Audiencia, in the opinion of - the French astronomer Le Gentil, were the only safeguard against - an arbitrary despotism, yet Zúñiga, a generation later pronounced - its efforts in this direction generally ineffectual. [372] - - -Juan José Delgado, who gives us perhaps the most comprehensive and -realistic survey of the Philippines of any of the ecclesiastical -historians of those Islands, describes the nature of the office of -governor as follows: - - - The governors of these Islands have absolute authority to - provide and to attend to all that pertains to the royal estate, - government, war; they have consultations in different matters with - the oidores of the royal audiencia; they try in the first instance - the criminal causes of the soldiers, and they appoint alcaldes, - corregidores, deputy and chief justices of all the Islands for - the exercise of government, justice, war, ... and besides many - other preëminences conceded by royal decrees to the presidency - of the royal audiencia and chancery. [373] - -The governors of these Islands [he wrote] are almost absolute, and -are like private masters of them. They exercise supreme authority, -by reason of their charge, for receiving and sending embassies to -the neighboring kings and tyrants, ... they can make peace, make -and declare war, and take vengeance on those who insult us, without -awaiting any resolution from the Court for it. Therefore many kings -have rendered vassalage and paid tribute to the governors, have -recognized them as their superiors, have respected and feared their -arms, have solicited their friendship, and have tried to procure -friendly relations and commerce with them; and those who have broken -their word with them have been punished. [374] - - -The governor of the Philippines, like the viceroy of New Spain, -was the administrative head of the colony, and as such exercised -supervision over all the departments of the government, likewise -over ecclesiastical affairs. He was directed to devote himself to -the service of God, and to labor for the welfare of the souls of the -natives and inhabitants of the provinces, governing them in peace -and quietude, endeavoring to bring about their spiritual and moral -uplift and their numerical increase. The governors (or viceroys) -were instructed by the laws of the Indies - - - to provide all things which are convenient for the administration - and execution of justice, ... to maintain the government and - defense of their districts, exercising very special care for the - good treatment, conservation and augmentation of the Indians, - and especially the collection, administration, account and care - of the royal exchequer. - - -They were instructed, in short, to do all for the provinces under -their charge [375] that the king, himself, might do. The laws of the -Indies ordered the audiencia, the religious authorities and the civil -officials to acknowledge the governor [or viceroy] as their chief. The -laws emphasized as the special duties of the governor the supervision -and augmentation of the finances, the defense of the colony, and -general supervision over all officials, executive and judicial, -central and provincial. - -Foremost among the responsibilities of the executive was that of -supervising the administration of the colonial exchequer. In this, -however, he was assisted by the audiencia. The customary oficiales -reales were among the first officials created for the Philippine -government, and they were responsible to the governor. At the time of -the creation of the audiencia, it was ordered that the governor and -two oidores should audit the accounts of the oficiales reales, but -this power was transferred to Governor Dasmariñas when the audiencia -was removed in 1589. In 1602 the right of inspection of accounts was -returned to the oidores, [376] but the governor, it was stated, as -executive head of the government, was responsible, and he exercised -direct intervention in these matters, limited only by the annual -inspection of the oidores. During the greater part of the history of -the Islands the governor exercised supervision over the collection and -the administration of the public revenue, in accordance with the law, -[377] and he was required to be present at the weekly meetings of the -junta de hacienda, of which two magistrates were members, there to -pass on all financial measures and to authorize expenditures. [378] -The governor had control over the sale of offices, jointly with the -oficiales reales, but from the correspondence on these subjects it -is clear that the audiencia was designed to check the governor's -authority in that particular. [379] The governor was forbidden to -authorize extraordinary expenditures from the treasury without express -royal permission, except in cases of riot, or invasion. [380] This -regulation was almost impossible of faithful execution, and as his -duties increased and became more complicated, the governor was unable -to give as complete attention to these matters as the laws of the -Indies prescribed. Although the governor had these financial powers, -he could not decide cases appealed from the oficiales reales. These -were regarded as contentious cases and as such were resolved by -the audiencia. [381] In Mexico and Lima, wherein there were higher -tribunals of accounts than in Manila (contaduría mayor), the audiencia -did not have this jurisdiction. - -From 1784 to 1787 the governor was temporarily deprived of the -leadership in financial matters by virtue of the Ordinance of -Intendants, but the oidores retained membership in the colonial board -of audits, together with the intendant, who had taken the governor's -former place as the responsible head of the colony's finances. In 1787 -the governor was restored to his former position with respect to the -exchequer, with the official title of superintendente subdelegado de -real hacienda. It is sufficient to say that the governor's relation -to this new department did not materially lessen the authority of -the audiencia with regard to the finances of the colony. - -Although the appointing power was claimed by many governors as their -sole prerogative, the audiencia imposed a very decided check on -their exercise of this authority. The governor had the right to make -appointments in all departments of the government, except in certain -so-called offices of royal designation, to which the governor made -tentative appointments, subject to subsequent royal confirmation. [382] -Although the law of February 8, 1610, exempted appointments made by the -governor of the Philippines from the necessity of royal confirmation, -[383] in practice these nominations were sent to the court for approval -in the same manner as were those from Spain's other colonies. - -The audiencia intervened in the matter of appointments in two ways. In -case it succeeded to the government on the death of the governor -the tribunal exercised all the prerogatives of appointment. [384] -When the governor was present he was obliged to refer the names -of all candidates to the acuerdo. [385] This was made necessary -because the governor, being new to the Islands and unfamiliar -with local conditions, was not so well fitted to pass upon the -merits of candidates for office as were the oidores who had become -permanently identified with the interests of the colony and whose -opinion was of weight in these matters. Thus it came about that -the audiencia exercised joint authority with the governor in making -appointments. [386] The question of the relative authority of the -audiencia and governor in making appointments was a source of conflict -throughout the history of the Islands. - -When the governor submitted the name of a candidate to the acuerdo it -was the duty of the magistrates to furnish all the information possible -regarding the character, fitness, and ability of the person under -consideration for the position. If the audiencia and the governor -should disagree and the latter still persisted in an appointment, -it was the duty of the audiencia to submit, forwarding all evidence -relative to the candidate to the Council of the Indies, the latter body -ultimately taking such action as it deemed best. When the nominations -of the governor reached the Council of the Indies for confirmation, -that tribunal relied extensively upon information furnished by the -audiencia concerning the candidates under consideration. - -As already stated, the king retained the right to appoint certain -so-called "officials of royal designation." These varied at different -times, but, in general, included corregidores, alcaldes mayores, -oficiales reales, oidores, regents, and, of course, viceroys, -governors, and captains-general. [387] All these officials, -except those last named, could be temporarily designated by the -executive. Although the law placed corregidores, alcaldes mayores, -and oficiales reales in this category, their designation by the court, -like the confirmation of encomiendas, was usually nominal. Many of -these offices were filled in Spain and Mexico, while some appointees -were named from the Philippines, and probably in the majority of the -latter cases the royal appointment merely amounted to a confirmation of -a temporary appointment made by the governor. The post of governor of -the Philippines was filled temporarily by the viceroy of New Spain -until about 1720. In the same manner the governor of Ternate was -named by the Philippine executive, with the advice and consent of -the audiencia. These ad interim appointments were valid until the -king made them regular by confirmation, or sent persons from Spain -to hold them permanently. - -When a vacancy occurred among the offices of royal designation, -it was the governor's duty to forward a list of candidates, or -nominees, and from this list the king, or the Council of the Indies -in his name, made a permanent appointment. [388] In the meantime -a temporary appointment was often made by the governor, in acuerdo -with the audiencia, and the name of the appointee was placed first -on the list remitted to the court. This procedure was followed in -the appointment of encomenderos, corregidores, alcaldes mayores, and -treasury officials. It was seldom done in the cases of oidores and -fiscales, who, because of their special or professional character, -were usually sent directly from Spain or from New Spain. Unless there -were special reasons to the contrary, for instance, the filing of an -adverse report by the audiencia, or a protest on the part of residents, -the governor's temporary appointments were usually confirmed and -made permanent. Temporary appointees with salaries exceeding 1000 -pesos a year only received half-salary until their appointments were -confirmed. [389] At least two years and frequently four transpired -before the regular appointment arrived, and as the terms were from -three to five years for the majority of these offices, the governor's -candidate was usually the incumbent a considerable portion of the time, -whether his nomination were confirmed or not. Neither relatives nor -dependents of governors or oidores could be legally appointed to any -office. [390] This mandate was often violated, as we shall see. It -was the duty of the regent and the fiscal to certify to the court -that appointees were not relatives of the governor or oidores. [391] - -In an instruction directed exclusively to the Philippine audiencia, -the king ordered the tribunal to see that offices were bestowed only -upon persons "who by fitness or qualifications are best able to hold -them." [392] It appears that this law, or another promulgated about -the same time, gave to the fiscal and the oidores the right to pass on -the qualifications of encomenderos, alcaldes mayores, corregidores, -and other minor officials, on condition that preference should be -given to conquerors, settlers, and their descendants. Governor Alonso -Fajardo remonstrated that this new practice hampered the work of the -governor, and created difficulties between him and the oidores. [393] -A yet later law, dated October 1, 1624, gave the governor (and viceroy) -the right to make temporary appointments of all judicial officials, -without the interposition of the audiencia. [394] On February 22, -1680, the power of making permanent appointments of alcaldes mayores -and corregidores was vested in the governor and the audiencia. [395] -In view of this law, the Audiencia of Manila claimed and actually -exercised authority in the appointment of provincial officials from -that time onward. - -Vacancies in the audiencia itself were filled temporarily by the -governor. In case the audiencia were governing ad interim it could -designate magistrates from the outside to try cases, but the power -of the audiencia, as provided by these laws, was secondary to that of -the governor if he were present. Under no circumstances were permanent -appointments to the audiencia to be made by any authority other than -the king and Council. In case there were a vacancy in the office -of fiscal the junior oidor was authorized to fill the place. [396] -Conversely, it also occurred that when an extra oidor was needed, -the fiscal might be temporarily designated to fill the place. [397] -It was also ordered that if the fiscal could not be spared from his -office on account of his numerous and important duties, a lawyer -might be named to act as fiscal ad interim. [398] In New Spain -an alcalde del crimen took the place of the junior oidor when the -latter occupied the fiscalía. There were no alcaldes del crimen in -the Philippines, but the cédula of February 8, 1610, above cited, -was always quoted as furnishing justification for the appointment -of oidores ad interim by the governor. [399] In a subsequent chapter -we shall refer to several occasions on which this was done; indeed, -entire audiencias were re-constituted by certain governors. - -The audiencia was required to see that the appointees designated -by the governor duly complied with the requirements of residencia; -likewise that they were properly installed in office, and that they -did not serve in offices for which they had neither authority nor -qualifications. [400] Notwithstanding the variety and the conflicting -character of the laws bearing on matters of appointment, a careful -consideration of law and practice leads to the conclusion that the -governor, as chief executive, had the power of making appointments, -but in the execution of this duty he was ordered to consult the -audiencia, although, strictly speaking, he was not obliged to follow -its advice. If there were good reasons for not appointing an official -recommended by the governor, the oidores could send representations -to the Council of the Indies, setting forth their objections, and the -Council might confirm or nullify the appointment, as it chose. The -audiencia could make appointments if it were in temporary charge of -the government. The authority which the audiencia exercised in regard -to appointments varied according to circumstances. If the governor -were new at his post, weak or indulgent, the audiencia exercised more -extensive authority than was conceded by the laws. If the governor were -experienced, efficient, and a man of strong personality and dominating -character, the tribunal exercised less power in regard to appointments, -and, in fact, in all other matters pertaining to government. - -Closely related to the appointing power was the duty which the governor -had of submitting annually to the court a list of all the officials -of the colony, with comments on the character of their services, and -with recommendations for promotion or dismissal from office. [401] The -oidores were included in these reports. [402] It was also the function -of the governor to report on the administration of justice. [403] -The governor was instructed to inform the court in case the oidores -engaged in forbidden commercial ventures, either directly, through -the agency of their wives, or through other intermediaries. [404] He -was authorized, moreover, to investigate and report on the public and -private conduct of the magistrates and of their wives as well [405] -and to exert himself to see that their actions were at all times in -consonance with the dignity of their rank and positions and of such a -character as would reflect credit on the royal name and entitle them to -the respect of the residents of the colony. The confidential reports -of the governor to the king might include all of these matters, and -many others too numerous to mention. On the other hand, the audiencia, -as a body, was authorized to direct the attention of the Council to -any irregularities of which the governor might be guilty, and thus -a system of checks and balances was maintained. [406] However, the -oidores were forbidden to make charges individually. This injunction -was so frequently disregarded that it was practically a dead-letter. - -Typical of the governor's authority over all the officials of the -colony, and incidentally over the oidores, was his power to grant -or withhold permission to marry within the colony. The earlier laws -on this subject absolutely forbade viceroys, presidents, oidores, -alcaldes, or their children to marry within their districts. [407] -Deprivation of office and forfeiture of salary were the penalties -for infraction of these regulations. These laws were followed by -others which required the president (viceroy or governor) to report -immediately to the Council the case of any magistrate guilty of -violating the law forbidding the marriage of officials. [408] It -was not until 1754 that a law was promulgated providing for special -marriage dispensations to be granted by the Council of the Indies upon -the recommendation of the president of the audiencia. [409] In 1789 -the president was authorized to concede permission to accountants -and treasury officials, but not to oidores. [410] The prohibition -was applied to magistrates until 1843, and the only condition under -which they were permitted to marry within the colony was by virtue -of the express permission of the supreme tribunal in Spain. In 1848, -the president of the audiencia was authorized to grant marriage -licenses to magistrates on condition that the contracting parties -were "of equal quality, customs, and of corresponding circumstances," -permission having first been obtained from Spain, [411] the president -alone passing upon the requisite qualifications. - -The chief reason for the restrictions and prohibitions placed -on the marriage of magistrates seems to have been the conviction -that officers of justice would compromise themselves by marriage, -acquiring vast numbers of relatives and dependents, thereby making -it impossible to render impartial decisions or administer justice as -evenly and dispassionately as they would were they not so familiarly -known in their districts. It was also necessary to prevent officials -from lowering their dignity by union with natives and half-castes. The -marriage of officials with natives of the Philippines was not regarded -with favor at any time by the Spanish government. - -It seems that the above prohibition did not apply with the same force -to fiscales as to magistrates. This is illustrated by a case which -arose in 1804 when Fiscal Miguel Díaz de Rivera was deprived of his -office by royal decree for having married without the permission of -the Council of the Indies. [412] The fiscal had married the daughter -of the corregidor of Pangasinán, who was a colonel in the Spanish -army. The mother of the girl was a Eurasian from Madras, and had -been a subject of Great Britain. Under the date of May 27, 1805, -Díaz sent a petition to the king, bearing the endorsement of Governor -Aguilar, demanding his restoration to office. Among the reasons cited -for the proposed reinstatement of the fiscal, it was said that Díaz, -being a prosecutor and not a magistrate, was not subject to the same -regulations and conditions as the oidores, whose judicial duties -rendered impossible their marriage within the Islands. Aguilar stated -that the purpose of the law had been to debar ministers from making -such marriage connections as would diminish the respect which the -community should have for them as oidores of a royal audiencia, thus -undermining their standing as magistrates. In this instance there -could have been no case of degradation because of the high standing -of the mother and father. Moreover, a fiscal could not be regarded -as a magistrate, and the same laws did not apply to both classes of -officials. As an outcome of these representations Díaz was restored -to office by the royal decree of October 13, 1806. [413] - -A duty similar to that just noted, inasmuch as it was indicative -of the authority of the governor over the oidores, was his power -to examine and try criminal charges against the magistrates. A law -which was in force from 1550 to 1620 ordered that the president -should be assisted in the trial of criminal charges against oidores -by alcaldes ordinarios. On September 5, 1620, this law was modified -by the enactment of another, which ordered that in cases involving -imprisonment, heavy fines, removal from office, or the death penalty, -the governor should make the investigation and refer the autos to -the Council of the Indies for final judgment. - -This law still left the trial of oidores for misdemeanors in the -governor's jurisdiction, but in cases of sedition or notorious offenses -which required immediate action in order to furnish a public example -for its effect on the natives, the president was required to confer -with the audiencia, and to act in accordance with its judgment. By -this law the president was forbidden to make more than temporary -suspensions of oidores from their offices. In no case could they be -permanent unless first approved by the Council of the Indies. [414] -Notwithstanding this law, it may be noted that certain governors -went so far on some occasions as to remove, imprison, and exile -magistrates and to appoint a new audiencia. [415] The judicial power -of the governor over such cases was further altered by the Royal -Instruction of Regents of June 26, 1776, by which he was forbidden -to impose any penalty on the oidores without the concurrence of the -acuerdo and the regent. [416] The president and the acuerdo could -rebuke and discipline oidores, privately, when their conduct demanded -it. Even on such an occasion as this the magistrate was to be given -full opportunity to defend himself. If a private investigation of -the conduct of an oidor were necessary, the inquiry could be still -conducted by the senior magistrate. [417] Oidores, on the other hand, -had no jurisdiction over the trial of charges against the president, -unless it were in his residencia. In this event the investigation -might be conducted by a magistrate designated by the governor or by -the Council of the Indies. [418] - -Aside from his executive and military duties, the governor was -president of the royal audiencia. This arrangement had the advantage -of giving him an opportunity to know and appreciate the legal needs -of the colony. It brought him in constant contact with judicial minds, -and his position in this regard was no doubt calculated to keep him in -the straight and narrow path of the law. Nevertheless, the governor, -who was usually a soldier, but seldom a lawyer, did not participate -as a magistrate in the trial of cases, and his activities in the -tribunal were directive, rather than judicial. His opinions in all -legal and administrative matters were prepared by his asesor. [419] - -As president of the audiencia the governor exercised two important -powers. One authorized him to divide the audiencia into salas and to -designate oidores to try cases within the tribunal, to inspect the -provinces, to take residencias, or to attend to semi-administrative -matters, such as have been noted in the preceding chapter. [420] -The other was the power to decide whether a contention was of -judicial, governmental, military, or ecclesiastical character, and -to assign it to the proper department or tribunal. [421] This power -was significant because it made the governor the supreme arbiter -between all conflicting authorities in the colony. Frequently he -decided disputes between the audiencia and the ecclesiastical courts, -between the audiencia and the consulado, or between the oidores and -the oficiales reales in matters relative to the jurisdiction of these -tribunals over questions at issue. - -While the magistrates were allowed to proceed practically without -interference in affairs of justice, the governor was instructed to keep -himself informed concerning the judicial work of the audiencia. [422] -While forbidden to alter the judgments of the tribunal or to tamper -with its sentences, [423] he could excuse or remit fines with the -consent of the oidores. The governor could commute sentences in -criminal cases. The final pardoning power rested with the king and it -was exercised upon the recommendation of the governor or the prelates -[424] and the Council of the Indies. There were exceptional occasions, -however, on which the governor assumed the responsibility of pardoning -criminals. - -After the creation of the office of regent in the audiencias of -the colonies, in 1776, the governor's position as president of the -audiencia became purely nominal, the regent actually officiating as -chief justice, though the president was still legally required to -affix his signature to all judicial decisions of the tribunal. The -frequent and extended absences of the governor from the capital and the -multiplicity of his administrative duties prevented him from attending -to these matters with requisite promptness, and injustice consequently -resulted from the requirement. Many complaints were made from 1776 -onward against this condition of affairs, with the result that a -modification in the existing law was made on October 24, 1803, making -valid the signature of the regent to all decisions of the audiencia, -when the governor was absent from the colony on expeditions of conquest -or tours of inspection. [425] At all other times the governor, as -president, affixed his signature to all legal acts and autos, although -he did not participate in their decisions. The law remained thus -until 1861, when the governorship was separated from the presidency, -the acuerdo was abolished, and the regent was made president of the -audiencia with authority to sign all judicial decisions. [426] - -We have already noted that the governor exercised special judicial -powers, independent of the audiencia. Among these the military -jurisdiction stands pre-eminent, and it will be discussed separately in -the following chapter. The governor was also empowered to try Indians -in first instance, with appeal to the audiencia. [427] The actual -trial of these cases, however, was delegated to the alcaldes mayores -and corregidores with appeal to the audiencia. It was impossible -for the governor, occupied as he was with the multitudinous affairs -of his office, to concern himself personally with the thousands of -petty cases among the Indians, or between Indians and Spaniards. He -had jurisdiction over suits involving the condemnation of property -through which public roads were to pass. [428] The special jurisdiction -of the governor, assisted by the audiencia, over cases affecting the -royal ecclesiastical patronage will be discussed later. - -The laws of the Indies would seem to indicate that both the -governor and the audiencia exercised independently the power to -exile undesirable residents from the colony. It was stipulated that -if sentence of exile were passed by the governor and the offenders -were sent to Spain, the necessary papers, issued by the governor, -should accompany them. [429] If the decree of banishment were imposed -by the audiencia in its judicial capacity, the governor was forbidden -to commute the sentence or otherwise interfere in the matter. [430] The -audiencia frequently sentenced criminals or other undesirables to spend -terms of varying lengths in the provinces or in the Marianas. This, -as we have seen, was commonly one of the trials connected with the -residencia. We have a noteworthy illustration of the action of the -audiencia in acuerdo with the governor in the banishment of Archbishop -Felipe Pardo, who was exiled by the acuerdo of the audiencia and -Governor Juan de Vargas Hurtado, in 1684. Vargas was succeeded the -same year by Governor Curuzaelegui, who recalled the prelate from -exile and forced the audiencia to endorse the act of recall. - -Closely related to the governor's jurisdiction over banishment -was his jurisdiction over cases of persons entering the Islands or -departing from them without royal permission. [431] He exercised -final jurisdiction here over civil and ecclesiastical authorities, -encomenderos, and private persons. The law forbade any person to enter -or leave the Islands without the royal permission, and the governor -was charged with the execution of this law. Encomenderos were not to -leave the Islands on pain of confiscation of their encomiendas. [432] -While the laws of May 25, 1596, and of June 4, 1620, gave authority -to the governor over the religious, relative to their entrance into -the Islands and departure therefrom, [433] the cédula of July 12, -1640, authorized the audiencia to enforce the law on this subject; -especially was the tribunal to see that no ecclesiastics departed for -Japan and China without the proper authority. [434] Although there -can be no doubt of the finality of the governor's jurisdiction in -this matter, yet the audiencia exercised an advisory power, and an -authority to check irregularities, particularly with a view to seeing -that the governor did his duty and fulfilled his obligations in the -matter. Numerous instances exist to show that whenever this subject was -treated in a royal order or decree, copies of the law were sent to the -audiencia for its information. On other occasions when there was reason -to believe that there had been irregularities in the procedure of a -governor, the audiencia complained to the Council of the Indies. This -was done for example in 1779 when Governor Sarrio conceded permission -for several priests to go to Mexico. This action the audiencia claimed -to be irregular, since the Council of the Indies had not been notified -or consulted. The king, on March 6, 1781, approved the action of the -governor on the basis of the laws above referred to. [435] - -Besides his judicial authority the governor shared legislative -functions with the audiencia. We have noted in an earlier chapter -that the acuerdo passed ordinances for the domestic welfare and local -government of the colony. It prescribed rules and issued regulations -for merchants, encomenderos, and religious, in accordance with the -rulings for royal ecclesiastical patronage. The acuerdo developed -from the advisory power of the audiencia. The king in his first -decrees ordered the viceroys and presidents to consult with the -oidores whenever the interests of the government demanded it, [436] -and if necessary the opinions of the magistrates could be required -in writing. When an agreement was reached upon a given subject, they -voted in acuerdo and gradually that acuerdo came to have the force -of law. On many occasions the acuerdo prevailed over the governor's -will. There was no constitutional basis for this, and the acuerdo, -when it became a legislative function in passing ordinances and -overruling the governor himself, assumed prerogatives which were -never exercised by the audiencias of Spain. [437] - -The laws of the Indies established the governor as the sole executive, -and forbade the audiencia to interfere with the government. [438] -The governor, occupied by his extensive administrative and military -duties, came to devote less attention to the judicial side of his -office, which was left almost entirely to the audiencia. So it -developed that the acuerdos in reference to judicial matters--the -establishment of tariffs and rules for their observance and the -dispatch of pesquisidores and visitors to the provinces, came in the -latter eighteenth and early nineteenth centuries to be increasingly -the concern of the audiencia. The authority of the tribunal in these -matters was recognized by the Constitution of 1812 and the reforms -made in pursuance thereof. [439] - -In the same manner the acuerdo came to be recognized in governmental -and administrative matters. The enactments of these legislative -sessions of the audiencia were known as autos acordados. They -ultimately came to embrace a wide field. The audiencia passed laws for -the regulation of the provinces; it made rulings which the alcaldes -mayores and corregidores were to follow in the collection of tribute; -it prescribed their relations with the parish priests; it issued -regulations for the conduct of the friars and the ordinary clergy -relative to the royal patronage. Laws were passed for the encouragement -of agriculture and industry and the regulation of commerce. Rice, -tobacco and silk culture, the production of cinnamon and cocoanuts, -the breeding of fowls, the regulation of cock-fighting, cloth-making -and ship-building all came in for their share of attention in the -acuerdo. [440] - -The audiencia, in the exercise of the acuerdo power, passed ordinances -for the enforcement of the laws forbidding the unauthorized departure -of persons from the Islands; it helped to fix the rate of passage -on the galleons and on the coast-wise ships. It made regulations for -the Chinese in the Parián, it prescribed the conditions under which -licenses might be issued to Chinese merchants and it passed ordinances -for the better enforcement of the laws prohibiting the immigration -of the Chinese. The acuerdo concerned itself with the maintenance -of prisons and the care of prisoners, the residencias of provincial -officials, the auditing of accounts, the collection of the revenue, -and the supervision of the officials of the treasury. Ordinances -were passed enforcing the general law which ordered that the natives -should not live together in Christian communities without marriage, -that they should attend religious ceremonies, that they should -be instructed in religion, and that they should not be exploited, -either by the civil or ecclesiastical authorities. It is, of course, -understood that the audiencia in no way trespassed the authority -of the church in issuing these regulations; indeed it was quite the -contrary; these ordinances were passed on the basis of the authority -of the royal patronage, with the design of assisting the vice-patron -(the governor) in the execution of his duties, and the church was -aided rather than impeded thereby. It must be remembered, of course, -that the governor, as president of the audiencia, presided in these -acuerdos, and that in most cases, actually, as well as in theory, -these autos acordados were his will. - -There were many occasions in the history of the Islands when -the acuerdo was influential in the formulation of far-reaching -reforms. The well-known "Ordinances of Good Government," issued -by Governor Corcuera in 1642 for the observance of the provincial -officials, and repromulgated with modifications by Cruzat y Góngora -in 1696 and by Raón in 1768 were formulated by the acuerdo. [441] -Similarly were those formulated that were proposed by Marquina in -1790. The local regulations for the consulado, established in 1769, -were formulated by the audiencia largely on the recommendations -of the able fiscal, Francisco Leandro de Viana. In the same manner -the new plan of constitutional government given to the Philippines -in 1812 was drafted by the audiencia at the request of the Council -of the Indies. [442] Likewise the plans for the government of the -intendancy were submitted to the acuerdo by Governor Basco y Vargas -in 1785. Indeed, these, as well as the scheme of 1787-8, were actually -written by two magistrates of the audiencia, the former plan by Oidor -Ciriaco Gonzales Carvajal, subsequently intendant, and the latter by -Oidor Castillo y Negrete. [443] - -There were occasions when the audiencia enacted administrative -measures in which the governor failed to participate. These were -especially noticeable during the administrations of Acuña, Fajardo, and -Corcuera--governors who spent much of their time away from Manila. A -more recent instance of this occurred in 1790 when the natives of -the province of Ilocos revolted against a tyrannical and dissolute -alcalde mayor. The acuerdo, notwithstanding the objection of Governor -Marquina, removed the offending official and appointed another, and -this action was subsequently approved by the king. [444] According -to the laws of the Indies the authority of removal and appointment -of such officials rested with the governor. [445] The tendency of the -acuerdo to act in civil affairs without the advice or presence of the -governor was checked by the royal order of November 12, 1840, wherein -the audiencia was ordered not to attempt to carry its acuerdos into -execution without the authority of the superior government. [446] -The evil effects of the audiencia's intervention in provincial -government were pointed out in 1842 by Sinibaldo de Mas, when he wrote: -"the government of the provinces is in charge of an alcalde-mayor, -who is at once judge of first instance, chief of political matters, -subdelegate of the treasury, and war-captain or military commandant, -for whose different attributes he is subject to authorities distinct -from one another." [447] - -The audiencia was deprived of its acuerdo power in governmental -matters by the Constitution of 1812, but it was still retained in -judicial affairs. In 1815 and again in 1823 on the restoration of -the monarchy, the full acuerdo power as practiced before 1812 was -resumed by the audiencia. Official recognition of the acuerdo was -made publicly by Governor Torres, who succeeded Enrile on March 18, -1834. In his inaugural address this governor avowed his purpose to be -the extension and improvement of commerce, the army and agriculture, -"but, in order to develop these to their highest extent, and to -realize the utmost success in my administration," he said, "I count -on the co-operation of all the authorities, and particularly of -the real acuerdo, of which I have the honor to be president." [448] -The audiencia was finally excluded from the acuerdo in administrative -matters by the reform of July 4, 1861; since then the tribunal has been -purely judicial, the legislative functions of government having been -assumed by the Administrative Council (Consejo de Administración) of -which the president and fiscal, and usually two oidores at least were -members. Thus, even after the reform of 1861, the oidores continued -to participate in legislative functions, though the audiencia as a -body did not. [449] - -Typical of the multitudinous duties of the governor, and illustrative -at the same time of his relations with the audiencia, were the various -subjects treated in the Instruction of the king to Governor Pedro de -Acuña, dated February 16, 1602, [450] which is chosen for citation -here because of its comprehensive character, and also because of -its availability. Beginning with the reminder that the governor -should confer with the Viceroy of New Spain whenever necessary, this -comprehensive paper treated first of the defense of the Islands against -the Japanese, and of the maintenance of a garrison in Mindanao. The -matter of tribute was taken up, and the desirability was shown of -having the natives pay tribute in kind rather than in money. It was -said that the latter method encouraged the natives to indolence, -for as soon as they had earned enough money to pay their tribute they -ceased work altogether. The governor was advised to consult with the -audiencia in regard to this matter. The king ordered the governor -to cut down expenses and to economize by the elimination of as many -offices as possible. He recommended, in particular, the abolition of -the offices of corregidor and alcalde mayor. - -The king warned Acuña against a continuation of the dishonesty of -past governors in the lading of ships for New Spain. He declared that -thereafter the allotment of freight should not be left to the friends -of the governor, but the matter should be personally supervised by the -governor and an oidor. The frauds which had been common also in the -assignment of encomiendas in the colony must cease; to effect this the -governor was temporarily deprived of jurisdiction over this matter. Who -was to assign the encomiendas in the future was not divulged. [451] - -The governor was instructed to see that the salable offices were -not conferred on the relatives of the oidores, nor given to his own -relatives, but that they should be disposed of to persons offering -the most money for them. It had been charged that governors and -audiencias had connived together in the past to deprive persons of -offices to which they were legitimately entitled. This had been done -by allowing favorites to hold more than one office, and by favoritism -in the sale of these positions. These abuses must be stopped, the king -said; it was ordered that in the future no person should be allowed -to hold more than one office, that as many of these as possible should -be sold, with unrestricted competitive bidding. - -The governor and the fiscal were ordered to exercise care and diligence -in the inspection of the returning galleon, to see especially that -it brought no unregistered money from persons in Mexico. Acuña's -predecessor, Tello, had recommended that west-bound galleons should -stop at the Ladrones to leave priests and soldiers, and to minister -to the needs of Spaniards already there. This was authorized and -the governor was instructed to see that it was done. The governor -was also ordered on this occasion to make an investigation of the -audiencia. Complaints had been coming to the court for a long time -against the laxity of the tribunal in the administration of justice, -and of the commercial activities of the oidores. The governor was to -aid the fiscal in the prosecution of any oidores who were remiss, to -the extent of sending them under arrest to New Spain if the charges -against them justified such action. - -This Instruction, it will be noted, required the governor to -intervene actively in practically all the governmental affairs that -came up in the colony. He was to exercise authority with regard to -defense, finance, and revenue. He was to exercise supervision over -provincial affairs so as to insure the good treatment of the natives -and the beneficent administration of the encomiendas. He was to give -his attention to the galleon trade and to the disposal of offices -within the colony. If doubt or difficulty arose in any of these -matters of administration, he was to demand from the audiencia, its -assistance, counsel, and support. The governor was also authorized -to see that justice was administered effectively, though he was not -to intervene directly in that matter, except to see that abuses were -eradicated. This Instruction shows that the governor was regarded as -the chief executive of the government. He was the responsible head in -the judicial, administrative, and military spheres. The audiencia, -on the other hand, had consultative functions, aimed to assist the -governor when he required it, but to restrict him when he sought to -exceed his powers. Instructions similar to this were given to many -succeeding governors. A citation of these would prove nothing new, -however. - -In the same manner that the Instruction to Acuña gives us an idea of -the relative functions of the audiencia and the governorship in 1602, -so the criticisms of the able Spanish diplomat, Sinibaldo de Mas, -written in 1842, aid us in estimating their respective spheres in the -nineteenth century. This opinion is valuable because it summarizes -the result of two hundred and fifty years of the interaction of these -political institutions in the Islands. Mas showed the reason for the -establishment of the intendancy, and the conferring of added powers -upon the audiencia and criticized the relations existing between the -governor and these institutions in the following terms: - - - To set some balance to his power (that of the governor), because of - the distance from the throne, certain privileges and preëminences - have been granted to other persons, especially to the Audiencia, - even to the point of making of the latter a court of appeal - against the measures of the chief of the islands. Besides, - the revenues have been removed from his jurisdiction, and the - office of the intendant has been constituted, who obeys no - others than the orders communicated to him by the ministry of - the treasury from Madrid. It is very obvious that this single - point is quite sufficient to paralyze completely the action of - the governor-general. Besides, since there are many matters which - require to be passed on by distinct ministries, it happens that - two contrary orders touch the same matter, or that one order is - lacking, which is enough to render its execution impossible ... a - chief may detain a communication, even after he has received it, - if it does not suit him. This system of setting obstacles in the - way of the governor of a distant colony is wise and absolutely - necessary, ... there results rather than a balance among the - various departments of authority a confusion of jurisdictions, - the fatal fount of eternal discord. [452] - - -Mas made extensive quotations which were calculated to show "the -great confusion and contrariety of the orders to governor and -audiencia." This characteristic of the laws of the Indies has -repeatedly been referred to in this treatise, and we shall note -its results in a subsequent chapter dealing with the conflicts of -jurisdiction between the audiencia and the governor. - -It is clear, therefore, that the decision of the governor was not final -in administrative affairs. Persons dissatisfied with his executive -actions or decisions in such matters were privileged to appeal to the -audiencia. If the findings of the tribunal differed from those of the -governor, and if the governor were still unyielding, his will was to -be obeyed but the case was thereupon appealed to the Council of the -Indies. [453] If the case were one of law and justice the governor, -on the other hand, was instructed to abide by the decision of the -audiencia, but he was privileged to carry the case to the Council of -the Indies. Thus it was that each of these authorities had a sphere -wherein its word was law, and its decisions final in the colony. - -It was prescribed, however, that when there were differences of opinion -between the governor and the audiencia an effort should be made both -by the governor and the audiencia to avoid notorious disagreements -which would furnish a bad example to the natives, or otherwise degrade -the dignity of the royal tribunal or governor. Viceroys, presidents, -and audiencias were forbidden to take action in cases wherein there -was doubt as to their jurisdiction, or wherein there was a question -as to the advisability of taking final action. [454] - -It would appear, therefore, from this survey of the laws, that the -audiencia was provided with ample means for restraining the action -of the governor. This it could do either by admonition, by appealing -from his decisions in administrative matters, or by blocking him in -the acuerdo. It was evidently the design of those who planned the -legislation of the Indies to guard at all times against the excesses -of an all-powerful executive. Such was certainly the purpose of -the establishment of the audiencia, both in the Americas and in the -Philippines. Taking into consideration the three hundred years of -Philippine history, however, it cannot be said that in the actual -operation of the government these precautions were entirely effective. - -According to the laws of the Indies the governor, as executive, had -his own sphere in which the oidores were forbidden to interfere. [455] -In the light of our investigation, however, it would appear that -this exclusive field was exceedingly limited, and that even it was -continually subject to the encroachments of the audiencia. In the -exercise of his military authority the governor was independent -of the tribunal, although we shall see that on some occasions the -audiencia exercised military jurisdiction in an executive capacity, -and that there were times when the governor was glad to call upon -the audiencia for assistance in this matter. As president of the -audiencia the governor exercised considerable authority during the -first half of the history of the colony, but from 1776 to 1861 his -position as president was merely nominal, and at the latter date it -was abolished. He was the chief administrative official of the colony, -and his authority in this particular was more far-reaching than in -any other. In this, however, he was limited by the acuerdo of the -audiencia, which developed, as we have seen, from an advisory to a -legislative function, and ultimately had the effect of limiting the -governor in his hitherto exclusive field. - - - - - - - -CHAPTER VII - -THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION - - -The isolation of the Philippines, their distance from the home -country and New Spain, and their proximity to the colonies and trade -routes of rival nations, made the problem of defense the foremost -consideration. This was almost equally true of New Spain, Perú, and -the West Indian colonies, all of which were exposed to the attack -of outside enemies, though, of course, they were neither as isolated -nor as far away as the Philippines. - -The necessity of being ever on the alert, constantly prepared to resist -invasion and to put down insurrection, gave a military character to -the governments of these colonies. The viceroys and governors were in -most cases trained soldiers. In addition to their other prerogatives, -they exercised the office and title of captain-general and as such -they commanded the military and naval forces of their colonies, -inadequate as these forces sometimes were. During the first two -hundred years governors and viceroys were largely selected on the basis -of their past military exploits on the continent or in America. The -administrations of the different Philippine governors of the sixteenth -and seventeenth centuries were characterized rather by their devotion -to military affairs than by economic improvements or administrative -efficiency. The supervision of judicial and governmental affairs -was thus left for long periods in the hands of other officials and -authorities, to be reclaimed or fought over by the governors when -their time was not taken up by military conquests. - -It is practically agreed among all authorities who have written on -the Philippines that the leading consideration and necessity of the -government during two hundred years was military defense. These writers -comprise officials who saw service there and commentators who visited -the Islands and studied the government. In their recommendations and -comments they unite in urging that the defense of the Islands should -not be neglected; that the governor should be given adequate forces -with sufficient jurisdiction over them and over the other elements -of the colony to defend it successfully from invasion or insurrection. - -It was the policy of the government throughout the history of -the Islands to conserve and keep intact the governor's military -jurisdiction. We have noted in an earlier chapter that one of the -main reasons for the suppression of the audiencia in 1589 was that -it interfered too extensively with the military jurisdiction of -the governor. During the decade following the extinction of the -tribunal, the military governors were given almost unlimited powers, -until their abuses led to the re-establishment of the tribunal to -guard against these excesses. We shall see in the following chapter -that the limitations placed upon them by the audiencia were always a -source of complaint by the various governors. Governor Acuña went so -far as to recommend the suppression of the tribunal because the needs -of the colony were military and had to be met by the firm action of -a soldier, without the interference of a body of magistrates. [456] -Similar recommendations were made by a majority of the succeeding -governors, but more especially by Fajardo, Corcuera, Vargas, Arandía, -and even by Anda who had risen from the post of oidor to that of -governor and military commander. [457] - -The conviction that the government should be pre-eminently military was -not held by governors alone. Fernando de los Ríos Coronel, procurator -of the Philippines at the Court of Madrid in 1597, urged that the -government should be of a military character and that the practice -of sending soldiers to govern the Islands should be continued. [458] -This opinion was also advanced by Fray Alonso Sánchez, procurator -of the Islands at Madrid in 1589, and the emissary whose arguments -were chiefly instrumental in bringing about the suppression of the -audiencia. [459] Francisco Leandro de Viana, the most efficient -fiscal that the Islands ever had, and afterwards councillor of -the Indies, recognized the military attributes of the governor's -position. He urged a separation of the spheres of the governor and -the audiencia, recommending that the former should attend solely to -war and government, while the latter should confine itself to matters -of justice. [460] - -This opinion was shared by Juan José Delgado, the able Jesuit -historian, who expressed the conviction that the "islands need -disinterested military governors, not merchants; and men of resolution -and character, not students, who are more fit to govern monasteries -than communities of heroes." [461] Delgado recommended that governors -of the Philippines should be picked men, selected for their military -qualities. The distance and isolation of the colony and its proximity -to the great empires of China and Japan made defense the first -requisite. Delgado believed that a soldier would be less amenable -to bribes and that commercial ventures would be less attractive to -him. [462] He recommended that governors should be absolute in affairs -of government and war and that all departments and officials of the -government should be subject to him. - -While most of the independent commentators writing on the subject -seem to have conceived of the duties of the governor as savoring -more of war than of peace, we may note that Manuel Bernáldez -Pizarro, for many years a resident and official in the Philippines, -writing in 1827, urged that the governors there should be efficient -administrators rather than soldiers. It must be remembered, however, -that the political conditions in the Philippines during his period -were widely different from those of the seventeenth and eighteenth -centuries when the Islands were constantly exposed to the attack -of outside enemies and liable to insurrections within. The chief -problems of the nineteenth century were administrative, rather than -military. He pointed out that governors had already exhibited too much -of the militant spirit in dealing with the problems of government, -"not heeding the opinions and customs of the country, but depending -on the force of arms," or their asesores. [463] This had the effect -of causing dissensions between the governor and audiencia, and the -resultant discord had furnished a very bad example for the natives -and residents of the colony. - -The characteristic tendency throughout the history, of the Islands -to lay stress on the military side of the governor's position -was commented on by Montero y Vidal, the modern historian of the -Philippines, in the following terms: - - - The authority of the governor-general is complete, and so great a - number of attributes conferred on one functionary, incompetent, - as a general rule, for everything outside of military affairs, - is certainly prejudicial to the right exercise of his duty; - ... since 1822 the government has always devolved upon an official; - a general, and in the case of his death, a segundo cabo, and, - in case of the death of the latter, a commandant of the naval - station. [464] - - -The preservation of the peace and the maintenance of the defense -of the Islands was the chief responsibility and the most important -duty of the governor and captain-general. Although the audiencia was -ordered to do all that it could to assist, nevertheless the tribunal -was strictly forbidden to restrict or hinder the governor in the -execution of his military duties. [465] The governor's position as -commander-in-chief of the king's forces, and his pre-eminence in -military affairs, were generally recognized. - -Notwithstanding the fact that the early laws conferred exclusive -military powers on the governor, a glance at three hundred years of -Spanish colonial history will show that the audiencias participated -in these matters in two different ways. In fact, an analysis of -the military jurisdiction shows the presence and the exercise, -in general, of two kinds of activity. These consisted, first, of -a special judicial system for the trial of persons under military -law and distinct from the civil jurisdiction, and second, of the -control and disposition of the military forces of the Islands, and -their utilization for defense. One, therefore, was judicial, the -other was administrative, but both of these forces of activity were -within the military sphere. The problem of this chapter, therefore, -consists in determining the conditions, circumstances, and extent of -the audiencia's participation in military affairs, and of its relation -to the authority and jurisdiction of the governor and captain-general. - -As commander-in-chief, the governor was at the head of a special -judicial system for the trial of soldiers under the military -law. This judicial system was independent of the audiencia, and the -latter body, during the greater part of the history of the Islands, -was denied jurisdiction in these cases, even on appeal. [466] We -have already noted, however, the tendency of the law to excuse -these busy executives from direct participation in ordinary -judicial activities. Notwithstanding the governor's status in the -above-mentioned particular, he seldom intervened personally in -the trial of such cases. His position with regard to the military -jurisdiction was similar to his relation with the audiencia, of which -he was president, but over which he seldom presided. - -The actual trial of the criminal cases of soldiers was conducted in -first instance by military tribunals and magistrates. Most prominent -among the latter were the castellán and the maestre de campo. The -captains, themselves, had certain judicial authority within their -companies. [467] Appeals were made from these military judges of -first instance to the captain-general. If there had been notorious -injustice or a grave infraction of the law in the trial of a case of -first instance, it was the governor's duty either to refer the case -to some other magistrate than to the one who originally tried it, or -to a special judicial tribunal. An oidor might be designated to serve -in this tribunal. When the magistrates served in this capacity they -were responsible entirely to the governor and were not identified -with the audiencia. Oidores frequently objected to this service, -but the governor was usually able to enforce these demands, which -were in accordance with the laws and approved by the home government. - -The captain-general exercised the pardoning power. Under some -circumstances cases might be appealed to Spain, but in these suits, -most of which involved personal crimes and misdemeanors, the decision -of the captain-general or the local military tribunal was usually -final, if for no other reason than the fact that the soldiers in -Manila lacked the means to carry their cases further. Those cases -which were appealed usually involved principles of law desirable to -be tested by reference to a higher tribunal. The junta de guerra -de Indias received all appeals from the military officials of the -colonies and solved all questions of a judicial or administrative -character that were carried to it. - -The junta de guerra consisted of four ministers of the Supreme Council -of War who were designated to sit with an equal number of ministers -of the Council of the Indies. [468] It was, in fact, the executive -committee and at the same time the special tribunal of military affairs -for the Council of the Indies. It passed upon such military questions -as were nominally referred to it by the president of the Council of -the Indies, although these cases automatically came to this junta -without the intervention of the president of the Council. It had -jurisdiction over appeals in cases affecting soldiers tried in first -or second instance in the colonies, over the administrative matters of -armament and defense: the equipment of fleets and military operations, -garrisons, military supplies, and munitions. It also tried appeals from -the tribunal of the Casa de Contratación, and, in fact, it exercised -general supervision over that institution in its various activities. - -This was the machinery which existed for the adjudication of military -cases during the greater part of the history of the Islands, the -magistrates of the audiencia officiating as auditores de guerra when -designated by the governor. [469] The royal decree of January 30, 1855, -made a radical reform in this particular, adding two new magistrates, -an auditor de guerra and an auditor de marina and to some extent -relieving the ministers of the audiencia. These magistrates were -appointed by the Minister of War and had original and secondary -jurisdiction over cases involving soldiers and sailors of the -fleet. These new magistrates served as ministers of the audiencia -when their special duties permitted, and they were ordered to consult -with the governor from time to time in regard to matters pertaining to -their respective fields. Though the audiencia was forbidden to concern -itself with cases which belonged to the military jurisdiction, the -regent and two magistrates of the tribunal, acting with the auditor -de guerra or the auditor de marina, could resolve themselves into a -special court for the trial in second instance of cases pertaining -to the respective fields of the last two officials. [470] - -Two or three cases may be described here which illustrate the method of -procedure in the trial of military cases by the tribunals. On January -22, 1787, a royal order was issued on the recommendation of the junta -de guerra de Indias, approving of a sentence of death pronounced upon -a soldier in the Philippines four years before. This soldier had been -sentenced in first instance by the castellán. The captain-general, on -appeal, affirmed the sentence, and the junta de guerra approved the -proceedings when the case was appealed a second time. [471] Another -case, and one which illustrates the slowness of the proceedings of -this junta, as well as the nature of its jurisdiction, was that of a -soldier who had set fire to a powder magazine, causing it to explode, -thereby killing several persons. The culprit was sentenced by the -consejo ordinario de guerra, a sort of local military and strategic -committee, composed of local military officers (in this case a kind -of court-martial), [472] but Governor Basco y Vargas, upon the advice -of his asesor, suspended sentence, directing the case to the junta de -guerra. Nothing was done, however, and on December 10, 1788, Governor -Marquina, successor to Basco y Vargas, wrote to the president of the -Council of the Indies, calling attention to the fact that this soldier -had been in prison for six years awaiting the action of the Council -of the Indies. [473] The matter was then referred to the junta and -the sentence was approved by that tribunal. - -As in all other departments and activities of government, so -in this, there were many opportunities for conflict between the -audiencia and the governor as to authority over cases which by -their nature bordered on the sphere of both the civil and military -jurisdictions. The governor who had the power to assign cases to -whatever tribunal he chose, often took advantage of his position to -bring the trial of civil cases within his own military sphere. Among -these were suits involving the militiamen. These were subject to the -military jurisdiction when they were under arms, and at other times, -being civilians, they were subject to the civil authorities. [474] -An instance of a case of this kind occurred in 1800. A militiaman, -Josef Ruy, had killed an Indian, and the audiencia, on the basis of -its authority over Indians, had sentenced the culprit to death. The -governor, after sentence was passed, reopened the case on the ground -that as a member of the militia, Ruy was subject to the military -and not to the civil jurisdiction, although the militia was not -at that time in active service. The judgment of the audiencia was -therefore suspended. The case, meanwhile, had been appealed to the -Council of the Indies, and that tribunal had approved the sentence of -the audiencia, apparently without taking note of the fact that the -case involved the military jurisdiction. A short time afterward the -Council received a second report from the audiencia, stating that -jurisdiction over the case had been surrendered to the governor on -account of its military character. This procedure was accordingly -approved by the Council. Soon after, report came of the receipt by -the audiencia of the former judgment of the Council, relative to the -action first taken by the audiencia, with the information that since -the will of the Council was known, the governor had surrendered the -prisoner again to the jurisdiction of the audiencia. Disgusted at -the contradiction and cross-purposes at which the authorities in -the Islands were working, the king decreed on March 27, 1802, that -cases involving Indians should be tried in the audiencia, but that -this poor wretch had been tried and retried, condemned and condemned -over again so often that he had already expatiated his crime. He was -accordingly authorized to go free. [475] - -The king administered a severe reprimand to the governor and oidores on -this occasion for their insistence on these small points of personal -dignity in which the real purpose of the law was entirely overlooked -in the pompous insistence of these officials on what they imagined -to be their own particular rights. The case just alluded to began -in 1792, and was carried through ten years of petty strife. The -blame for this cannot be ascribed entirely to the magistrates of -the audiencia, or to the governor, who had to act in accordance with -the law as he interpreted it. The real fault lay in the failure of -the Spanish governmental system to place implicit confidence in the -judgment and ability of its servants. Considering the final ends of -justice, it made little difference whether sentence was pronounced -upon this individual by the governor as military commander, or as -president of the audiencia. It is true that the authorities might -have compromised on many occasions; indeed, from the viewpoint of -history it may be said that they should have done so, instead of so -often wasting their energies on these petty battles. These incessant -disputes were encouraged and facilitated by the ease with which appeals -could be made to Spain, thus hindering the immediate execution of -decisions. The Council of the Indies interfered in details which should -have been left entirely to the colonial authorities. This interference -encouraged appeal, and matters of no relative importance to Spain's -colonial empire frequently occupied a large share of the attention -of the sovereign tribunal. Colonial officials were not entrusted with -the authority and responsibility which they should have had, and the -central government wasted its time attending to small affairs which -should have been concluded by subordinates in the colonies. - -The governor frequently claimed jurisdiction over cases involving -retired soldiers on the grounds that they had once been under the -fuero militar. He also claimed jurisdiction in suits affecting widows -of soldiers, all of which, in accordance with the law of December -11, 1788, should have been tried by the audiencia. [476] Another -abuse frequently perpetrated by the governor was the assumption of -jurisdiction over suits for the payment by military officials of bonds -which they had assumed for defaulted civil officials. [477] In doing -this he was encroaching on the rights of the oficiales reales, and -these were always supported by the audiencia in the contentions which -arose over this question. Cases involving conflicts of jurisdiction -between the civil and military authorities were appealed to the Council -of the Indies, and there, after considerable delay, the proper sphere -of authority was always determined. - -While the audiencia as a tribunal was forbidden jurisdiction in the -trial of cases involving war, we have already shown that the governor -exercised the right of designating oidores to try cases of this nature -on second appeal. The power of enforcing this right depended entirely -on the governor. Frequently the efforts of the governor along these -lines were attended with much difficulty as were those of Governor -Marquina in 1789 when he sought to designate an oidor to assist in the -trial of Antonio Callejo, naval artilleryman on a frigate of war. The -case had first been tried before the proper military judge, but it -was referred on appeal to a tribunal of which an alcalde ordinario of -the city was a member. The governor designated Oidor Yuguanzo to act -as a member of this tribunal for the trial of the case of Callejo on -review. The magistrate begged to be excused on the ground that all his -time was occupied with the trial of civil cases in the audiencia. The -governor called on all the other oidores successively, and all -declined to act. At last he peremptorily ordered Yuguanzo to serve, -telling him that if he objected he might carry the matter to the king -in the regular way, which, according to the laws of the Indies, was to -comply with the governor's demands, under protest, while appealing the -question of disagreement to the Council of the Indies. [478] This was -accordingly done, the magistrate basing his claim to exemption on the -law which prohibited the governor from sending oidores on commissions -outside the audiencia. [479] The governor at the same time filed a -memorial which forestalled all the arguments of the oidor. [480] He -stated that the real cause of the disinclination of the magistrates of -the audiencia to serve as auditores de guerra was their indolence, and -not the pressure of their excessive duties. It was contrary to their -ideas of dignity to be associated with the acting auditor de guerra, -who was not a letrado, and it was therefore considered a sacrifice of -their own personal dignity. The governor stated that no argument could -justify such an attitude on the part of the oidores. The inconsistency -of their position was further shown, he alleged, by the fact that they -had served regularly on the tribunal of appeals of the consulado, in -company with two merchants who were not even lawyers. Hence there could -be no reason for their refusal to serve with an alcalde ordinario. - -The governor based his right to call upon the regular magistrates for -this service on that section of the laws of the Indies applying -to Española, Nuevo Reino, and Tierra Firme, which declared -that jurisdiction over cases affecting soldiers belonged to the -captain-general with inhibition of the audiencia, and that soldiers, -during the time they were under arms, should not be tried on criminal -charges. [481] The governor, according to this law, might call -upon a magistrate to serve as special auditor de guerra for the -determination of cases in second instance. Finally, by April 20, -1784, the king had extended this rule to all other colonies. [482] -Although we have no record of the reply of the tribunal in Spain, -the strength of the governor's position could not well be questioned, -especially since he was resting his case on a law made in 1784, -which was completely up-to-date, while the magistrate's contention -was based on one promulgated in 1609. [483] - -Aside from the duty of the oidores to try military cases when -commissioned by the governor to do so, it will be seen that the -tribunal itself exercised much more extensive authority in the -actual administration of military affairs. Two factors may be said -to have contributed to this. One was the fact that the audiencia -was frequently consulted by the king or governor in regard to -the defense of the colony. The other may be seen in the actual -assumption of the government at various times by the audiencia, and -the successful defense of the Islands by the military forces under -the leadership of the oidores. Notwithstanding the fact that the -governor's recognized sphere of action was military, and in spite of -the repeated prohibitions against the interference of the tribunal -in these matters, the audiencia received considerable official -encouragement and authorization to interest itself in military affairs. - -As the problems of general administration were too serious for -the solution of one man without advisors, so the governor also -found it frequently undesirable to assume sole responsibility for -military affairs. The audiencia shared the acuerdo power in these -matters to a lesser degree than it did in government. The hostility -of the Japanese in the early years, the fear of the Chinese, the -danger of native outbreaks, the raids of the Moro pirates, and the -incursions of the Portuguese, Dutch, and English aroused the fears -of the commonwealth to such an extent that defense was felt to be a -matter of common concern. The governor, upon whom legally rested the -obligations and responsibilities of defense, was glad to share these -duties with any authority that could be of assistance. The history -of the Philippines is replete with instances in which the audiencia -either gave counsel in matters pertaining to defense, or took an -active part in resistance. There were even occasions on which it -advocated offensive warfare. [484] - -We have seen in an earlier chapter that the audiencia manifested a keen -interest in military affairs immediately upon its establishment. In the -chapter on the establishment of the tribunal we noted the memorials -of individual oidores and of the audiencia as a tribunal, advising -the governor and the king as to the necessity of conquering the Moros, -and on the best way of putting down insurrections in the Islands. The -question of defense against the Portuguese and the Dutch was also -discussed in the letters of the oidores. In some cases their advice -was considered, on other occasions the governor complained against -them for exceeding their jurisdiction. One of the most noteworthy -instances of the recognized intervention of the oidores in military -matters was on April 19, 1586, when a council, called together by -Governor Sande and consisting of the governor, the bishop, and the -oidores, considered the immediate occupation of China. This was urged -by Governor Sande, but he was overruled by the moderate counsels of -the bishop and magistrates. [485] - -No better illustration of the willingness of the governor to share -his military responsibilities can be given than the reliance -of Governor Dasmariñas on the religious authorities for advice -in military affairs, after the suppression of the audiencia in -1589. [486] He consulted with them on ways and means of defending the -colony against the Japanese, whose threatening attitude during his -administration rendered precarious the continuance of Spanish power -in the Islands. On one occasion he consulted the religious orders -as to the advisability of expelling all Japanese and Chinese traders -from Manila. The accumulation of provisions against a possible siege, -the seizure of the persons and property of all Japanese residents, -the establishment of a place of refuge for women, children, and -sick persons in case of invasion, and the appropriation of the -property of the natives as a pledge of their good behavior in the -event of hostilities, were measures proposed by the governor to the -religious for their consideration. Dasmariñas, on another occasion, -asked the advice of the Augustinians, Dominicans, and Jesuits as -to the best manner of dealing with an insurrection in Zambales, -and the religious authorities, after quoting scholars, saints, and -theologians, made lengthy recommendations. [487] These facts make -clear the unwillingness of this governor to take the initiative in -affairs pertaining to his own special province. He was content to ask -and receive the advice of priests, monks, and magistrates, on military -affairs. He was willing to seek the counsel of any and all available -persons or authorities who could or would advise him. It is, of course, -clear that the audiencia, when in existence, would be preferred as -a source of advice and counsel to a community of religious. - -Not only did the governor set a precedent of seeking the advice of -the audiencia during this early period, but the king often sought the -opinion of the magistrates in regard to military affairs. Various -matters were referred by the sovereign to the oidores at different -times: questions involving the building of walls and fortifications -of Manila, and the number and size of cannon needed for the proper -equipment of the latter; the audiencia was asked whether it would -be better to bring gunpowder from New Spain or to manufacture it in -the Islands; the magistrates were required on several occasions to -furnish information as to the number of men needed for the defense -of the Islands, and whether the natives would make good soldiers. The -audiencia furnished information to the king concerning the availability -of the various Philippine woods for shipbuilding, and it furnished -estimates as to the probable cost of ships both for commerce and -war. [488] All these matters were supposed to come within the special -military jurisdiction of the governor, yet, not only that official, -but the king himself, required the advice of the magistrates on -these questions. - -The conquest of Mindanao and the war in the Moluccas were also subjects -of correspondence between the court and the local audiencia. [489] -The king, on various occasions, requested information of the oidores -concerning the natives and their attitude towards law and order, -whether the various tribes were quiet, by nature peaceful or warlike, -and what measures, in the opinions of the magistrates, would be best in -dealing with them. The audiencia was consulted on other occasions as to -the best manner of fortifying the Visayan Islands against the attacks -of the Moros, and northern Luzón against the Chinese and Japanese, -the possible cost and most suitable locations of fortifications, -and their availability and probable value in repelling invasions. - -The reliance of the governor and the court upon the magistrates of the -audiencia for advice in the matter of defense was not characteristic -only of the early years of Philippine history. In 1744 Governor Torre -submitted his scheme for the fortification of the city of Manila to -the audiencia before he sent it to the king for final approval. [490] -Torre was aided by a regular council of war (consejo de guerra) of -which the oidores were members and he submitted questions relative -to the defense of the Islands to this council. In 1746, this local -council of war reported on the advisability and feasibility of -manufacturing guns and powder in the colony. [491] Governor Obando, -writing in 1748 to the king, and commenting on the relationship of -the previous governor with the audiencia in the matter of defense, -divided between his predecessor and the audiencia the responsibility -for the payment of ten thousand pesos to bribe the Dutch to keep away -from the city, and not to reduce it. [492] In a subsequent chapter we -shall discuss the important part played by the audiencia in the defense -and surrender of the Islands to the British in 1762. These incidents, -taken at random from various governors' administrations, show that the -audiencia was required to do all that it could to assist the governor -and captain-general in the defense of the colony. It was also called -upon to advise the court on military affairs; thus it was frequently -able to assist in formulating and guiding the policies of the home -government with regard to defense and military administration. In -this way an indirect, but distinct check was placed upon the governor -in his own field, and an incapable or radical executive was thus -prevented from endangering the peace and security of the colony. - -But the influence of the audiencia operated much more effectively -in defense of the colony than through the advice which it rendered -either to the king or to the governor. From 1601 to 1625, during which -period the residents of the colony were continually alarmed by the -unceasing encroachments of the Dutch, the audiencia was frequently -obliged to assume responsibility for the defense of the colony. In -1600 and 1601, when Francisco Tello de Guzmán was governor, Antonio de -Morga, the senior oidor, led an expedition against the Dutch pirate -Van Noordt and defeated him in Manila Bay. In 1607, the audiencia, -then in charge of the government, maintained the defense of Manila -and Cavite against the Dutch. [493] While Governor Pedro de Acuña -was absent in the Moluccas in 1605-1606 on a campaign of conquest, -the audiencia entertained and responded to a petition from the king -of Tidore for assistance in resisting the oppression of the king -of Ternate. The war in the Moluccas was continued by the interim -government of the audiencia (1606-1608). - -The audiencia repeatedly assumed charge of the government during -the frequent absences of Governor Juan de Silva (1609-1616) on -expeditions of conquest; and it governed two years after his death -(1616-1618). Under the leadership of Oidor Andrés de Alcaraz the -military and naval forces of the Islands repeatedly repelled the -invasions of the Dutch. [494] Of special merit was the work of this -oidor in the preparation and equipment of a fleet of seven galleons -which he led in the battle of Playa Honda, on April 14, 1617. In -order to raise money with which to meet the expenses of this campaign, -the audiencia was compelled to resort to the extraordinary recourse -of seizing the money of Manila merchants on its arrival from Acapulco -on the galleon. It also forced loans from residents and officials who -were in the colony. The audiencia authorized the sale and the payment -in advance for space on the galleon of the coming year. Alcaraz, -in a report to the king, stated that the oidores had labored with -diligence for the defense of the colony, personally concerning -themselves with the casting of artillery, the drilling of soldiers, -the obtaining of supplies, and in otherwise preparing the city for -more adequate defense. [495] - -Under the leadership of the able soldiers and captains-general, Juan -Niño de Tavora (1626-1632), Sebastián Hurtado de Corcuera (1634-1635), -and Diego Fajardo (1644-1653), the audiencia interfered but little -with the notable military operations of that period. Exception to this -statement must be made in the cases of the capture and relinquishment -of the island of Formosa in 1629 and 1642, respectively. The audiencia -was unreservedly opposed to the proposed conquest of the island -by Governor Tavora, who, nevertheless, undertook the expedition -and carried it to a successful conclusion. When Governor Corcuera -decided that the position of the Spaniards in Formosa was untenable -and resolved to withdraw the garrison, the audiencia was equally -forceful in its remonstrances. It sent charges to the court against -the governor, alleging that this loss, and that of the Moluccas the -year before would assuredly lead to the greater disaster of the loss -of the Philippines. [496] - -The important part played by the audiencia in the defense of -Manila against the British in 1762 will be discussed in another -chapter. While Governor Rojo and the majority of the oidores were -in the city, surrounded by the enemy, Oidor Anda y Salazar, who had -been sent to the provinces as visitor, organized and maintained a -defense against the enemy. When he was commanded by the governor to -surrender, he refused, successfully maintaining the claim that as -the sole, legally-appointed oidor who had not surrendered, he was -both audiencia and governor, and as such his actions were legal. His -claims were recognized and approved by the king. This is perhaps the -most peculiar and extraordinary example of the audiencia's assumption -of military power. - -The frequent assumption of the government by the audiencia, with -responsibility for matters of defense and military administration -may be cited as an additional reason for its reluctance to -entirely abandon its interest in these affairs on the arrival of a -governor. Notwithstanding this, and the additional fact that the king -and governor frequently consulted the audiencia on military affairs, -the tribunal did not always seek to retain preëminence in military -affairs. This fact is shown by a letter which the audiencia wrote in -1598, acknowledging that "the only cases in which the governor is -entitled to entire jurisdiction are those over soldiers--and these -cases he may try independently, since he is captain-general." [497] -There were numerous other occasions on which the audiencia unreservedly -recognized the jurisdiction of the governor, often protesting against -his excesses in military matters, but going no further than to register -its protestations. For instance, it charged Governor Fajardo with -carelessness in the outfitting of ships to resist the Dutch. One -ship, it was said, was so poorly equipped that it sank before it -left port. Fajardo was moreover accused of removing the commander of -one of these ships, substituting his fifteen-year-old brother, Luís -Fajardo, at a salary of 40,000 pesos. The audiencia contented itself -with remonstrances against these wrongs, but it made no attempt to -interfere. [498] Fajardo had his way in these matters, but he would -have been compelled to answer for them personally in his residencia -had he not died before that investigation took place. - -The governor's accountability for the government of the Chinese was -closely related to his jurisdiction over military affairs. The Chinese -were regarded with great suspicion by the residents of Manila, who -lived in constant fear of an outbreak in the Parián, or of a descent -upon the coast of Luzón by Chinese from without. The problem of the -Chinese was therefore essentially one of defense, and as such it -was entrusted to the governor and captain-general. Nevertheless, the -audiencia claimed the right to intervene in many matters pertaining -to the government of these people, and there was much dissension -between the oidores and the governor over this question. The governor -on some occasions rigidly resisted the claims of the audiencia to -exercise jurisdiction over the Chinese, and on others he invited -the participation of the tribunal. This state of affairs was brought -about by the seeming conflict of the laws bearing upon this question. - -The earliest legislation to be found in the laws of the Indies dealing -with the government of the Chinese was enacted on April 15, 1603. [499] -This law forbade the alcaldes ordinarios to exercise jurisdiction -over suits of the Chinese in the Parián, but it ordered that all cases -involving them should be tried by a special alcalde of the Parián with -right of appeal to the audiencia. A special judge was thus created -by this law, with jurisdiction over the Chinese. [500] The purpose of -this enactment was to establish a system of judicial procedure for the -Chinese, whereby the latter might be kept apart from the Spaniards and -natives in judicial as well as in governmental administration. This -necessity was partly based on economic considerations, and partly -on racial and religious reasons; it was designed essentially for the -protection of the Spaniards. [501] - -On the basis of the above law of April 15, 1603, the audiencia -immediately proceeded to concern itself with the government of the -Chinese. It claimed jurisdiction particularly over the right to issue -licenses allowing Chinese to reside and trade in the Philippines. This -authority was also claimed by the governor and captain-general, -who was responsible for the defense of the Islands. The audiencia -also proceeded to issue regulations for the Chinese trade, laying -itself open to the charge of selfish interest in these commercial -activities. Complaints against the audiencia's intervention reaching -the court, new regulations were issued on November 4 and December 1, -1606, which forbade the audiencia to concern itself with anything -relative to the government and administration of the Parián, or with -the Chinese who might come to the Islands for the purpose of trade, -except at the solicitation of the governor. [502] In the letter -accompanying these orders, the king informed Governor Acuña that -although the Chinese in the Parián were under his charge, he was to -take no important steps for their government without first consulting -the audiencia. The inference of this law is clear, therefore, that the -audiencia might have other activities than the purely judicial. This -implication gave rise later to a considerable difference of opinion, -but in consequence of this law the governor was established as the -fountain of authority in Chinese affairs, with the oidores in a -secondary position. - -On June 12, 1614, Philip III re-enacted the above law with some -modifications. The fiscal was made legal protector of the Chinese. He -was ordered to advise the alcalde of the Parián in legal matters -pertaining to them, and the alcalde was to take no important steps -without the advice and assistance of the fiscal. [503] The governor -was ordered not to allow any ordinary or special judge, alcalde del -crimen, or oidor, to exercise jurisdiction in first instance over civil -suits or criminal cases of the Chinese, or to make inspections in the -Parián. The last clause of this law, however, qualified and rendered -dubious the effect and meaning of the entire enactment, by adding, -"unless in a case so extraordinary, necessary and imperative that it -may appear convenient to limit this rule." - -It will not be extraneous to point out here that this was a common -weakness of many laws, by which they were frequently rendered -entirely inapplicable. In this case, for example, the evident object -was to prevent the oidores from interfering in Chinese affairs, -thus guaranteeing the government and administration by officials -who were endowed with knowledge and understanding of their racial -characteristics and peculiarities, while centering the ultimate -responsibility for them in the governor. It was realized, however, -that exceptional cases might arise in which some other procedure -might be advisable, and accordingly a loophole was left whereby the -entire law could be nullified. The audiencia was thus given a basis -for intervention in the government of the Chinese whenever it suited -the convenience of the magistrates. This defect is emphasized here -because this particular exception justified the intervention of the -audiencia on many occasions, and was a cause of continual contention -between the governor and the audiencia in Chinese affairs. - -Although it is difficult to settle conclusively the question of -the extent of jurisdiction which the governor and the audiencia, -respectively, exercised over the Chinese in the Parián, a few cases -may be presented in this connection to show that both the governor and -the audiencia were justified by royal authority in advancing claims to -control. On December 4, 1630, the king wrote a scathing arraignment of -the audiencia for having entertained an appeal from the Chinese over -the head of the governor, practically disregarding the latter, and for -making recommendations relative to the Chinese and to military affairs, -which questions were entirely outside its province. [504] One of the -items of the report of the recent visitor-general to the Philippines, -Licentiate Francisco de Rojas y Ornate in 1629, had been a charge that -the audiencia had condemned and fined a Chinese merchant for smuggling -munitions of war into the colony, after the latter had proved that he -had been acting under the instructions of Governor Silva. [505] The -visitor-general took the position that this case was entirely within -the military sphere; therefore the governor's decision was final, -and the audiencia was proceeding without jurisdiction in attempting -to deal with it. The king called upon the tribunal to justify its -action in the matter. [506] It is to be noted that in this case the -point at issue was not that the audiencia was interfering with a -Chinaman who should have been punished by another authority, but that -in assuming jurisdiction the audiencia had infringed on the special -prerogatives of the governor with regard to war and government. The -frequency and seriousness of the Chinese insurrections in the early -seventeenth century, and the fear of a hostile invasion from China, -placed all questions of dealing with the Chinese upon a military basis, -hence the authority of the governor. - -Much correspondence of various kinds might be cited to show that -the governor was encouraged to consult the audiencia on Chinese -affairs. Not only was the governor expected to do this, but the -king himself directed many letters to the "governor and audiencia" -and to the "governor and oidores," in which he asked for advice and -information bearing upon Chinese affairs. As we have already seen, -cédulas treating of these matters were frequently expedited to the -"governor and audiencia." The audiencia was requested by the royal -authority on August 8, 1609, to submit information as to the truth of -various statements by persons in the Islands that the Chinese were -carrying away vast quantities of silver. The audiencia was ordered -to enact measures which would stop this abuse, which, if persisted -in, would inevitably result in an impoverishment of the Philippine -community and government. The oidores were asked to suggest a course -of action which would result in the retention of the Chinese trade -and at the same time prevent the Chinese from doing irreparable damage -to the royal exchequer in the ways alluded to. [507] - -In further illustration of the same subject, we may note the -instructions of the king to Governor Silva, dated March 27, 1616. On -this occasion the king prescribed a course of action for the governor -to follow in case of the invasion of the Islands by the Chinese and -Japanese. He was especially directed to prevent a union of the Chinese -in the Parián with the forces of the expected invaders. Silva was -ordered to take no steps without first consulting the oidores. [508] -On July 25, 1619, having received news of the insubordination of the -Chinese in Manila and of the danger of a revolt among them, the king -wrote to the "president and oidores" expressing the belief that too -many Chinese had been admitted to the Islands and that thereafter only -enough should be permitted to man the ships and carry on trade. [509] -The authorities to whom this letter was directed were charged not -to allow the royal will relative to this matter to be disregarded, -which, of course, implied the exercise of an executive power on the -part of the magistrates, in addition to consultative authority. - -Again, on December 31, 1630, the king wrote to the governor and -audiencia, stating that there had been received at the court from the -Chinese of the Parián, a series of memorials, letters and petitions, -complaining against the rigor of Spanish administration and requesting -that they might be governed by mandarins, governors and alcaldes -mayores of the "Chinese nation." The king signified his unwillingness -to comply with their request at this time, and accordingly ordered -the governor and audiencia to permit no changes to be made. [510] -On July 27, 1713, the tribunal, acting in a legislative capacity, -decreed that within thirty days "all Moros, Armenians, Malabars, -Chinese and other enemies of the Holy Faith" should be lodged in the -Parián when visiting Manila, or when living there temporarily for -purposes of visit or trade. Penalties were also prescribed for the -infraction of the above law. [511] This affords one illustration out -of many which could be cited of the legislation of the audiencia in -Chinese affairs. [512] - -On May 14, 1790, the king wrote to the "governor and president -of the royal audiencia" and also to the tribunal, ordering the -re-establishment of the Parián. This Chinese quarter had been abolished -since 1756. It was agreed that the Chinese in this district should be -ruled by an alcalde, who should also hear cases in first instance, -with appeal to the audiencia. It was furthermore decreed that the -Chinese population in the Islands should be fixed at 4000 and that each -individual should be taxed at the rate of six pesos per capita. [513] -This tax was to be collected by the cabecilla of the Chinese, a sort -of local leader, subject to the alcalde of the Parián. This cédula, -the king stated, was originally suggested by the acuerdo of the -audiencia, and had been submitted for royal approval, which had been -duly conceded. This correspondence, which shows the real operation -of the government much more accurately than the citation of laws -alone could do, makes it quite clear that throughout the history of -the Islands, notwithstanding the existence of many cédulas to the -contrary, the audiencia exercised advisory power in regard to the -government of the Chinese. This authority was repeatedly recognized -by the governor and by the king himself. - -After the inauguration of the superintendency of real hacienda -at Manila in 1787, the incumbent of that office was made largely -responsible for the Chinese. This was probably so arranged because the -care and administration of the Chinese at that time involved questions -of finance rather than of war and defense. It will be remembered, -too, that, during much of the time, the office of superintendent was -combined with that of governor. A number of disputes arose between the -governor and the intendant after the latter office was created in 1785, -[514] but after the union of the governorship with the superintendency, -no further occasion of dispute arose. During the greater part of the -nineteenth century, the peculiar nature of the office of intendant -gave to the latter official the duty of collecting the licenses of -the Chinese, subject to the superintendent. - -There yet remains something to be said regarding the administration of -justice among the Chinese, and we must note certain typical disputes -and disagreements which arose in that connection. That the audiencia -had authority to try cases in second instance involving the Chinese -has already been stated. Likewise the oidores were liable to special -delegation to try cases of an extraordinary character which arose -among the Chinese, as, for example in 1786, when Oidor Bolívar y -Meña was designated to try in first instance charges which had been -made against Chinese bakers in the Parián, who were said to have -put a quantity of powdered glass in bread which they had made for -the Spaniards. This case was regarded as one of more than ordinary -significance, as involving treason and insurrection, and it was -accordingly tried by an oidor who had been especially delegated for -the purpose by the governor. [515] - -The question of Chinese jurisdiction is further illustrated by -a dispute which arose in the colony between the audiencia and the -governor, and which was carried to the king by the latter functionary -on June 30, 1793. Oidor Moreno had ordered the arrest of the Chinese -cabecilla of the Parián on a criminal charge. [516] The detention of -the Chinaman was conceded to be justifiable, but Governor Marquina -alleged that Moreno had entirely disregarded the cédula of October -11, 1784, which had ordered that in case of the arrest of any royal -official, notification should be served to the governor in sufficient -time for him to take the proper precautions for the safeguarding of -any of His Majesty's property which might be in the care or under the -protection of the official in question. He said that this particular -arrest was typical of the petty interference of the oidores and -illustrative of the slight pretexts upon which they frequently upset -the whole system of government and caused untold annoyances. On account -of the many difficulties in the collection of the tribute which had -presented themselves as a consequence of the arrest of this particular -Chinese official, and because the latter was especially efficient, -the governor had asked the audiencia to permit the cabecilla to be -excused on condition that he should bind himself to return to the -custody of the audiencia after he had collected the taxes. This the -tribunal had refused. The government, as a consequence, had been put to -much inconvenience in finding a substitute, and the sum collected had -been considerably less than was usually obtained, owing to the lack -of experience of the new collector. After the cabecilla had been in -prison over four months, he was brought to trial, and nothing being -proved against him, he was freed. The audiencia, however, had won -its point, and had manifested its right to the last word in judicial -affairs relating to the Chinese. - -The difference between the appellate jurisdiction of the audiencia in -contentious cases involving Chinese and in administrative matters which -it did not have is illustrated by a case which came up in 1794 and -lasted through twelve years of litigation. In the year aforementioned, -the ayuntamiento of Manila brought suit before an alcalde ordinario -of the city against a Chinese, Augustín Chagisco, on a charge of -the failure of the latter properly to fulfill a contract which he -had made to supply the city with meat. The alcalde ordinario, before -whom suit had been brought in first instance, cancelled the contract, -and the Chinese appealed to the audiencia. The tribunal, after due -consideration of the case, restored Chagisco to his status as provider -of meats (abastecedor de carne) for the city. Instead of appealing -the case as one of law, the ayuntamiento wrote to the king on January -19, 1796, alleging that the audiencia had interfered in behalf of a -Chinese whose services the ayuntamiento had discontinued as provider -of meats, over which matter the audiencia had no jurisdiction. The -king immediately gave expression of his approval of the stand of the -ayuntamiento, being of the impression that the question at stake was -one of appointment only. [517] At the same time the king demanded -a full explanation from the oidores as to why they had interfered -in this matter which was so far removed from their jurisdiction. The -audiencia, in reply, sent all the records and testimonios of the suit -to the Council, and that tribunal called upon the ayuntamiento in -due time to explain why it had misrepresented the case. After a long -period of acrimonious correspondence between the Manila authorities, -the case was concluded on February 19, 1806, by a reversal of the -earlier decision, and His Majesty sent a letter of congratulation -and approval to the audiencia in appreciation of its stand in the -matter. [518] The king informed the tribunal that it had been entirely -regular in its proceedings, having reversed the decision of the alcalde -ordinario in a legal suit which had been appealed by the Chinese to the -audiencia in protest against the adverse decision of the lower court. - -Without carrying this discussion further, it is clear that the -audiencia had general appellate jurisdiction in cases involving the -Chinese. These cases, when they originated in the Parián, were tried -in first instance by special judges for the Chinese, but suits brought -against a Chinese who lived outside, or suits of a semi-public nature, -as the one just noted, might be tried in first instance by the ordinary -judges. It has also been noted that oidores were sometimes delegated -to try cases in first instance involving treason or insurrection of -Chinese. In regard to matters of government, it may be said that -the governor was held responsible, but even in these the oidores -participated in an advisory capacity. - - - - - - - -CHAPTER VIII - -THE AUDIENCIA AND THE GOVERNOR: CONFLICTS OF JURISDICTION - - -Although it may be said that the relations of the governor and the -audiencia were comparatively peaceful and harmonious throughout the -history of the Philippines, there were many conflicts of jurisdiction -and these struggles for power assume great prominence on account of -their bitterness. An investigation of the principles underlying them -and the arguments advanced by the contending parties will go far -towards explaining the relationship of the audiencia with the governor. - -Certain factors and conditions were always prevalent in the colony -to cause trouble and provoke enmity between the governor and -the oidores. Chief among these were the rivalry between them for -commercial profits, jealously of power and advancement, and the -desire on the part of all, and particularly of the governors, to -enrich themselves. Officials tended to regard their appointments -as commissions to engage in profitable ventures and business -undertakings--opportunities which were to be immediately improved. It -is probable that the presence of the audiencia did more to check -this tendency than any other agency, for the documents bearing on -the history of the colony are replete with charges made by oidores -and fiscales against governors. It is also true that the oidores -did effective work in correcting the misdeeds of the provincial -governors and justices on their official tours of inspection. That the -audiencia should accomplish this result was to be expected, since the -leading purpose of its establishment was to check the excesses of the -governor. The other side of the question cannot be neglected, however, -for charges were made in sufficient number against the oidores. It -is with these charges and counter-charges, memorials, complaints, -and arguments that the present chapter is concerned. - -The method to be pursued in this chapter will be that of indicating -in all fairness both sides of these conflicts, not with the purpose -of seeing which side was right, but with the object of obtaining -the respective viewpoints of the governors and magistrates. We shall -first consider evidence which was submitted in behalf of the audiencia -against the governor, and in turn, that of the governors against the -oidores. This method of procedure is the only one feasible since the -materials here utilized consist mostly of arguments for or against -the governor or audiencia, respectively. - -We have already seen that the first notorious disagreement in the -colony arose between Bishop Salazar and Governors Ronquillo de Peñalosa -and Santiago de Vera. This occurred before the establishment of the -audiencia. The audiencia was in fact established partly to have an -impartial tribunal present to arbitrate such disputes, and partly to -check the excesses of the governor. [519] We have also given attention -to the charges made by Oidor Dávalos against his fellow-magistrates -and the governor shortly after the audiencia was established. It has -been noted that the incessant quarreling between the governor and -the audiencia from 1584 to 1589 was one of the causes for abolishing -the tribunal at the latter date. From 1590 to 1595 the governor was -supreme in matters of government, war, and justice. It was clearly -shown during this period that the discord of a quarrelsome tribunal -was eminently to be preferred to the unchecked abuses of an autocratic -governor. In 1595 the audiencia was re-established by royal enactment; -from that date onward it became a permanent part of the government, -notwithstanding the fact that its relations with the other institutions -of the colony were not harmonious. - -There were two complaints most frequently made against governors. One -of these was their commercial excesses and the other, their abuse -of the power of appointment. The former consisted of the monopoly -of galleon space for themselves, or their friends, the acceptance -of bribes from merchants for various favors, or the manipulation of -the Chinese trade in some way for their own advantage. The tendency -of governors to appoint their friends and relatives to office, -notwithstanding the royal prohibition, and the apparent inability of -the audiencia to prevent this was a source of complaint, especially -during the early years of the colony. [520] Dishonest proceedings in -the sale of offices, including the retention of the money received and -the disposal of offices to friends for nominal sums, were among the -irregularities of the early governors. These abuses the magistrates -often knowingly permitted in return for some favor allowed them -by the governor. That the laws which forbade these abuses of the -power of appointment had been openly and flagrantly violated was -a charge brought up repeatedly in the residencias of governors and -magistrates. An examination of the correspondence of the seventeenth -and eighteenth centuries would almost lead to the belief that the -home government despaired of ever righting these wrongs, and left -them unpunished, rather directing efforts towards reform in other -channels in the hope of remedying greater defects. - -Perhaps no governor more flagrantly disregarded the audiencia -and the royal authority which it represented, or more frequently -laid himself open to complaints on account of his violent conduct -than Alonso Fajardo, who ruled from 1618 to 1624. Numerous charges -were brought against him by the audiencia, some of which concerned -itself, and some had to do with the general administration of the -government. It was charged that Fajardo sought to usurp the judicial -functions of the tribunal, and to assume control of the administration -of justice. He had on one occasion broken up a session of the court -during the trial of a certain person for murder, ordering a sergeant -to take him out and hang him. Fajardo defended himself against this -accusation by alleging that the criminal was a sailor from the royal -fleet, whom he, as captain-general, had already condemned, and that -the audiencia was acting illegally in entertaining the case. Fajardo -was said to have released prisoners at his own pleasure, and to have -abused the pardoning power. He had made threats of violence against -the magistrates in the court-room. - -The audiencia not only complained against this governor's interference -with the exercise of its functions as a court, but it manifested a -wider interest than the purely judicial by complaining against the -excesses of the governor in his own administrative field. The charge -was made that Fajardo had bought up due-bills and treasury certificates -from the soldiers and other creditors of the government, at less than -their face value, and had presented them to the oficiales reales, -realizing the full amount on them, and retaining the proceeds. He -was charged with exacting large sums from the Chinese in exchange for -trading privileges, retaining the money himself instead of putting it -into the treasury. He was said to have forced loans from the merchants -in order to make up financial deficits, and to have taken money out of -the treasury, secretly, at night. Another charge brought against him -was that of allowing favorites to go out and meet the incoming ships -of the Chinese, thereby obtaining for himself and for them the choice -parts of the cargoes in advance of the merchants of Manila. [521] -There is no evidence that the tribunal was able to put a stop to -these abuses. - -Oidor Álvaro Messa y Lugo, in a letter written to the king on July 20, -1622, continued the campaign which had been started by the audiencia -against this governor. He claimed that Fajardo had sought to prevent -officials and private citizens from sending complaints to Spain against -him by examining all the outgoing mail before it left the colony. The -oidor showed that wastefulness, private trade, bribery, carelessness -in the administration of the exchequer, neglect of shipbuilding, -corruption, and personal violence were among the misdeeds of this -governor. Messa reported that he had tried unsuccessfully to authorize -the auditing of the accounts of the galleon for two successive years, -in accordance with the royal instructions which ordered that it -should be done at the termination of each voyage by the fiscal and -two oidores. [522] Messa said that the governor feared to have the -colony's finances examined for it was well known that they were in -a deplorable state. - -One instance of the governor's financial ingenuity which was given -by Messa, illustrates the limitations placed by the audiencia on the -governor's appointing power. The audiencia relieved the secretary of -government, Pedro Muñoz, of his office upon the expiration of his -term, selling the place to Diego de Rueda for 8000 pesos. Fajardo -dispossessed Rueda and restored the office to its former incumbent -for 1500 pesos. The audiencia's action in disposing of this office -without the consent of the governor was justified by a law promulgated -on November 13, 1581, ordering that offices should be bestowed only -upon persons of such qualities and attributes as met with the approval -of the royal justices. [523] The governor emerged triumphant in this -contest, however, because it was generally recognized at that time -that his word should be final in matters of appointment. Although -we have seen in a former chapter that the governor consulted with -the audiencia when an important appointment was to be made, the -audiencia's intervention in matters of appointment depended largely -on the strength of the tribunal and the relations existing between -it and the governor. During this administration the audiencia was -notoriously weak and harmony did not exist. - -The memorial presented by Messa y Lugo was chiefly concerned with the -story of his own arbitrary arrest and imprisonment at the instigation -of Fajardo on trumped-up charges, as he alleged. The judicial inquiry -lasted two months, and it furnishes an excellent example of the power -of a governor over a weak audiencia. The occasion for the investigation -had been a disagreement between the governor and the oidor over -the latter's claim to act as administrator of the property of Oidor -Alcaraz, who had died in office. The governor, by the appointment -of a magistrate favorable to himself as juez de difuntos, had hoped -to control the administration of the property, since Messa was under -sentence of residencia, and the remaining magistrates of the audiencia -were favorable to him. Moreover, Fajardo wished to forestall certain -charges of misgovernment which he knew that Messa was prepared to -make against him. Consequently the governor designated an alcalde of -the city to conduct the residencia. Messa was given practically no -opportunity to defend himself. His property was sequestrated, even -to his wife's clothing. Seeing that he could not obtain justice, -he escaped from prison and took refuge in a Dominican convent. - -Messa, from the seclusion of the monastery, challenged the legality of -the governor's procedure. According to his contention, the previous -law authorizing the governor to name an alcalde ordinario to try -an oidor, was now a dead-letter. Its chief defect had been that an -alcalde, who was the creature of the governor, would always aim to -render a decision pleasing to his master. He urged that the law -then in force authorized the governor to proceed with the trial -of an oidor, only upon consulting the audiencia, and moreover that -resulting condemnations, if they were personal or corporal, should be -confirmed by the Council of the Indies. [524] Messa therefore claimed -that the governor had no authority to proceed with this case alone, -since "those nearest (your Majesty), as are the auditors (oidores), -cannot be imprisoned or proceeded against except by your Majesty or -the royal Council, or by your order." - -The oidor then proceeded to show the extent to which, in his opinion, -the governor might intervene in the sessions and proceedings of the -audiencia. He wrote: - - - The president, in virtue of his superintendency over the Audiencia, - may ordain to the auditors what may be the just and reasonable - in matters that pertain to the government and its conservation; - and even, in the heated arguments that are wont to arise between - the auditors, has authority, in case the nature of the affair - might require it, to retire each auditor to his own house, until - they make up the quarrel; and, should he deem it advisable, - he may inform your Majesty. For the ordinance does not say that - the president and alcaldes shall proceed, arrest, sentence and - execute justice in criminal cases affecting the auditors. [525] - - -This is the interpretation which Messa placed upon the law giving -authority over the trial of magistrates of the audiencia to the -governor. - -Messa then proceeded to discuss other matters relative to the -respective spheres of the governor and audiencia. The governor had -broken open the chest of the audiencia, extracting a large sum and -spending it without accounting for the expenditure, and without -any beneficial results. He was guilty of four murders, one of his -victims being his wife. The audiencia should be empowered to try him -for these crimes, but it lacked jurisdiction. During his term Fajardo -had exercised such absolute power that justice had been paralyzed and -litigants were holding back their suits from trial because justice -could not be obtained in the audiencia. The governor had sent from -the Islands more than a million pesos in goods and money, all of -which he had obtained through fraudulent and illegitimate means. - -The governor had quarreled finally with the oidores who had remained -faithful to him; one of these had become incapacitated through -sickness, while the other had taken refuge in a Jesuit convent. The -audiencia was thus dissolved. The governor, feeling the need of -a tribunal, withdrew the charges against Messa, and ordered the -latter to come back and resume his office. The oidor complied, but his -hostility toward the governor had in no way abated. Messa concluded his -memorial with the request that a visitor should be sent to the colony -to investigate the charges which had been made against the governor, -and at the same time to restore the audiencia to its rightful position -in the colony. He stated his conviction that the office of governor -should be abolished, and that the audiencia should be empowered to -act in his place. This belief he justified by the statement that the -audiencia had already successfully acted in the capacity of governor -and had administered affairs with great satisfaction. - -The power which the governor had of imprisoning and chastising -magistrates of the audiencia who dared to oppose him, enabled him to -emerge victorious in his struggles with that body. He was even able -to completely suppress the audiencia. Nevertheless he was obliged, -through the need of the tribunal which he had vanquished, to restore -it again, although it was opposed to him. In no less than three cases -governors, in order to comply with the law requiring that there should -be at least one oidor of royal appointment, were obliged to restore to -the audiencia magistrates who had formerly been under arrest. Being in -possession of all the powers of an executive, the governor was usually -able to reduce the audiencia to subserviency, unless the dispositions -of the opposing oidores were such that they would not submit. On -the whole, the audiencia seemed unable to check the excesses of the -governor, by virtue of its authority, and the oidores were obliged -to confine themselves to protests and appeals to the king; these, -only after years of delay, effected the removal or punishment of the -governor and the appointment of another to continue his excesses. - -The complaints which Messa made on this occasion resulted in bringing -to the Islands a visitor who conducted a lengthy, though somewhat -tardy, investigation. Fajardo was already beyond the punishment of -earthy kings and tribunals. But his property was seized and his -heirs were fined; aside, however, from the removal of various of -Fajardo's subordinates, the government was but little better for the -protestations and appeals made by the audiencia. The oidores, instead -of obtaining the desired reform measures, were usually rewarded for -opposing a tyrannical governor and appealing to the court for support, -by a reprimand for quarreling and an admonition to be quiet and -peaceful, to preserve harmony, to attend strictly to their own affairs, -and to abstain from interference with the government. Indeed, judging -from the many similar replies which the oidores received in answer to -their charges against governors, it appears that the preservation of -harmonious relations between the officials of the colony was much more -important than good government. Usually, however, in these struggles -between the audiencia and the governor the contentions of one side -or the other were based on law and justice. The effectiveness of -the Spanish colonial government would have been greatly increased -had the Council of the Indies taken advantage of these opportunities -to investigate the principles at stake and support the right side, -rather than by issuing impotent injunctions and remonstrances. - -The most significant controversy which ever occurred in the Philippines -between the governor and the audiencia arose in connection with the -banishment of Archbishop Pardo in 1683. It is not the purpose here -to give a detailed account of the Pardo controversy, which will be -discussed again in connection with the relations of the audiencia and -the church. However, since this episode involves certain incidents -illustrating important phases of the relationship of the governor and -the audiencia, it is desirable to refer to it here in considerable -detail. - -The real occasion for this conflict was the defiance of the laws of -the royal ecclesiastical patronage by the archbishop, who insisted on -making ecclesiastical appointments without consulting the governor. The -governor appealed to the audiencia for support, and the tribunal -exercised jurisdiction over the case on the basis of its right to try -cases of fuerza and to prevent ecclesiastical judges from infringing on -the civil jurisdiction. Juan Sánchez, the secretary of the audiencia, -relates that, owing to the interference of the Dominicans and Jesuits, -and their harsh public criticism from the pulpit of the audiencia and -government, "the royal Audiencia felt obliged to advise its president, -then Don Juan de Vargas, that he should apply a corrective to these -acts." [526] This corrective was the banishment to Spain of certain -individuals of the Dominican order to answer for their misdeeds -and ultimately the exile of Archbishop Pardo from the city. It is -enough to say that Governor Juan de Vargas Hurtado and the audiencia -acted in harmony on this occasion, presenting a solid front to the -ecclesiastical power. When the new governor, Curuzaelegui, arrived, -however, he forced the audiencia to ask pardon and absolution from -the archbishop, which the magistrates did on their knees. The new -governor disgraced Vargas in the residencia, waiving for a time -the residencias of the oidores. Pardo was recalled from exile, and -the audiencia was forced to legalize his restoration to his see on -October 25, 1684. Thus the new governor and the archbishop triumphed -over the combined forces of the ex-governor and the audiencia. - -It is clear that the power of the new governor was derived chiefly -from his status as royal vicepatron, acting in conjunction with the -archbishop. This power Vargas had formerly employed in co-operation -with the audiencia, and thereby both had gained their victory over -the prelate before the arrival of the new governor. Curuzaelegui used -the same authority to recall Pardo; and in so doing he was probably -the only governor in the history of the Islands who ever supported -a prelate against the advice of the audiencia. The combination of -a governor and an audiencia was much more frequent, as we shall -see. The position of the governor was strengthened, also, by his -commission to conduct the residencia of Vargas, and the respect -which the audiencia had for him was increased by the fact that in -judging the ex-governor's misdeeds he was also authorized to hold -the oidores responsible for all their official opinions and acts -in acuerdo with the disgraced governor. [527] Another source of the -governor's strength was to be found in the royal instructions which -he carried with him to stop the quarrels previously existing in the -colony. The oidores very prudently submitted to the new governor, -and therefore, for a time, they were patronized by the latter, who -utilized their intimate knowledge of local affairs to aid him in -obtaining control of the government and familiarizing himself with -it. Meanwhile he literally held the residencia over their heads. - -The attitude of the new governor toward the audiencia during the first -six months may be described as conciliatory. That he did not act with -entire independence of it is attested by the fact that when Vargas -appealed to the tribunal against the ecclesiastical penalties imposed -by the archbishop, the governor signed the act ordering the absolution -of his predecessor. When the archbishop persisted in his intention -to humiliate Vargas on the ground that the Inquisition demanded such -action, the new governor threatened again to expel the prelate if -he did not desist. [528] His pacificatory efforts also resulted in a -temporary cessation of the hostility between the archbishop and the -audiencia; he held private conferences with the oidores, manifesting -repeatedly his determination to proceed harmoniously with them. As -a result of this treatment, the magistrates were emboldened to urge -that the return of the prelate was contrary to law, and inconsistent -with all precedent. - -Finally, unable to resist the pressure exerted by the archbishop, -and obtaining advance information of the royal condemnation of the -audiencia for its acts in the banishment of Pardo, the governor -arrested, imprisoned, and exiled the magistrates, temporarily -reconstituting the tribunal with local and more subservient -members. [529] Curuzaelegui's proceedings were thenceforth as -high-handed as they had formerly been conciliatory, and from that -time onward the residents of the colony were subjected to the rule -of an absolute governor, aided by an unscrupulous and vindictive -prelate and a subservient audiencia. Just before his imprisonment, -Magistrate Bolívar, in a letter to the Minister of the Indies, -described the chaos existent in Manila as follows: - - - Here there is no will, save that of a governor, since he is - absolute, we all had to acquiesce, under compulsion and pressure, - in the restitution of the archbishop; [530] ... to state the - case in few words, the archbishop does whatever suits his whim, - without there being anyone to restrain him. [531] - - -Fray Luís Pimentel, a Jesuit, in a letter which he wrote to a friend, -stated that the arrest of the oidores by the governor had been inspired -by personal spite and a desire for revenge. He had desired to punish -magistrates Viga and Bolívar, particularly for their opposition to him -in matters of administration and in his trading-schemes. The governor -was also said to have been actuated by a suspicion that these oidores -had formulated elaborate charges of misgovernment against him, and -he desired to prevent these complaints from reaching the king. [532] - -Pimentel proceeded to relate that the governor then found himself -embarrassed without the aid of an audiencia, and had accordingly -formed another of his own selection. This body was careful to execute -the governor's will in every particular; consequently there was no -check on his misrule. This new audiencia approved all the acts of -the archbishop and refused to entertain the appeals of the ex-governor, - - - royal decrees were despatched against the preachers (Jesuits) - who zealously proclaimed from the pulpits the arbitrary and - malicious character of the recent acts, and the Dominicans alone - had the privilege to utter whatever absurdities they pleased in - the pulpits.... No authentic statement of the evil deeds of these - years can be sent to the court for the scriveners are intimidated - and will not give official statements of what occurs, except - what may be in favor of the governor and the archbishop. Item, - (this) is written in much distrust and fear, on account of the - numerous spies who go about prying into and noting everything - that is done. [533] - - -Pimentel stated that the archbishop, who was a Dominican, had used -this rupture between the governor and the audiencia, and the favor of -the governor, particularly, as an occasion and pretext for imposing -on the Jesuits and Franciscans. He had deprived them of their lands -and parishes, and had obtained many favors for the Dominicans and -Augustinians at the expense of the rival orders. "It seems as if -the governor had come to the islands," Pimentel wrote, "for nothing -else than to encourage the Dominicans in their rebellious acts, to -trample on the laws, to abolish recourse to the royal Audiencia, to -sow dissension, to be a tyrant, to disturb the peace, and to enable -the archbishop to secure whatever he wishes, even though he imposes -so grievous a captivity on the commonwealth." [534] - -The Pardo controversy and its consequences show the extremes to which -a weakened audiencia was reduced on occasion by a new governor who -came to the Islands, armed with recent royal decrees instructing -him to bring about peace and order. Curuzaelegui, assisted by the -royal visitor, who bore instructions even more recent than those -of the governor, imprisoned and exiled the oidores, confiscated -their property and brought about their ruination and death. He -then appointed another audiencia of his own choice. All these acts -were strictly legal, and in accordance with his instructions. The -governor's conduct before the appointment of the visitor was more -lenient and tolerant than afterwards. This shows that he realized the -necessity of fulfilling the royal will, the policies of which were -entrusted to Valdivia for execution, even at the expense of harmony -with the local tribunal. Had he not been assured of the support of -the church on the one hand, and of the royal approval on the other, -as shown by the commission of Valdivia, it is improbable that he -would have broken with the audiencia, or would have attempted to use -his power so extensively. The presence of an audiencia was necessary -to the government of Curuzaelegui. This is shown by his conciliatory -attitude toward the tribunal of Vargas, until he knew that it was -under the condemnation of the king, also by his own act in forming -a new one. This controversy clearly illustrates the extent to which -a governor might use his power, and it shows, on the other hand, -the indispensable character of the audiencia, even at a time when it -was least powerful. Curuzaelegui, in the name of the king, completely -obliterated the legally constituted audiencia, appointing another to -serve until it could be legalized by regular appointment. - -Chronologically speaking, the next great struggle which throws -light on the subject which we are considering, occurred during the -administration of Governor Bustamante (1717-1719). The audiencia was -reduced to a deplorable state of helplessness and inefficiency on -this occasion, and the circumstances surrounding its relationship -with the governor were in many ways similar to those which have -been described. For a period of two and a half years antecedent -to the coming of Bustamante, the government of the Philippines had -been nominally in the hands of the audiencia, but in reality, under -the control of the senior magistrate, Torralba. One of the first -acts of Bustamante, after his arrival in the Islands, was to take -the residencia of Torralba, and this investigation led him to make -serious charges against the other magistrates. In the residencia which -followed, the finances of the colony were found to be in bad condition, -and all the officials of the civil government, as well as many of -the churchmen, were discovered to be deeply interested in private -trade, to the neglect of their duties and to the detriment of the -government. Large amounts of money were found to have been smuggled -without permission into the colony on the galleon from Mexico. The -accounts of the treasury department were discovered to have been -loosely kept, and many of the officials, including magistrates of the -audiencia, were found to be serving without financial guarantees. [535] - -Bustamante immediately took steps to re-organize the government and -to place the finances of the colony on a sound footing. He put a stop -to the smuggling, forced the merchants to pay the authorized duties, -and imposed fines on those who had been guilty of negligence and -misconduct. At the end of six months the efforts of Bustamante had -netted a sum of 293,000 pesos to the royal treasury. His successful -efforts towards clearing up the finances of the colony, making -every person pay his just dues without regard to position, rank, -or affiliation, and the seeming harshness of his methods incurred -general hostility and contributed largely to his downfall. [536] - -His investigation of the finances was said to have revealed a -shortage of over 700,000 pesos, for which he held Torralba and the -other magistrates responsible, putting, most of the blame, however, on -Torralba. All but one of the magistrates were arrested and incarcerated -in Fort Santiago. Before this was done, however, Bustamante asked -the advice of the archbishop, the religious corporations, and the -universities, as to what steps he should take in the matter. He -recognized that he would be seriously embarrassed without an audiencia, -but the investigations which he had made showed that all of the oidores -were guilty of misappropriation of the government funds. Would he -be justified in forming an audiencia of his own selection, composed -of duly qualified lawyers, with one minister of royal designation -remaining? It was his opinion that the presence of one regularly -appointed magistrate would lend legality to the entire tribunal, so he -asked advice as to which of the three oidores would be most suitable to -retain. He cited as a precedent in favor of his reconstitution of the -audiencia the action of Governor Curuzaelegui in 1687 and 1688 when he -exiled and imprisoned the oidores and reformed the audiencia with his -own appointees. Bustamante proposed to do exactly what Curuzaelegui had -done, that is, to act as president himself, appointing the fiscal as -oidor, and designating a duly qualified lawyer and an assistant fiscal -to fill the other vacant places. Bustamante expressed an apparently -sincere desire to do justice to all. He desired, particularly, that the -administration of justice in the courts should be allowed to proceed -without interruption and without that loss to the commonwealth which -would come from the absence of a tribunal. [537] - -The replies given by the orders on this occasion involve important -laws and principles which underlie the nature of the audiencia and its -relation to the governorship. The archbishop, in a subsequent report to -the king on the government of Bustamante, stated that all the religious -authorities in the colony advised the governor against the destruction -of the audiencia, and questioned the authority of the prelate to -constitute another. [538] It seems, however, from an investigation -of the letters, that the Jesuits counseled the governor in favor of -the proposed action. The reasoning of the Jesuit theologians was as -follows: there should be retained in the Philippines, according to -the Recopilación de Indias, [539] four oidores and a fiscal for the -proper administration of justice, and if the fiscal were the only -remaining member of the old audiencia he would become an oidor in -case of a vacancy, by virtue of the recognized law. [540] Owing to -the multitudinous duties of the oidores and to the great importance -of the audiencia, great harm would arise if there were not enough -magistrates. Since the governor's jurisdiction extended to all -departments of government, it was the opinion of the Jesuits that -it was incumbent on him to take such steps as might seem necessary -for the preservation of the government. This was specially imperative -since it was his duty to see that there was no delay or neglect in the -administration of justice. Inasmuch as the audiencia was indispensable -to him as vicepatron in its jurisdiction over ecclesiastical affairs, -and because of its consultative powers in all affairs of government -and finance, the governor should have the right to create an audiencia, -if one did not exist, or if the members who were regularly constituted -by royal appointment were incapacitated from service. [541] - -The opinion of the Dominicans of the University of Santo Tomás differed -widely from that advanced by the Jesuits. Their advice coincided -with that of the archbishop, being to the effect that it would not be -convenient to qualify one of the ministers alone, but that all of them -should be restored to the audiencia. This meant that Bustamante should -recede from his position, remove all the oidores from prison, and -accept them as an audiencia. If the three oidores deserved punishment -it would be unfair to the remaining two magistrates to exempt one, -and such action would lay the governor open to charges of inconsistency -and favoritism. The Dominicans contended that only the king in council -could suspend or remove oidores, and that such power was not given -to any other authority, not even to a viceroy. [542] Though - - - in Sicily and Naples this right is granted, in the Indies the - contrary is true, because only the king that appointed them may - suspend them, and it is commanded that the viceroys must not - interfere with or impede their jurisdiction. [543] - - -The Dominicans were of the opinion that the governor had authority -to discipline the oidores, but in so doing he could not go so far -as to remove them from the tribunal unless commanded to do so by -the Council of the Indies. Whatever disciplinary action the governor -might decide on, it should not be taken on his own authority, but in -the execution of the orders of the Council of the Indies. - -This opinion, the Dominicans alleged, was in accordance with the laws -of the Indies. [544] They cited, in support of their argument, an -instance in which the king reproved Gálvez, the Viceroy of New Spain, -because, without the authority of the Council, Gálvez had suspended a -magistrate of the Audiencia of Mexico, whom he should have honored and -to "whom he should have accorded the treatment of a colleague." [545] -The Dominicans expressed the opinion that the prosperity of the -Islands and the welfare of the government depended on the audiencia, -and though it might be desirable to remove the oidores for personal -guilt, it could not be done in this case without wrecking the entire -government. The king, himself, had shown respect for the inviolability -of the audiencia when, in 1710, he had judged all the ministers to be -equally guilty of not having fulfilled the laws and ordinances on the -occasion of the coming to the Islands of the Patriarch of Antioch, -[546] satisfying himself with the removal of the decano only and -allowing the other magistrates to remain. - -Disregarding the advice of this learned body, turning a deaf ear to -the protestations of the archbishop, and heeding only the counsel -of the Jesuits, which was more favorable to his wishes, Bustamante -proceeded to execute his own will in a manner which proved distasteful -even to the order whose advice he was following. [547] He arrested -and imprisoned the guilty magistrates and created a new tribunal -out of his own clientele, leaving only Villa, a former magistrate, -in office. The latter protested against the action of the governor, -and retired to the convent of Guadalupe, near Pásig. Informed that -there was a conspiracy against his life and needing the counsel of some -person, or persons, on whom he could rely, Bustamante was well-nigh -desperate. His government, as it then stood, lacked the complexity of -legality which the presence of one oidor of royal nomination would -have given it. In order to remedy this defect he released Torralba, -the guiltiest of the former magistrates, and the man under arrest for -the defalcation of 700,000 pesos of the king's revenue. Torralba's -crimes had been notorious, and the act of Bustamante in associating -himself with a person of the unsavory reputation and the unpopularity -of Torralba not only divorced him from whatever popular sympathy he -might have had among the residents of the colony, but it aroused the -hostility and antagonism of the Jesuits who had been heretofore the -governor's friends. Aside from the unfortunate character of the act, -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] - - -In a word, the influence of the archbishop was sufficient to keep -the audiencia from undertaking a formal investigation of the causes -of the governor's death. It was quite generally recognized that the -murder had been committed in the interests of the prelate, probably -by an assassin who had been in his pay, or in that of his friends, -the Jesuits. This is another illustration of the subserviency of -the audiencia to the governing power, on this occasion a churchman, -who had actively participated in the removal of his predecessor. - -An interesting though ineffective protest was made by the audiencia -against the appointment of José Basco y Vargas as Governor of the -Philippines in 1778. A communication was sent to the court describing -the abject state into which the king had degraded the audiencia by -subordinating it to a man whose title and rank as Captain of Frigate -gave him only the right to be addressed as You, while each of the -magistrates enjoyed the title of Lordship. The Council rejected the -complaint as an absurdity, after which certain oidores conspired -to bring charges against Basco y Vargas, to arrest him and to make -Sarrio governor. The latter had been ad interim governor after the -death of Anda, and he was at that time the beneficiary of the title and -position of segundo cabo, or second in command of the king's forces in -the Islands. Sarrio refused to join the magistrates in their revolt -against the governor. Basco y Vargas was informed of their treason, -and it is significant that he complied with the royal laws, not -by attempting to punish the offenders himself, but by sending the -recalcitrant magistrates to Spain where they were dealt with by the -Council of the Indies. [550] - -This was only a prelude to the discord which existed throughout the -administration of this able governor. The king was obliged to issue -special cédulas on various occasions, ordering a cessation of the -perpetual discord. [551] Basco y Vargas formed a society for the -advancement of the economic interests of the Islands, [552] and in -that, as well as in his successful organization of the profitable -tobacco monopoly, he was opposed by the audiencia. The tribunal claimed -that the governor was limiting its sphere of authority in inaugurating -these reforms. [553] Basco y Vargas recommended and brought about the -separation of the superintendency of real hacienda from the rest of -the government. This the audiencia also opposed, but in the contest -over jurisdiction which ensued between the governor and the intendant, -the governor and the audiencia acted in complete harmony, because this -new official threatened their mutual interests and prerogatives. [554] - -Outlawry and highway robbery became so common throughout the Islands -during the term of Basco y Vargas that the governor appointed -prosecutors, sheriffs, and judges-extraordinary to assist in the -preservation of order, which the alcaldes mayores were not able -to accomplish by themselves. The audiencia, feeling that this was -a grave intrusion upon its prerogatives, appealed to the king and -succeeded in bringing the sovereign displeasure upon the head of -the governor. The royal cédula stated that there was no need of -these additional officials. The judicial machinery which had been -provided for the Philippines from the beginning was sufficient. The -governor was warned, furthermore, to abstain from meddling with the -jurisdiction of the audiencia. [555] This case confirms the statement -already made in this treatise that during this period and, in fact, -after the establishment of the regency in 1776, the governor exercised -a diminished authority in judicial affairs. When Basco y Vargas took -his office as governor of the Philippine Islands, he was obliged to -subscribe to two oaths, one as governor, and the other as president -of the audiencia, but he was warned by a special decree of the king -to keep from confusing these two functions as former governors had -done. [556] - -Many disagreements took place between the audiencia and Governor -Marquina, who succeeded Basco y Vargas. Marquina quarreled with the -audiencia over almost every act of government in which he had relations -with the tribunal. Marquina was said to have repeatedly disregarded -the acuerdo and to have done as he pleased in matters wherein the -audiencia had been or should have been consulted. There was a bitter -contest in 1789, shortly after the arrival of this governor, because -he had excused various officials of real hacienda from appearing when -summoned to the audiencia to serve as witnesses. Marquina did this, he -claimed, because they were needed in the provinces as financial agents, -and because their absence from their posts of duty would entail a grave -loss to the government. The audiencia solved the matter by forwarding -all the correspondence relative to these cases to the Council of the -Indies. It may be said that Marquina, in exempting these witnesses, -was acting in his capacity as president of the audiencia, but in -his solicitude that no loss should occur to the royal exchequer he -was acting as superintendent of real hacienda, which was within his -authority. [557] - -In 1790 Marquina recommended the abolition of the audiencia on the -grounds that its continued presence constituted an obstruction to -the harmonious working of the machinery of government. He said that -the tribunal was a powerful weapon in the hands of men who used it -for their own personal advancement. In the place of an audiencia -he suggested the substitution of three asesores, one for civil and -criminal cases, one for real hacienda, and another for commerce and the -consulado. These asesores would have jurisdiction over the cases which -corresponded to these three departments. This scheme, he believed, -would effectively provide for all the judicial cases arising in the -Islands. [558] To this scheme, however, the Council paid no heed. - -Considerable attention has been given in another chapter to -the charges made by the audiencia against Marquina at the -time of his residencia. These complaints show that a state of -continual disagreement had existed between these two authorities -throughout the entire term of the governor, and the bringing of -these charges was instrumental in making Marquina undergo a very -strict investigation. Personal jealousy was no small factor in these -continual recriminations. At no subsequent date, however, were the -large issues at stake which were characteristic of the struggle between -the audiencia and the governor at the time of Fajardo, Curuzaelegui, -and Bustamante. Those were death-struggles on the issue of whether -the audiencia should be an independent tribunal or whether it should -be subservient and subject to the governor. During those struggles the -tribunal was momentarily suppressed, or converted into an instrument, -in the hands of the governor. But these were exceptional cases, and -during the greater part of the long period of three hundred years -the relations between the audiencia and the executive were not so -discordant as they would seem to have been, judging by the instances -cited in this chapter. The audiencia, on all occasions of dispute -with the governor, was able to offer a formidable resistance to his -so-called encroachments on the prerogatives of the tribunal. Although -the governor, on most of the occasions noted above, occupied the -stronger position, owing to his more recent instructions, the support -given to him by the church, and his control of the residencias of the -magistrates, nevertheless it may be said that either authority was -sufficiently powerful and independent to be respected as an antagonist -by the other, and each was indispensable to the other. - -These disagreements have been discussed in the foregoing pages largely -from the view-point of the audiencia. Practically all the charges and -complaints which have been cited were made in behalf of the audiencia, -and these show the magistrates in almost all cases to have been acting -in defense of their rights against usurpation and tyranny. Fairness -demands, however, that the other side should be presented in the -same manner. [559] Reference will now be made to a few of the many -memorials heretofore unquoted, which were sent by various governors -in protest against the alleged excesses of the audiencia. - -As a first instance we may note the criticisms which Governor Gómez -Pérez Dasmariñas made of the first audiencia which served from 1584 -to 1589. We shall also consider the complaints which Dasmariñas made -against Pedro de Rojas, former oidor and later teniente and asesor of -that governor (1589-1593). Dasmariñas came to the colony shortly after -the first audiencia had been suppressed and from his correspondence -one may estimate the prevailing opinion of the tribunal which had -been recently removed. The governor wrote as follows: - - - As the royal Audiencia was here so haughty and domineering, he - (Pedro de Rojas) retains that authority and harshness, with which - he tries to reduce all others as his vassals. In the matters of - justice that he discusses, he is unable to be impartial, but is - in many matters very biased. This is because of his trading and - trafficking, which the president and all the auditors (oidores) - carried on from the time of their arrival--and with so great - avidity, trying to secure it all to themselves, that I find no - rich men here beside them. This is the reason why Rojas ... and - the auditors opposed the pancada in order that the consignments - of money sent by them to China might not be known--which, at last, - have come to light. [560] - - -The governor charged the audiencia, moreover, with having opposed -the three per cent tax levied for the construction of the city -wall. Indeed, he accused the magistrates of having influenced -the friars to oppose all his acts as governor. He referred to -the commercial excesses of the oidores, saying: "If the matter of -inspection and the residencia held here had fallen to my order and -commission, as it fell to that of the Viceroy of Nueva España, I -would have proved to your Majesty the investments of past years." He -concluded with the statement that Rojas had been so busy with gain that -he had been unable to attend to his other duties; he was "puffed up -with the authority and name of auditor" (i. e., oidor). He protested -against the transfer of Rojas to an office in Mexico, "for," he wrote, -"such men go delighted with their interests and gains from trade here, -they are fettered and biased by their relations with the trade of -this country." - -Thus we see that even this early in the history of the Islands, -the oidores as well as the governors were accused of a predominating -interest in commercial affairs. - -Governor Pedro de Acuña recommended the suppression of the audiencia -in 1604, although he said that he had had no serious trouble with -that tribunal. His chief reason in favoring its removal was that -an appreciable saving would be realized thereby. The audiencia was, -moreover, very unpopular in Manila. He alleged that the name of oidor -was so odious that it was in itself an offense. He stated that affairs -had come to such a pass that - - - because I, in conformity to what your Majesty has ordered, have - attempted to maintain and have maintained amicable relations - with the auditors; and have shown, on various occasions, more - patience and endurance than the people considered right; and more - than seemed fitting to my situation, in order not to give rise to - scandal; some have conceived hatred for me, publicly saying that - ... I was neglecting to look after them, and that I could correct - the evil which the Audiencia was doing. But as I cannot do that, - it has seemed to me the best means to let the public see that - there was good feeling between me and the Audiencia. [561] - - -Here we have the case of a governor, who, in order to get along in -harmony with a quarrelsome and unpopular audiencia, gave way to it -on many occasions, and even incurred the displeasure of the residents -of the colony on account of what seemed to them to be the governor's -easy-going attitude. His zeal for the king's service, as he expressed -it, moved him to recommend the abolition of the tribunal. He said that -the audiencia would not be missed if it were removed, since there -were only twelve hundred residents in the colony and there were few -cases to be tried. Most of the suits arising in the Islands could -be adjudicated by the alcaldes ordinarios and appeals could be sent -to Mexico. The acuerdo, or administrative session, Acuña alleged, -existed in name only. - -Acuña made practically the same charges that have been so often -repeated already in this chapter. The magistrates had interfered -in the appointment of officials, which the governor claimed as his -sole prerogative. Each magistrate was accompanied on his journey -to the Islands by a vast company of relatives and dependents, -who came to get rich. These persons ultimately monopolized all the -offices. Notwithstanding the king's orders which forbade that offices -should be held by relatives of oidores, the governor was placed in -such a position that if he did not allow these persons to hold office, -the magistrates would take revenge by opposing him at every turn, thus -ruining the success of his administration. [562] The same was true of -trade, for these relatives had to live, and if the government could -not support them, they had to be assigned privileges and advantages -in trade, which the oidores by virtue of their official positions -could guarantee. [563] - -In view of all these abuses and evils which, directly or indirectly, -proceeded from the audiencia, Acuña maintained that all the powers of -government, war and justice, should be concentrated in the office of -governor and captain-general. The country, he said, was more at war -than at peace. It was essentially military, by virtue of its location -and isolation. Acuña contended that all authorities and departments -of the government should therefore be dependent on a military chief -rather than on a high court of justice which was out of sympathy -with the spirit and needs of the colony. In a government so new as -that of the Philippines, the same laws and punishments should not -be enforced so rigidly as in more settled parts, yet the magistrates -of the audiencia had failed to understand that their functions in a -colony of this character should be in any way different than those of -a similar tribunal in Spain. Acuña stated that there had been occasions -in which the audiencia, in possession of partial evidence in regard to -a military matter, had interfered with an action which the governor -had wished to take. He had thus been rendered powerless to exercise -sovereignty which rightfully belonged to him, and which, if put into -effect, would no doubt have been for the best interests of the colony. - -In addition to the above representations, the governor laid great -stress on the financial advantages which would be derived from a -suppression of the tribunal. He stated that the colony was short -of money, a condition of which the magistrates were well aware, -yet they always insisted on being the first to collect their own -salaries, to the exclusion, if necessary, of all other officials in the -colony. [564] With the money saved from the abolition of the audiencia, -an armed fleet could be provided for the defense of the Islands. This -was badly needed, and there was no other way of obtaining the necessary -ships. The Chinese rebellion of the year before [565] had caused -a diminution of 46,000 pesos in the commercial duties collected, -[566] and the consequent shortage of money in the treasury of the -colony furnished further reasons for the dismissal of this useless -and burdensome tribunal. Acuña admitted that the institution of -the audiencia might be successful in larger dependencies of Spain, -where the people were prosperous and where the government had an -assured income, but in the Philippines, where the citizens were poor, -with scarcely any means of support, and harassed by many magistrates -and their dependents, the audiencia had been a failure and a serious -burden. - -Acuña's concluding statement very aptly sizes up the situation and -voices his demand for the abolition of the tribunal. He wrote: - - - The difficulty which presents itself to me in this matter is - that, if the Audiencia is abolished and everything left in charge - of the governor, there will be but slow and poor remedy for the - grievances and disorders which may occur. For they must be taken to - the Audiencia of Mexico, which is so far away that the aggrieved - ones would consume both life and property before the business was - settled ... all say that they consider government by one person the - best, when he governs justly. These men (who believe in the above) - know what the governor can do without the Audiencia, and with it; - and they believe that it is better when there are not so many - to command them, for they have never seen the audiencias redress - illegal acts by the governors.... Although there is no doubt that - much of what this paper recounts occurs in other regions where - there are audiencias, it must be remembered that in this country, - which is the newest of all and more engaged in war than any of the - others; and where the hardships of conquest and maintenance are - so omnipresent; and your Majesty has little profit or advantage, - except the cargo of cloth which goes to Nueva Hespaña (sic), and - which is divided among all; and as the resources of the country are - so scant that there is no place to go in order to seek a livelihood - outside of Manila: there is much criticism in this matter, and the - people are much aggrieved at seeing themselves in the utmost part - of the world, harassed and troubled by so many magistrates and - officers and their dependents, and at having so many to satisfy; - and that matters are in such a state that he who has an auditor - for a protector may, it appears, go wherever he wishes and with - as much as he wishes, and he who has not must be ruined. [567] - - -This brings us to the administration of Governor Alonso Fajardo -(1618-1624), whose relations with the audiencia we have already -shown to have been very unpleasant. Fully as many charges were -brought against the oidores by that governor as were put forward -by the magistrates against him. According to Fajardo, the oidores -had so used their power of appointment that it amounted to virtual -dictation. Fajardo, like Acuña, found his control over the filling -of offices greatly diminished. He energetically protested against the -proposition which had been made to increase the size of the court from -four to five magistrates. He stated that the amount of legal business -which came before the tribunal did not justify an augmentation of -the number of oidores; he recommended that the magistrates should -spend their time more advantageously, and waste less in quarreling -among themselves and in wreaking their passions on their rivals. Like -Acuña, Fajardo complained against the presence of so large a number -of relatives and personal followers of the oidores, whose lust for -office had to be satisfied. [568] The magistrates had engaged in trade -through intermediaries, and had spent the time which should have -been devoted to the administration of justice in devising schemes -whereby they and their agents could get the most out of forbidden -commercial transactions, and at the same time be protected in their -illicit activities. Fajardo claimed that the magistrates had abused -their positions to such an extent that they had become an intolerable -incumbrance to the colony. - -Strife and discord between the audiencia and the governor were perhaps -more bitter during the administration of Fajardo than at any other time -in the history of the Islands. This governor accused the magistrates -of deliberately attempting in all petty and inconsequential ways to -harass him into compliance with its desires. He wrote that he had -done everything possible to keep peace with the oidores, even at a -sacrifice of the respect of the other elements of the colony. [569] -This testimony is practically identical with that submitted by -Governor Acuña in 1604. The influence of the tribunal in the matter of -appointments, judging by this and by other statements and allegations -already quoted, and by the laws themselves, must have been great. - -The tendency to fill offices with friends and relatives was -characteristic not only of the magistrates, but of the viceroys and -governors as well. More laws are to be found in the Recopilación -which guard against such abuses by governors and viceroys than by -the magistrates of the audiencia. [570] Bearing in mind, of course, -that there are two sides to the question, it is at least clear that -the audiencia was successful in one of the purposes for which it was -created--namely, that of preventing the governor from exercising entire -control over appointments. We have the confession of Governor Fajardo -here and of Governor Acuña in the preceding paragraphs that those -governors were unable to prevent the oidores from filling offices with -their own friends. Although we have been following the governor's side -of the question in these last few pages, we have noted in the preceding -chapter that the laws of the Indies gave to the audiencia the right of -participating in acuerdo with the governor in matters of appointment. - -Governor Fajardo's method of referring matters to the audiencia -for advice is interesting. Instead of submitting questions to the -acuerdo for the general advice and opinion of all the oidores, he was -said to have sought to escape the obligation of acting in accordance -with the advice given him, by asking the oidores for their individual -opinions concerning matters on which he desired advice. The audiencia -took exception to this method of procedure, alleging that he was -thus escaping the responsibilities of the acuerdo. Fajardo defended -himself against the accusation by the statement that the oidores met -together so seldom that he had been unable to submit questions to -the magistrates collectively in accordance with the law. - -Fajardo also complained against the failure of the oidores to comply -with his instructions in regard to the inspection of the provinces. He -stated that the magistrates disliked to bestir themselves from their -inactive and indolent lives amid the comforts of Manila, and no -inspections had been made during the three years prior to the date -of this letter. Philip III, without raising his voice in indignation -or decreeing any punishment upon those officials who had refused to -execute his decrees, mildly solicited that they should devote their -care and attention to the matter in the future. He remonstrated that -this was the only way in which the facts relating to the country and -to the interests and needs of its people could be ascertained. - - - These inspections are very essential, since they are based on the - relief of miserable persons, and in no way can the condition of - affairs be fully ascertained unless by means of these inspections; - and the most advisable measures can hardly be well understood, - if the condition and facts of what ought to be remedied and - can be bettered are not known. Hence I again charge you to - pay especial attention to these inspections. The Audiencia - is commanded to observe the orders that you shall give in your - capacity as president so that each auditor, when it concerns him, - may observe his obligations and go out on the inspections. [571] - - -In reply to these observations, the Council ordered Fajardo to -make recommendations for the reform of the government, stating -that such suggestions as he would make would be duly considered and -observed. [572] - -On his arrival in the Islands, Fajardo, as yet unfamiliar with the -duties and conditions of his office, expressed his unwillingness to -recommend the entire abolition of the audiencia, preferring to have -present a council which he could consult regarding the problems of -his new office. The tribunal in the Philippines was probably not so -important as were those in Spain, under the immediate supervision of -the king, "where," as he expressed it, - - - one obtains strict justice, administered by upright and holy - men--the people here considering that those who are farthest from - meriting that name are those who are farthest from the presence - of your Majesty and your royal counselors.... In what pertains - to me, I do not petition you for anything in this matter, since - in no respect can it be ill for me to have someone to consult, - and who will relieve me in matters of justice. [573] - - -Fajardo's act in forming a new audiencia after he had suppressed the -real one shows that the audiencia was essential to him in the two -particulars mentioned by him in the above letter. - -That his attitude towards this question was somewhat altered by three -years' experience as governor of the Philippines is shown in his -memorial of July 21, 1621. On this occasion Fajardo argued against -the continuation of the tribunal, showing himself to be of the same -opinion as Acuña, who, it will be remembered, contended that because -the colony was military in character, there should be one person to -control affairs, without any interference whatsoever. He wrote: - - - I beg your Majesty that while it shall last (the war) you may - be pleased to discontinue the Audiencia here, as it is this that - most hinders and opposes the administration and the government, - ... This is the enemy which most afflicts this commonwealth, and - most causes dissensions, parties, factions, and hatred between - the citizens--each auditor persecuting those citizens who are not - wholly of his own faction, especially those who extend aid and - good-will toward the governor, against whom, as it seems, they - show themselves always in league. They always make declarations - of grievances [against him] because they are not each one given, - as used to be and is the custom here, whatever they may ask - for their sons, relatives and servants; and they habitually - discredit the governor by launching through secret channels false - and malicious reports, and afterward securing witnesses of their - publicity. They even, as I have written to your Majesty, manage to - have religious and preachers publish these reports to which end, - and for his own security, each one of the auditors has formed an - alliance with the religious order which receives him best. [574] - - -He summarized as follows: - - - I consider this government much more difficult, with the auditors - of this Audiencia, than it is or would be even if there were more - war, for that war which they cause within its boundaries appears - beyond remedy, on account of their abilities and rank. [575] - - -An abundance of evidence exists on both sides of this controversy; -letters of complaint against the governor and charges against the -oidores by the governor. The vividness and apparent directness of -the charges and the apparent sincerity of both the governor and the -oidores make it extremely difficult, and, in fact, quite impossible -to decide on the basis of the evidence presented, who was right or -wrong, which charges, true or untrue, and who was really responsible -for the difficulties. It would appear that the king was prone to -sympathize with the governor rather than with the audiencia, for in -practically all cases the decision of the sovereign was adverse to -the tribunal. The fact that the governor was the royal representative -was probably a large factor in securing him the support of the home -government. Yet, on the other hand, the audiencia was in the same -sense the royal tribunal. - -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. - -Before Governor Salcedo was arrested, imprisoned and sent to Mexico -in 1668 by the commissary of the Inquisition on charges of a purely -ecclesiastical character, the two oidores, Bónifaz and Montemayor, -were consulted by the enemies of the governor as to the legality -of the proposed action. There is every reason to believe that the -entire plot was worked out beforehand with the fore-knowledge and -consent of the oidores. Inharmonious relations had existed before the -arrest of the governor between Salcedo and his associates, because -of his independence and his unwillingness to provide offices and -opportunities for commercial profit for their relatives. The exact -part which the audiencia played in the arrest of Salcedo is not known, -since the entire plot was schemed and executed under the cloak of the -Inquisition; but the fact remains that Oidores Montemayor and Bónifaz -each hoped to assume the management of governmental affairs upon the -exile of Salcedo. Indeed, the ambitions of Bónifaz were realized. The -removal of Salcedo culminated in the usurpation of the government by -Bónifaz, in the exile of Montemayor, his rival, to the provinces, and -in the complete suppression of the audiencia for a year. It is said -that Bónifaz, through a usurper, ruled beneficently and well, and that -he little deserved the sentence of death which was pronounced on him -by the Council of the Indies. The authority for the assertion that -his rule was meritorious was ecclesiastical and hence, in this case, -possibly questionable. [576] It is certain, at least, that Bónifaz and -his government were under the complete domination of the church. [577] - -It has been frequently stated in this chapter, that jealousy and -rivalry were always determining factors in the relationship of -the audiencia and the governor. A new executive, until familiar -with the duties of his station, was always glad to seek the advice -and assistance of the oidores, meanwhile permitting the audiencia -to assume many functions which belonged to him as governor. A new -governor was gracious, and agreeable to all, and we find that most -of the favorable comments made concerning governors by magistrates, -prelates, and officials were pronounced when the environment was new -to them or to the governor. When the routine of official duties became -irksome and opportunities for private profit presented themselves, -as always happened in the course of time, friction arose, and jealousy -and discord took the place of the goodwill and harmony which at first -seemed so promising. - -The most contaminating influence in the colony was the commercial -spirit. Governors and magistrates engaged in trade on a large scale, -and the churchmen also yielded to the commercial instinct. The latter -assertion will be enlarged upon in its proper place; proof of the -commercial activities of governors and magistrates has already been -given. The resentment of the oidores always led them to place every -conceivable opposition in the way of the governor when it was seen -that he was obtaining more than his fair share of profit from trade, -appointments, or indulgences to the Chinese. This led to a refusal -to ratify his appointments in many cases, to oppose him in the -acuerdo, to incite the residents of the colony against him, and to do -everything possible to make a failure of his administration. Governors -on the other hand might employ one of two methods in dealing with the -magistrates. That most commonly pursued was to allow them a liberal -share of the booty, commercial or political, the latter obtained -by permitting them to disregard the law by giving offices to their -relatives and followers, thereby purchasing their favor. The other -method was to meet their charges with counter-charges, which were -probably as truthful, though usually not so serious as those which the -magistrates made against them. The administrations of those governors -who openly opposed the audiencia and sought to keep it within the -limits of its jurisdiction as a judicial tribunal, were most notable -for their conflicts. - -The Court of Madrid was unable to remedy these defects in colonial -administration. It could and did discipline the officials by sending -an occasional visitor, or by forcing them to give vigorous residencias, -but these punishments only led to greater abuses in order to reimburse -themselves for the fines which they had to pay. Officials were able -to send away large sums of money and consignments of merchandise, -and then, after having paid liberal penalties, they returned -to Spain and lived in comfortable retirement. Acceptance of the -office of governor, oidor, corregidor, or alcalde mayor was made -with a foreknowledge that disputes would arise, enemies would bring -accusations, and punishments would be meted out, whether deserved or -not. This condition led to the abuses which have been noted, and the -recriminations and struggles between authorities. From the view-point -of these officials the Philippines were neither governed for the good -of the natives nor for the residents, nor for the honor of Spain, nor -for the propagation of the Catholic religion, but merely for the profit -and advancement of those who were on the ground to take advantage -of their opportunities. They were struggles for profit; pure and -simple contests between the officials either to get all the proceeds -possible from their offices or to keep other officials from getting -all, and thus to get a share for themselves. There were exceptions, -of course, to the conditions and circumstances just noted. Some -able and well-intentioned men came to the Islands, as came to all of -Spain's colonies, among whom may be mentioned Oidor Antonio de Morga, -the fiscal, Francisco Leandro de Viana, and Governors Anda y Salazar, -Basco y Vargas, Aguilar, Enrile, and others of the nineteenth century -when opportunities for gain were somewhat diminished. Some of these -officials erred on the side of over-strictness, and their efforts to -restrain the avarice of their colleagues and to infuse the spirit of -honesty into their administrations united the opposition and led to -battles as violent and unrelenting as those which were fought when -all parties were dishonest. - -In a chapter which deals alone with the conflicts of jurisdiction -which occurred between the governor and the audiencia, it would be -possible to arrive at an entirely mistaken conclusion. Disagreements -and differences were frequent as well as pronounced, yet the history -of the Philippines throughout the three hundred years of Spanish rule -is not a record of perpetual strife. It is, of course, understood -that no effort has been made in this chapter to describe all the -struggles which occurred in the Islands between the audiencia and -the governor. Those which have been reviewed were selected for the -purpose because they illustrate, in a general way, the subjects over -which disagreements arose, and the principles underlying them. - -We have noted, in general, that the audiencia exercised functions -and prerogatives which were not conferred upon it by the laws of the -Indies. The type of men who were appointed to the office of governor -and captain-general made inevitable the accretion of power in the -hands of the magistrates. The audiencia gradually came to assume -more attributes than the solely judicial ones. Necessity compelled -the governor in many instances to entrust the tribunal with many of -his own functions because of his lack of skill and experience as an -administrator or on account of his devotion to military affairs. In -these ways the acuerdo came to be legislative as well as advisory; the -frequent absence of the governor, or his death, led to the audiencia's -assumption of the governorship and the tribunal was always reluctant -to surrender the administrative powers once gained. - -Jealousy between officials and the resultant conflicts of authority -may be classified together as a cause of strife. These difficulties -resulted in part from the fact that the sphere of authority of each -official was not defined with exactness in the laws of the Indies, -and also because those laws were often countermanded by later -cédulas of whose existence the colonial officials were not always -aware. Spanish laws were frequently repealed and subsequently put -in force without notice; this was always a source of confusion. Then -again the exceptional opportunities for trade offered by the transfer -of the rich oriental cargoes at Manila tempted oidores and governors -alike. The trading privileges conceded by the government did not -always end when the limit of permission was reached. Some officials, -and particularly governors, could command more than their rightful -share of galleon space; this led to disputes and recriminations which -often interfered seriously with the government. We have noted that the -appointing power which belonged nominally to the governor and which was -shared by the oidores was also a source of much trouble. The knowledge -that the residencia would ultimately bring about the punishment of -guilty officials and enemies, the distance and isolation of the colony, -and the length of time necessary for communication--all these factors -made it possible for officials to commit excesses. Another cause of -discord was what might be termed the reaction of the executive against -the increased power and authority of the audiencia. This accretion -of power was due to the complete dependence of the governor on the -tribunal in administrative matters, especially at the beginning of -his term, the increasing power of the acuerdo, the superiority of the -audiencia as a court of appeals from the decisions of the governor, -and the fact that the latter always needed the presence of the -audiencia to lend legality to his government. - -It may be stated, nevertheless, that the governor actually held the -more powerful position in the colony, and that he most frequently -emerged victor in the various struggles with the audiencia. Various -reasons may be assigned for this. The governor was the personal -representative of the king, and in this capacity he had the backing -of the home government. He commanded the military forces in the -colony. The authority of the royal patronage was vested in the -governor; he was thus often able to command the support of the church -and clergy in his struggles with the audiencia. The authority over the -disposal of offices, either by sale or appointment belonged legally to -the governor, although this power was effectively disputed and often -shared by the audiencia. The governor employed the last-mentioned power -on some occasions to the extent of reforming and reconstituting the -audiencia, thus making the government entirely dependent on him. A -new governor always carried with him a more recent appointment than -those of the oidores whom he found in the colony, and aside from this -he usually possessed definite instructions embodying the royal will -on all current issues. The control of the residencias of the oidores -was usually in the hands of the governor, and lastly, the laissez -faire attitude of the Spanish government, its extreme conservatism, -and its apparent reluctance to correct the evils and abuses which -were reported to it--all these were potent factors in leaving the -balance of power as it had been, in the hands of the governor, -notwithstanding the presence of the audiencia. - -A previously quoted statement made by a famous British historian in -his description of the relative powers of the viceroys of New Spain, -and Perú, and their respective audiencias, may be used here, with -equal effect, to characterize the situation in the Philippines, and -to summarize this part of our discussion: "They (the magistrates of -the audiencia) may advise, they may remonstrate; but in the event of -a direct collision between their opinion and the will of the viceroy -(governor), what he determines must be brought into execution, and -nothing remains for them but to lay the matter before the king and -the Council of the Indies." [578] - - - - - - - -CHAPTER IX - -THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE - - -The most extensive non-judicial activity in which the audiencia -participated at any time was its assumption of the provisional -government of the colony during vacancies in the governorship. Aside -from the ten different occasions on which this was done, the audiencia -very frequently assumed control of the government when the exigencies -of defense and foreign conquest rendered necessary the temporary -absence of the governor. This was true at irregular intervals during -the administrations of Governors Pedro Bravo de Acuña (1602-1606), -Juan de Silva (1609-1616), Juan Niño de Tavora (1626-1632), Sebastián -Hurtado de Corcuera (1635-1644) and Diego Fajardo (1644-1653). The -administrations of these several governors were characterized by -extensive military operations, largely in a foreign field, and the -audiencia not only took over governmental affairs but it assumed -the obligations of defense during their absence. On such occasions, -of course, the tribunal retained its exercise of judicial functions. - -Since the audiencias in Perú and New Spain assumed the government -much earlier than did the audiencia in the Philippines, and as the -laws authorizing the rule of the audiencia were promulgated first to -meet conditions in those viceroyalties, it seems advisable to inquire -into the circumstances surrounding the establishment and development -of this practice there. Having done this, we shall proceed to a study -of the ad interim rule of the Audiencia of Manila, noting particularly -the causes of the success or failure of its administration and the -effect of this practice upon the subsequent relations of the audiencia -and the governor. - -The first law in the Recopilación authorizing the assumption of the -government by an audiencia was promulgated as early as March 19, -1550. This law provided that in case of a vacancy in the office of -Viceroy of Perú, the audiencia there should succeed to the governments -of Perú, Charcas, Quito and Tierra Firme, and that the three last-named -subordinate audiencias should obey the mandates of the Audiencia -of Lima until a permanent successor to the viceroy was named. [579] -This law was proclaimed again on November 20, 1606. - -Even before the promulgation of the above law the audiencias of Lima -and Mexico had assumed control of the government in their respective -viceroyalties. Shortly after the death of Francisco Pizarro, the -conqueror, an audiencia was sent to Perú, arriving at Lima in January, -1544, in company with Blasco Núñez Vela, the first viceroy. The -rigidity and thoroughness with which this new executive enforced the -New Laws which were entrusted to him met with the opposition of the -residents of the colony, and the audiencia accordingly removed him -from his position as viceroy and suspended the operation of the code -referred to, assuming charge of affairs itself. [580] Its rule was -brief, however, for on October 28, 1544, it invited Gonzalo Pizarro, -the brother of the conqueror, into the city and turned the government -over to him, proclaiming him Governor and Captain-General of Perú. - -During the period from 1544 to 1551, until the arrival in Perú of -Viceroy Mendoza, the audiencia exercised control of governmental -affairs. It made and unmade captains-general and viceroys, irrespective -of royal appointments. It suspended the New Laws of 1542 and its -commands were obeyed. From 1550 to 1551 it governed alone. In these -incidents we note that the audiencia actually assumed the government -ad interim prior to the time of the promulgation of the law of March -19, 1550, exercising administrative as well as judicial powers, -thirty-five years before the Audiencia of Manila was created. "To -it (the audiencia) were confided in the beginning and later in -the absence of the viceroy," writes Moses, "all matters with which -governmental authority might properly deal." [581] He further states -that "the audiencia in its executive capacity, failed to justify the -expectations of the king, and a new order of things was introduced -by the appointment of a viceroy" (Mendoza, April 17, 1535) for New -Spain. [582] - -These powers were not only exercised by the Audiencia of Lima, but -also by a second tribunal which was created in 1549 at Santa Fé de -Bogotá. The latter body was endowed permanently with both judicial -and administrative powers, appealing important cases to the superior -government at Lima. This audiencia had the status of a presidency. Its -president was often captain-general, visitador, and senior magistrate, -and in exercising the functions of these various offices he was in -all respects the most powerful official in New Granada, always being -able to enforce his will over the other magistrates. At times this -official acted with entire independence of the Viceroy of Perú. [583] -The exercise of military functions by this president and audiencia -is especially to be noticed in the part they played in putting down -the Pijáo Indian revolt in 1565. [584] On the whole, however, judging -by the strife prevailing in the colony, the various struggles between -the oidores and the president, and between the audiencia or president -and the archbishop, the government could never have been considered -successful. The official corruption which became apparent as a result -of the pesquisas and residencias held during the rule of the Audiencia -of Santa Fé could scarcely have encouraged the home government to -entrust that tribunal with the administration of affairs in the future. - -The defects referred to above in connection with the government -of the Audiencia of Santa Fé did not deter the Spanish crown from -founding the Audiencia of Charcas in 1559. This tribunal, "like -the audiencias established elsewhere, exercised not only judicial, -but also administrative powers." [585] It had jurisdiction over -the neighboring city of Potosí. Again we may note the case of the -Audiencia of Santiago de Chile, which was established on August 27, -1565. Its members arrived in 1567 and the audiencia was installed at -Concepción "as the supreme court of the colony, and, at the same time, -in accordance with the royal decree, it became the administrative -head of the government. In this latter capacity it undertook to -reorganize the military forces." Later, in 1568, Melchoir Bravo de -Saravia assumed the office and functions of the governorship of Chile -(1568-1575) and the audiencia became a judicial tribunal, without -other attributes. [586] - -We may gather from these various citations taken from the early -history of the audiencias of South America that these tribunals not -only exercised the authority of governing ad interim, but that they -had permanent governmental and administrative powers as well. It -would seem, as Professor Moses has suggested, that the original -purpose of the Spanish government had been to entrust the executive -and administrative functions in the dependencies to the audiencia, and -that the endowment of the viceroys and captains-general with extensive -executive powers was an expedient to which Spain was obliged to turn -after the breakdown of the audiencia as an administrative agency. The -main fact to be emphasized in this connection is that during the -period of the promulgation of the laws which we are now studying, -the minor audiencias were exercising regular governmental powers. - -The Audiencia of Mexico, which was created in 1527 to check the -excesses of Hernán Cortés, had participated in governmental affairs -even before the events described above. This tribunal, which was -composed of four magistrates, with the notorious Guzmán as president, -conducted the residencias of Cortés and his followers, and after -obtaining control of the government, administered affairs to suit -its own convenience. [587] It was at this time, and as a result of -these abuses, Bancroft tells us, that the Spanish government decided -to establish a viceroyalty in New Spain, with a semiregal court and -regal pretensions. A new tribunal was left in charge of governmental -affairs while this reform was being inaugurated. This second audiencia -governed with great satisfaction, correcting the abuses of its -predecessor and devoting itself to various improvements. [588] - -Although the audiencia of 1528-1535 exercised the administrative -functions above mentioned, Bancroft brings forth no evidence in -support of the theory that it was ever the royal intention to entrust -the institution of the audiencia permanently with administrative -authority. He states that as early as 1530, three years after the -establishment of the first tribunal in Mexico, the sovereigns had -already decided to establish a viceroyalty. Although the audiencia -was entrusted with the government for a few years, the above facts -would seem to indicate that this was only a temporary arrangement. The -audiencia's chief attributes were judicial, and we have repeatedly -noted that the principal object of its establishment, aside from -the administration of justice, was to check the abuses of the -captain-general. - -Cortés retained his rank as captain-general after the audiencia -was established. The conqueror was in reality reduced to a secondary -position, and he was compelled repeatedly to acknowledge the supremacy -of the audiencia. His commission was recognized by the tribunal on its -arrival, but soon after its establishment the oidores exhibited a royal -order requiring that "Cortés, in all his operations, should consult -the president and oidores and act only on their approval." [589] -Even in his field, as commander of the military forces, Cortés was -subordinated to the tribunal, and the audiencia and the conqueror -quarrelled bitterly over practically all matters which presented -themselves for solution. The audiencia had been created to meet -extraordinary and unusual conditions. It was the business of the -tribunal to correct the abuses which had previously been inflicted -on the colony by Cortés, and it did so. On the arrival of Mendoza in -1535, however, the audiencia surrendered the control of administrative -affairs, and it did not assume them again, except in the regular way -in conjunction with the viceroy, until it next served to administer -the ad interim government. [590] - -The first legal provision for the succession of the audiencia -in Mexico, according to Bancroft, was contained in the royal -instructions to Visitor Valderrama, who arrived in Mexico in -1563. These instructions, says Bancroft, provided that in the event -of the death or inability of the viceroy to discharge his duties, the -audiencia should rule temporarily. [591] This was indeed timely, in -view of the death of Viceroy Velasco on July 31, 1564. The audiencia, -which was legally authorized to take charge of the government, -was under investigation when the death of the viceroy occurred, -and the tribunal was dominated during the first half of its rule by -the visitor, who, Bancroft tells us, was virtually viceroy. [592] -Valderrama dismissed two of the oidores, and sent them to Spain. The -audiencia was even less able to administer justice during the early -part of its ad interim government than it had been when the viceroy -was alive. After the departure of the visitor, however, the audiencia -inaugurated a season of proscription and reprisal which bade fair -to include every opponent of the oidores in the colony. Matters had -reached a very unsatisfactory state, indeed, when the new viceroy, -the Marqués de Falcés, arrived at Mexico on October 14, 1566. [593] - -In view of the fact that the next important law dealing with -the question of the succession was not promulgated until 1600, -a continuance of this survey of affairs in New Spain will not be -necessary. The audiencia there did not again assume the government -until 1612, and then only for a very short period. We have already -noticed the conditions under which the Audiencia of Mexico was -created, and the various occasions on which it assumed charge -of the government. Though entrusted with the government upon its -establishment, the example set by three years of its unsatisfactory -rule convinced the Spanish monarch of the unwisdom of entrusting such -governmental authority to the audiencia permanently. Therefore, a -viceroy was sent out in 1535, and it was not until 1563 that the first -law was promulgated which provided for the temporary government by -the audiencia when there was a vacancy in the office of viceroy. This -was thirteen years after such a law had been promulgated for Perú, -and fourteen years after an audiencia had been created, with all the -functions of government, at Santa Fé de Bogotá. - -The cédula of February 12, 1569, following in sequence that of March -5, 1550, provided that the faculty of filling vacancies among the -oficiales reales, in case of death or removal from office, should -rest with the viceroy, president, or the audiencia, if the latter -body were governing. [594] This, of course, was a recognition of the -principle of the assumption of the government by the audiencia. This -law was not confined in its application to any particular territory, -but was general in its scope and applicable wherever an audiencia -existed. It was later confirmed by the cédula of August 24, 1619. [595] - -The next law dealing with the subject of succession was promulgated on -January 3, 1600. It applied especially to New Spain, and it provided -that in case of a vacancy in the office of viceroy, either by death or -by promotion, the audiencia should assume charge of the government of -the provinces there, and it should execute the duties which ordinarily -devolved upon the viceroy, performing them "as he could, would and -ought to do." It furthermore ordered the subordinate Audiencia of -Guadalajara, under such circumstances, to obey and fulfill the orders -which the Audiencia of Mexico might give or send, in the same manner -as it would do, were those orders issued by the viceroy. [596] Under -a separate title on this same date the assumption of the government -of the minor dependencies of Perú and New Spain by the respective -audiencias was authorized in case of the illness or absence of the -viceroy. In other words, this law authorized in New Spain the same -procedure in case of the death or absence of the viceroy as had -already prevailed in South America for half a century. - -The above laws form a precedent for the subsequent authorization of -the Audiencia of Manila to assume charge of the government on the -death of the governor. This authorization was given on April 12, -1664, but the Audiencia of Manila, like those of Mexico and Lima, -had already assumed the functions of the executive on four earlier -occasions, and the king, in the cédula of 1664, merely recognized, -with some qualifications, a practice which had been followed in the -Philippines for half a century. A cédula dated as early as September -13, 1608, had authorized the nomination in advance by the Viceroy of -New Spain of a resident of the Islands to assume the governorship on -the death of the regular governor. [597] The intention of this law -seems to have been to guard against the ills incident to a vacancy -in the governorship by an arrangement whereby some person should be -appointed in advance and thus be ready to assume the command without -delay. Whatever the royal intentions may have been, this law was never -effective in bringing about the benefits for which it was designed. In -fact, this particular provision met with general dissatisfaction -in the Philippines, and the audiencia, acting in accordance with -the custom observed in other parts of Spain's dominions, continued -to govern on the demise of the governor, ruling two or three years -on some occasions, until the arrival of a temporary governor, sent -from New Spain. So flagrantly was the prescribed method of procedure -violated in the Philippines that in 1630, Visitor Francisco de Rojas -y Ornate reminded the Council of the Indies of the existing law (that -of 1608) and recommended that henceforth on the death of a governor -the audiencia should have nothing to do with administration, but that -one of three persons secretly designated by the viceroy should take -over the government at once, thus eliminating all possibility of the -interference of the tribunal. [598] - -The irregularities and inconveniences arising from the inefficacy -of the law of 1608 led to the promulgation of the cédulas of January -30, 1635, and of April 2, 1664, and to the enactment of the consulta -of September 9, 1669. These regulations applied exclusively to the -Philippines, and they legalized the intervention of the audiencia -in governmental affairs on the death of the governor. The first of -these admitted the right of the audiencia to administer political -affairs, but ordered that military defense should be in the hands -of a person appointed in advance by the Viceroy of New Spain. The -cédula of April 2, 1664, ordered that the audiencia should serve -temporarily during vacancies in the governorship until the temporary -appointee of the viceroy should arrive. This law further prescribed -that the audiencia should assume charge of political affairs while the -senior magistrate should take over the military command. He was to see -that the forces and defenses of the Islands were adequately kept up, -and that the soldiers were disciplined; he was authorized to command -them in case of insurrection or invasion. The consulta of September -9, 1669, above referred to, re-enacted the cédula of April 2, 1664, -but in addition it specifically ordered that the viceroy should not -designate a temporary governor until news of the death of the regular -incumbent was received, and then that no resident or native of the -Philippines should be appointed. [599] - -The Council of the Indies, by the law of September 29, 1623, had -already sought to guard against any undue assumption of power on -the part of the audiencia by ordering that when the viceroy was -absent from the capital city, but within his own district, he should -still retain his status as governor, and neither the audiencia nor -any of the oidores should interfere in governmental affairs. [600] -This law was not applicable to the Philippines alone, but it was of -general validity, throughout Spain's dominions. The control of the -audiencia in governmental affairs was only to become effective when -the governor was absent from the colony, or incapacitated through -sickness or death. Otherwise the governor's sphere of authority was -to be recognized by the tribunal. - -A variety of laws exist in the Recopilación prescribing the duties and -conduct of the audiencia when it had charge of governmental affairs, -and defining the relationship which should exist between the oidores -under such conditions. The magistrates were ordered to proceed -harmoniously and moderately both in the execution of governmental -affairs and in the administration of justice, not erring either on the -side of excessive severity, or of undue moderation. They were to devote -special attention to the increase and care of the royal revenue during -these times. [601] The right to grant encomiendas, essentially the -function of the governing authority, was conceded to the audiencia -when it acted in the capacity of governor. All such concessions -ultimately had to be confirmed by the king. On these occasions, -also, the audiencia filled vacancies and made appointments. However, -the oidores were warned against discharging officials and vacating -offices in order to fill them with their dependents and friends. [602] -All appointments made by the audiencia were to become void after the -arrival of a regular governor, unless they had subsequently received -the royal confirmation. When a vacancy arose, it was the duty of the -senior magistrate to propose a candidate, but the actual filling -of the place was to be effected by the acuerdo vote of the entire -audiencia. [603] - -The laws provided that the audiencia, as a body, should exercise -two distinct types or classes of powers when in charge of the -government. These were designated as governmental and military. The -exercise of these functions was assigned respectively to the audiencia -as a body, and to the senior magistrate, individually. While an -effort was made to insure the fair and equal participation of all -in government in case of a vacancy, the senior magistrate assumed -the position and honors of the executive, though not granted all the -governor's powers. [604] In the functions and duties of administration -all the magistrates were to participate. As noted above, each -was to have a share in the exercise of the appointing power, the -administration of colonial finances, participation in the acuerdo, -and in every other function except defense, which was entrusted to the -senior oidor. In this capacity, the oidor was always the most prominent -figure in the government. Among those who distinguished themselves -through the exercise of this power were Rojas, Morga, Alcaraz, Bónifaz, -Coloma, Montemayor, and above all, Anda. Although these men were -assisted and supported by their colleagues of the audiencia, and the -parts played by the latter were not without importance, the periods -of rule of the audiencia are always identified with the names of the -senior oidores, while those of the ordinary magistrates are forgotten. - -A complete understanding of the governmental functions and authority of -the audiencia, and the relation of the latter to the other departments -of government under these conditions may best be obtained by a review -of the circumstances and conditions of the audiencia's rule during -vacancies in the Philippines. The first occasion which in any way -approached the temporary rule of an audiencia in the Philippines was -in 1593, after the murder of Governor Gómez Pérez Dasmariñas. Pedro -de Rojas, who had been a magistrate of the audiencia when it was -suppressed in 1589, was at that time sole judge, with the additional -rank of lieutenant-governor and asesor, standing next to the governor -in authority. [605] After the death of Gómez Pérez Dasmariñas, -Rojas had occupied the governor's chair less than a year when he was -succeeded by the deceased governor's son, Luís Pérez Dasmariñas, -who became governor on the authority of a royal order found among -the papers of his father, whereby he was given the power to name -his successor. [606] His tenure seems to have been only temporary, -however, for as soon as news reached the court of the death of the -elder Dasmariñas, Francisco Tello de Guzmán was appointed permanent -governor and an audiencia was sent to the Islands, arriving at Manila -in 1596. [607] Meanwhile Rojas was succeeded as lieutenant-governor and -asesor by Antonio de Morga. According to Montero y Vidal, Dasmariñas -turned over the government to Morga in 1595, but it is more probable -that Morga assumed the temporary governorship when Dasmariñas was -in Cambodia and elsewhere fighting against the Dutch. In fact, -this conclusion is confirmed by Zúñiga. [608] At any rate, Morga -administered both governmental and military affairs on several -occasions when the various governors were absent from the Islands, -engaged in expeditions of conquest. - -On the suppression of the audiencia in 1589, the administration of -justice remained entirely in the hands of the lieutenant-governor -and asesor. This position was first occupied by Rojas, and later by -Morga, who succeeded to the same judicial duties and enjoyed the same -prerogatives as had formerly belonged to the audiencia. In the absence -of the tribunal, therefore, they assumed functions which elsewhere -were carried out by the audiencia on the death of the governor or -viceroy, partly because they had taken the place of the audiencia, and -partly because they were lieutenants-governor. After the audiencia was -re-established in 1598, Morga continued in charge of military affairs -when the governor was absent or dead, while the audiencia administered -the government, not by virtue of any laws relating especially to the -Philippines, but seemingly because this was the general practice in -all of Spain's colonies. Morga's defense of Manila against the Dutch -in 1600 has been referred to in an earlier chapter. - -Not only did the audiencia do much in defense against outside enemies -at this time, but it carried on offensive operations against them -in the Moluccas after the deaths of Governors Tello and Acuña. The -Japanese who were residing in the city also caused trouble, and the -audiencia was under the necessity of taking repressive measures against -them. [609] In 1606, while Governor Acuña was absent from the colony, -the fortification of Cavite, the equipment of a fleet and the defense -of the city were undertaken and carried out successfully by Oidor -Almansa. [610] Then on the death of Governor Acuña the audiencia -succeeded to the government and it managed affairs from June 24, -1606, to June 15, 1608, with Almansa in charge of military affairs. - -The various governmental matters with which the audiencia concerned -itself during this period are shown in a memorial which it sent -to the king on July 6, 1606. After reporting the death of Governor -Acuña, and its succession to the government, the audiencia took up -questions of finance and commerce. It stated that the money in the -treasury was insufficient for the necessary expenses of the colony, -owing to the extraordinary outlays which had been necessary to defray -the costs of the wars and expeditions which had been undertaken -at this time. The audiencia suggested that the galleon returns be -increased from 500,000 to 1,000,000 pesos a year. It was pointed out -in this connection that the total cost of transporting goods from -Manila to Acapulco, including freight and duty, aggregated thirty -per cent of their value, leaving to the merchants a profit of only -350,000 pesos. The oidores admitted that this arrangement might have -been ample and satisfactory when the colony was small or when there -was peace, but at that time, when the inhabitants of the colony -had been forced to expend so much of their revenue for defense, a -larger return was necessary. [611] Further recommendations were made -regarding commerce and the management of the galleons. It was said -that their great size encouraged smuggling; in order to avoid this, -and at the same time to contribute to the revenues of the colony, -it was urged that the ships should carry cargo to the limit of their -capacity, instead of being restricted to an insufficient amount. Large -reductions of salaries of ships' officers, soldiers, and sailors were -urged. The oidores did not think it advisable to forbid the crews and -officers of the galleons to trade, however, since their interest in -the cargo would encourage them to be obedient and loyal. [612] The -audiencia concluded its memorial with an appeal for the reform of the -freight and customs charges on the galleon. The abolition of all fixed -duties was recommended; instead, it was suggested that these duties -be graduated to meet the regular expenses of the colony as they were -incurred year by year. This recommendation was made on the basis of -the theory that duties should not be levied for the benefit of the -king's exchequer, but only for the support and maintenance of the -merchants and inhabitants of the colony. [613] This memorial would -seem to indicate that the audiencia, when acting in the capacity -of governor, exercised considerable authority and assumed entire -responsibility for the commercial and financial affairs of the colony. - -Zúñiga, after describing the success of Oidor Almansa in putting down -an insurrection of the Japanese, characterized the administration of -affairs by the audiencia during this period as follows: - - - The Royal Audience conducted themselves with great approbation in - the civil administration, until the year 1608, when Don Rodrigo - Vivero of Laredo, who was named by the Viceroy as Governor ad - interim, arrived at Manila, and having had great experience in - the management of the Indians in New Spain, he availed himself - of it on this occasion, giving instructions to that effect to - the chief judges, and other ministers of justice. He governed - with much satisfaction for one year, when he delivered up the - insignia of his office, and returned to Mexico. [614] - - -Vivero arrived in the colony on June 15, 1608. Vivero was the first -of the military governors appointed from New Spain. Under this and -succeeding arrangements, these governors exercised absolute control -of military affairs, while the audiencia concerned itself solely -with matters of government, the senior magistrate, of course, not -participating in military affairs. - -Vivero was relieved in 1609 by Governor Juan de Silva, who had -a permanent appointment and served for seven years. Silva's -administration was characterized by his military exploits, chief -among which was his defense of the colony against the attacks of the -Dutch pirate, Wittert, and subsequently of Spielberg. These frequent -expeditions gave the audiencia many opportunities to assume charge of -affairs, and after Silva's death in the Moluccas the tribunal ruled -from April 19, 1616, to June 8, 1619. During a part of this time -Andrés de Alcaraz, the senior magistrate, exercised the duties of -captain-general, successfully defending the city against the Dutch. On -September 30, 1617, the office of military governor devolved on -Gerónimo de Silva, who was especially designated for the post by the -royal order of March 20, 1616. [615] He was not an oidor, however, -but had served as governor of Ternate, having recently returned from -the Moluccas. [616] - -While the post of captain-general devolved upon Silva, the audiencia -retained control of administrative affairs in the colony until Alonso -Fajardo y Tenza, the next royal appointee, arrived on June 8, 1618, -to enter upon the duties of governor and captain-general. As we have -already seen, Alcaraz was relieved of his military responsibilities on -September 30, 1617, and was at once obliged to submit to residencia. In -this trial he was compelled to answer for his failure to warn the -Chinese traders, who usually approached the Islands at that time of -the year, of the presence of the Dutch. As a result of his oversight -in this matter, a large quantity of merchandise, including provisions -for the city, had fallen into the hands of the enemy. He was also held -accountable for the disaster which had occurred to a portion of the -Spanish fleet in the battle of Playa Honda through the appointment of -the son of one of the oidores to its command. [617] Alcaraz, senior -oidor, who was legally responsible for defense, was compelled to -answer for the failure of this inefficient commander. The choice of -a relative of one of the oidores was a violation of the laws of the -Indies. [618] Although Oidor Alcaraz seems to have acquitted himself -well of his duties as commander of the military forces, seven galleons -were lost in an expedition to the Moluccas during the rule of the -audiencia, and considerable difficulty was experienced in fixing -responsibility for this disaster. Alcaraz claimed that Silva was -answerable; the latter maintained that the audiencia was to blame, -and the audiencia disclaimed responsibility because, it alleged, -"the audiencia was entrusted with government and not war." In an -investigation ultimately made in 1625, Silva was deprived of his -office and was prevented from leaving the Islands. - -Governor Fajardo has left us a number of comments and criticisms of -the work of the audiencia as governor. His observations are timely and -appropriate, since the tribunal had been in charge of the government -for two years preceding his rule, and he was brought intimately in -touch with the deeds and mistakes of the previous administration. [619] -Fajardo's comments relate to the abuse of the appointing power by the -audiencia, and the failure of that body to provide adequately for the -defense of the colony. In support of the former charge, Fajardo said -that the magistrates had appointed several officials for life, which -was forbidden by the laws, since the audiencia was only permitted -to fill offices for the period of its rule. [620] The audiencia had -also infringed upon the prerogatives of the governor by the permanent -bestowal of encomiendas. Fajardo stated that when he arrived in the -Islands he found all the offices and encomiendas filled with friends -and dependents of the oidores. Thus as a direct consequence the success -of his administration was impaired by the presence of officials who -regarded him, their chief, with hostility. He cited an instance in -which similar infringements upon the rights of the viceroy by the -Audiencia of Mexico had been nullified by the royal veto, and he urged -that some definite cédula or law should be promulgated relative to -these matters in the Philippines. [621] - -The difficulty of fixing responsibility for the loss of the galleons -in the expedition to the Moluccas led Fajardo to criticise the -practice of allowing the audiencia to assume control of affairs -during vacancies. He regarded it as a cumbrous proceeding which could -only result in chaotic and incompetent government. No better results -could be expected when a body of magistrates and lawyers undertook -to rule an isolated colony, and especially when one of them assumed -responsibility for military affairs, which could not be successfully -carried out by any but a military man. He emphasized the necessity of -locating responsibility for every department of government in a central -authority. He recommended the designation of "two military men of such -standing and ability that, when the governor and captain-general is -absent, they might succeed to those duties." [622] He considered it -advisable that during vacancies, as well as when the regular governor -was present, authority should rest with one person and not be scattered -or divided among a number of magistrates. - -Gerónimo de Silva had been given a commission from the viceroy to -assume the post of captain-general, and upon the demise of Fajardo in -1624, he took charge of military affairs, while the audiencia retained -the government. Silva's responsibility for the loss of the ships in -1617, already referred to, as well as for other disasters in 1624, -caused him to be removed from the command and confined in Fort Santiago -where he remained until released by the new temporary governor, -Fernando de Silva, who arrived in 1625. The latter commanded the -military forces, while the audiencia administered the government. [623] - -Of far-reaching importance was the action of the audiencia in 1624, in -nullifying the action taken by the former governor, Alonso Fajardo, -relative to the construction of a seminary for Japanese priests -and students. This edifice had been partially constructed when the -audiencia took over the government. It is interesting to note that -the oidores, although not collectively responsible for the defense -of the colony, took a stand on this occasion in a matter which had -to do with the common security. The objections of the oidores were -significant. The location of the seminary within three hundred feet -of the wall was thought to be unwise in view of the danger of a -Japanese revolt. The Japanese emperor had signified his disapproval -of Christianity on many occasions by banishing and torturing numerous -friars who had gone to Japan from the Islands. He had forbidden the -worship and propagation of Christianity in his empire. There were at -that time rumors of an impending conquest of China and the Philippines -by the Japanese, consequently the audiencia did not wish to invite -the emperor's wrath upon the colony by attempting to proselyte -his subjects. The audiencia thought best to stop this before the -displeasure and enmity of the Japanese were incurred. Fear of the -loss of trade with China, dread of an alliance of the Japanese with -the Dutch, making probable a concerted attack on the Philippines, -and the danger of an outbreak of the Japanese already within the -colony in conjunction with an attack by those without, were all -considerations which induced the audiencia to take responsibility -upon itself in this matter. [624] - -The official correspondence of the governor following immediately -upon the administration of an audiencia is always valuable as showing -the state of affairs under the preceding rule. That of Fernando de -Silva coincides closely with the correspondence of Governor Fajardo -in charging the audiencia with many misdeeds, chief among which were -the abuse of the appointing power and the concession of encomiendas -without authorization. Silva, on his accession to the governorship, -also found the finances of the colony in a bad condition, great waste -having been incurred in their administration. There had been neither -peace nor order; the oidores had quarreled among themselves, and -residents were leaving the city as a consequence of this turmoil. The -oidores had, without cause, dismissed all the officials appointed by -Fajardo, filling their places with their friends. [625] The following -account of the excesses of the audiencia was given by Silva: - - - Under pretext of the arrest and removal of Don Geronimo de Silva, - Licentiate Legaspi, ... exercised the office of captain-general, - carrying the staff of office and making them lower the banners - to him, and address him as "your Lordship," and his wife as - "my lady." He immediately appointed his elder son to the post of - sargento-mayor of this camp, and his younger son to a company, - while another company was assigned to a relative of Auditor Matias - Flores y Cassila (also an oidor). Others were assigned to brothers - of the said Don Matias, the fiscal, and other auditors, except - Don Albaro (Messa y Lugo), who refused to have anything given to - his household. Upon seeing the illegality of these appointments, - I issued an act declaring them vacant and restoring those posts - to those who had held them before. [626] - - -That the king had not entirely lost confidence in the audiencia, -notwithstanding the above complaints, is attested by the instruction -issued by the Council of the Indies to Francisco de Rojas y Ornate, -royal visitor to the Philippines. [627] This communication, which was -dated August 17, 1628, approved the stand which the audiencia had taken -in insisting that all money obtained from Chinese trading-licenses -should be put into the royal treasury and accounted for by the -oficiales reales before it was spent. It appears that the governor -had hitherto used this money as an extra fund upon which to draw for -the expenses of the colony. The king also approved the attitude of -the audiencia in denying to persons in New Spain the right of using -the Manila galleon for the shipment of their goods, and in refusing to -allow money sent by them to the Islands to be invested in the Chinese -trade. Silva contended that the audiencia had no right to intervene -in either of the above matters, but in this Silva was not sustained, -Rojas y Ornate being instructed to see that Governor Tavora respected -the action of the audiencia in the two particulars referred to. [628] - -The audiencia assumed management of political affairs in 1632, on -the death of Governor Juan Niño de Tavora, but neither the audiencia -as a body, nor the senior oidor personally were entrusted with the -military command. This responsibility devolved on Lorenzo de Olazo, -the maestre de campo, who had been designated by the viceroy of New -Spain to assume temporary charge of military affairs. He was succeeded -the following year by Juan Cerezo de Salamanca, who had been sent from -Mexico by the viceroy as soon as the death of Tavora was announced in -that city. Cerezo served ad interim for three years, and during his -administration the audiencia acted solely as a judicial body, not -attempting to interfere in governmental or military affairs. [629] -It was under the rule of this governor that important expeditions -were undertaken against the Moros in the South, and the first fort -and settlement were made at Zamboanga. - -It is to be especially noted that in the appointment of Olazo and -Cerezo in 1632 and 1633 respectively, the senior oidor was deprived -of the control of military affairs. This had been done also in -1617 and in 1624 when Gerónimo de Silva, governor of Ternate, had -taken charge of military affairs during vacancies in the regular -governorship. Temporary appointments had been made on two different -occasions by the Marqués de Cerralbo, Viceroy of New Spain, once in -the sending of Fernando de Silva after the death of Governor Fajardo, -and on this occasion, when Cerezo de Salamanca took the place of -Governor Juan Niño de Tavora, after the audiencia had governed -a year. Experience had shown that the assumption of the military -command by the senior oidor was not productive of the most satisfactory -results. It was not to be expected, of course, that a magistrate would -administer military affairs with the skill of a captain-general, and -we have seen that various governors recommended that the practice -should no longer be continued. So it came about that the law of -1608 was revived, and the viceroy appointed a temporary governor to -assume control of military affairs, the audiencia being restricted -to judicial and administrative functions. In 1633, on the accession -of Cerezo de Salamanca, the audiencia was deprived of the right of -intervention in the last mentioned activity, and was confined to its -judicial duties alone. This was confirmed by the cédula of January -30, 1635, which relieved the Audiencia of Manila of all jurisdiction -over military affairs during vacancies, ordering that they were to -be administered by a temporary appointee of the viceroy. [630] - -Nevertheless, considerable opposition to this method of filling -vacancies in the governorship had developed within the colony. This -is shown in various protests which came from the Islands from time -to time. These are set forth with great clarity in the correspondence -of the governors. Corcuera, in a letter written to Philip IV on June -30, 1636, stated that these temporary governors had allowed persons -in Mexico to make large fortunes out of the Philippine trade, and -that the governors had devoted most of their time when in Manila to -serving as agents of the residents of Mexico. Corcuera, however, -seemed to regard the audiencia as incapable of government, for he -claimed that in the brief term of a year in which the tribunal had -ruled, three years prior to his accession, it had run the colony into -debt from 80,000 to 100,000 pesos. He charged the oidores with the -same dishonest practice as had been alleged against Governor Fajardo, -namely, that they had issued due-bills in payment of debts and had -bought them up later at less than their face value, realizing the -full amount on them upon their presentation to the treasury later. He -stated that these warrants were not only bought by the oidores, but -by practically all the officials of the government. During Cerezo's -term a sum in excess of 100,000 pesos was said to have been paid out -to officials as usury. [631] - -Corcuera presented a scheme of reform designed to remedy the evils -resulting from the succession either of the audiencia or of an -irresponsible military commander to the ad interim governorship. He -recommended that the regularly appointed governor should be assisted -by five commissioners, who should be military men, holding the -respective commands of Fort Santiago, Cavite, the Port of Manila, -Formosa, and the Parián. These were to be eligible in the order named -in case of a vacancy. This plan, like so many of the schemes of the -soldier governors, only took cognizance of the military side of the -governor's office. The marked tendency of these commanders was to -continually underestimate the administrative and political phases -of their positions. The plan of Corcuera was not adopted, however, -and the viceroy continued to appoint temporary governors to succeed -the audiencia when it assumed the government ad interim. - -Governor Diego Fajardo, on July 10, 1651, wrote a letter to the -king protesting against the policy of appointment which was then in -force. He said: - - - I should be unfaithful to Your Majesty if I did not advise you - of the inconveniences arising from the appointment of governors - by the Viceroy of New Spain; the practice of sending money from - Mexico for investment in this colony has continued and increased, - to the exclusion and deprivation of the merchants of these - Islands.... Investments have been made by the viceroys through - the agency of others. [632] - - -Fajardo urged that the audiencia should be permitted to retain the -government as it had done formerly. He showed the advantages accruing -to the colony from a continuity of policy which would result from the -rule of the oidores. He showed that the incursions of the viceroys -and residents of Mexico upon the galleon trade would more likely be -checked by the oidores than by any other agency, adding moreover that -this particular matter should be attended to at once since the life and -prosperity of the colony depended on the control of the Acapulco and -Chinese commerce by the merchants of Manila. [633] A similar argument -was presented by Governor Manrique de Lara in a letter written July 19, -1654. This governor urged that a commission of magistrates, familiar -with the needs of the colony through experience and long residence, was -better fitted to rule for the common good than a stranger, appointed -by a distant viceroy, coming to the Islands as most of the temporary -governors had done, with the sole purpose of exploitation. [634] - -Probably the sentiments of the residents and officials of the -Philippines were best and most effectively expressed on this subject in -the letter written by the audiencia to the king on July 19, 1654. [635] -The audiencia, on this occasion, described the inconveniences -resulting from the appointment of a resident of the Islands by the -Viceroy of New Spain. It was alleged that these appointees, being -already established in the Islands as merchants, officials, lawyers, -and even as soldiers, spent all their time in the service of their -own special interests. The commercial abuses of these appointees were -said to be notorious. The presence of so many relatives, friends, and -business connections made it impossible for these temporary rulers to -officiate properly as presidents of the audiencia, or to administer -the affairs of the government with diligence and impartiality. - -As a result of the general dissatisfaction in the colony, which was -reflected in the above letters, and in compliance with the repeated -requests previously made for reform, the law of April 2, 1664, was -proclaimed, and followed by the consulta of September 9, 1669, which -has been already referred to. These laws still recognized the right of -the Viceroy of New Spain to appoint governors temporarily, but these -were no longer to be designated in advance from the residents of the -Islands. While the senior magistrate was to have charge of military -affairs, he was to seek the advice of such military officials as -were stationed in the colony, "exercising very particular care and -vigilance in all that pertains to military affairs, endeavoring to -keep the presidios well stocked and provided with all the defenses -necessary for whatever occasion may arise." This, then, was a return -to the practice which had prevailed prior to September 13, 1608, -when the Viceroy of New Spain was first authorized to appoint a -temporary governor in advance of the death of the incumbent. Although -the audiencia assumed the government with partial legal justification -from 1593 onward, the period from 1664 to 1719 may rightly be said -to constitute the era of the audiencia's authorized rule. - -An occasion for the exercise of the new law occurred in 1668, -when Governor Diego de Salcedo was arrested and imprisoned by the -commissary of the Inquisition. In accordance with the law of April -2, 1664, just referred to, the audiencia was entitled to assume the -government until the arrival of the provisional governor from New -Spain. A dispute arose between the two most eligible oidores, Francisco -de Coloma and Francisco Montemayor y Mansilla, for the honors of the -military command. Coloma had been commissioned as magistrate of the -Audiencia of Manila before Montemayor, who maintained his claim to the -headship of military affairs on the grounds that he had arrived in -the Philippines earlier than Coloma. [636] These two officials were -unable to agree as to their respective rights, and Juan Manuel de la -Peña Bónifaz, junior magistrate of the audiencia, took advantage of -the discord to further his own interests. Put forward by the commissary -of the Inquisition and by the ecclesiastical element of the colony as -arbiter in the contention between his two colleagues, he solidified -his own power until he was able to usurp the entire government. He -issued orders to the soldiers, compromised with Coloma, exiled -Montemayor, enacted financial and governmental measures, appointed -his friends to office, and in general acted the part of a dictator, -combining in his own person all the functions of the military, -judicial and executive departments. [637] The audiencia, of course, -was entirely suppressed. Certain ecclesiastical authorities state -that he governed with greater consideration and fairness than many -of his predecessors, and that his rule was more just than that of -the audiencia had been. [638] The spirit of his administration was -particularly favorable to the churchmen, by whose favor he gained -office, and by whose aid he was able to retain his position. His -successor, Manuel de León, was appointed regular governor as soon as -news of the arrest of Salcedo reached Spain. Bónifaz was apprehended -and sentenced to pay the customary penalty for treason, but death -intervened and defrauded the king's justice. It may be considered, in -a sense, that Bónifaz conferred a service upon the colony by forcibly -putting an end to the disputes which had been prevalent between the -rival oidores whose claims could not have been settled for three -years at least--the time necessary for the Council of the Indies to -transmit to the distant colony a ruling on the points at issue. - -The audiencia next took over the government in April, 1679, on the -death of Governor León, and it retained control of affairs until the -arrival of Governor Juan de Vargas Hurtado in September, 1678. The -rule of the tribunal on this occasion was without sensational -features. Oidor Francisco de Coloma, in whose favor the Council of -the Indies had declared in the dispute described above, assumed charge -of military affairs, serving as captain-general until his death. His -seniority was acknowledged by Montemayor, who was called back from -exile to a place in the audiencia. [639] - -The inefficiency of the audiencia as a governing agency as shown -in the episode just described was surpassed by the state of utter -impotency to which the tribunal was reduced during the Pardo -controversy in 1684. Though at first successful in exiling the -archbishop, the audiencia and Governor Vargas were later completely -undone by the intriguing of the new governor, Curuzaelegui, with -the prelate to discredit the previous administration. The struggle -ended in the restoration of the prelate, the residencia of Vargas -and the appointment of a new tribunal which was calculated to be more -subservient to the commands of the new governor and the prelate. This -audiencia assumed the government after the death of Curuzaelegui on -April 17, 1689, with Alonzo de Ávila as chief executive. [640] - -The events of the Pardo controversy prepared the way for a period of -rule by an audiencia in which the entire government was dominated -by the ecclesiastics. Archbishop Pardo and his successors were -the real governors and the victory of the church over the various -officials of civil administration lowered the moral tone of the entire -government. Corruption flourished and the vigor of the administration -decayed. [641] It is clear that the depravity of the civil government -proceeded largely from the weakness of the audiencia and its submission -to the governor. The latter was under orders from no less an authority -than the king, himself, to put an end to the disputes between church -and state in the colony and to bring about peace; it also happened -that the situation in the colony at that time caused the governor to -lean towards the side of Pardo and his supporters. The audiencia was -entirely disregarded both by Governor Curuzaelegui and by the court, -which may be attributed in some measure to that policy of the Spanish -government previously alluded to--that of sacrificing principle in -order to preserve harmony. There is no doubt but that the weakness -and inefficiency of the audiencia during these two controversies -contributed largely to the subsequent decision of the court to deprive -the audiencia of the right of governing ad interim. - -The last occasion on which the audiencia regularly assumed the -government of the Islands, and one which demonstrated still more -conclusively the inefficiency of the audiencia as governor, occurred -in 1715, after the death of Governor Lizarraga. His rule had been -uncommonly quiet and peaceful, and the period of extortion and strife -which succeeded it furnished a marked contrast to that governor's -administration. The audiencia ruled from February 4, 1715, to August -9, 1717, with Oidor José Torralba as senior magistrate. The reports -sent by Torralba to the court during the two years of his service -as military commander show that the audiencia as a body played a -very small part in the government. This was again the rule of a -dictator. We have seen in a former chapter that Torralba was held -accountable in his residencia for a deficit of 700,000 pesos which -developed during this period; [642] it is difficult to understand -how this could have been possible had the senior magistrate concerned -himself solely with military affairs. Concepción states that Torralba, -inflated by his position, and ambitious of getting absolute control -of the government, drove from office the oidores who dared to oppose -him. [643] He refused to honor the royal cédula of April 15, 1713, -which ordered the reinstatement of Oidor Pavón to his place as senior -oidor since the fulfillment of this order would have deprived Torralba -of his command. - -Torralba reported great progress in the repair and restoration of -royal and municipal warehouses, hospitals, convents, and churches -during his administration. The wall of Manila was re-built and new -bronze guns were cast and placed thereon. As acting captain-general, -Torralba inspected Fort Santiago, and, "noting grave needs both -in construction and in the morale of troops," made the necessary -repairs, reforms and corrections. [644] He concerned himself also -with the promotion and appointment of military officials. These -latter acts were vigorously resisted by the maestre de campo, and by -other military officials, as encroachments on their authority. They -ultimately sought to bring about the nullification of all Torralba's -"unjustifiable acts of interference within the military sphere." [645] -Whether animated by a sincere desire to see the natives justly treated, -or rather by his natural dislike of the friars, Torralba intervened -on various occasions for the protection of the Indians against the -encroachments and abuses of the churchmen on the encomiendas and -in the native towns. These acts were carried out in the name of the -audiencia, and in accordance with the law, ultimately meeting with -the approval of the Council of the Indies. [646] - -A great deal of dissatisfaction, both at the court and in the colony, -had resulted from the audiencia's assumption of the government at -various times since 1664. We have already noted that the restoration -of this authority to the audiencia was attended by the disgraceful -quarrel between Coloma and Montemayor and the usurpation of Bónifaz in -1668. The Pardo controversy did not produce a favorable impression of -the activities of the audiencia. Torralba's dictatorship in the name -of the audiencia from 1715 to 1717, conspicuous for the huge deficit -in which it culminated, demonstrated the unfitness of the audiencia -to be entrusted with the rule of the Islands. - -Indeed, it may be said that the various experiments made by the -monarchs during the seventeenth and early eighteenth centuries for -the purpose of perfecting a system whereby the governorship could -be satisfactorily filled ad interim had failed to demonstrate or -develop any authority capable of maintaining harmony or decent -government. Co-operation among the authorities of the colony was -practically unknown. The royal disapproval was passed upon practically -all the official acts of these interim administrations. The thirst -for personal glory, and the desire for private gain invariably -induced some official who was stronger than his contemporaries to -assume control of affairs; thus the government of the colony was made -repeatedly to subserve personal ends, and civil and political life -was characterized by its strife and discord. The probabilities that -the temporary administration of the audiencia would not be entirely -successful had been recognized from the beginning, and in order to -guard against its misrule the king had authorized the appointment of -a temporary governor by the Viceroy of New Spain. It was unavoidable, -however, that the audiencia should govern until the arrival of this -official. For a time the alternative was tried of allowing the maestre -de campo to assume the military command, but this resulted in such an -incompetent rule that the former prerogatives of the audiencia were -restored. Whether the audiencia was capable of governing successfully -or not, it certainly had the power to make or mar the government of -any other person or authority, whether he was regularly appointed by -the king, or chosen temporarily by the viceroy. - -The church, as represented by a succession of triumphant archbishops, -had exercised the preponderance of power and authority throughout the -forty years of strife, ending with the death of Governor Bustamante. We -need not be concerned here with the various struggles and disagreements -with governors and audiencias, but the fact remains that the church -was the only institution existing during this period which was able to -present a solid and united front to its enemies, or which manifested -any symptoms of power, unity or royal approbation. The culmination -of ecclesiastical power was virtually reached on October 11, 1719, -when Governor Bustamante was murdered by emissaries of the church -and Fray Francisco de la Cuesta, Archbishop of Manila, assumed the -vacant governorship. - -Zúñiga, the Dominican historian, says that the archbishop declined the -governorship on this occasion, but was subsequently prevailed upon -to accept it. [647] It is certain that the tribunal was in no state -or condition to take charge of affairs; its administration had been -discredited by the murder of its protector, its senior magistrate had -been proved an embezzler in his residencia, and the remaining members -of the tribunal were not qualified to remain in office. Oidores -Villa and Pavón, removed by Torralba and Bustamante, were restored -by the archbishop, and were content to recognize him as president -of the audiencia. Each of them had his own claims to the position of -acting-governor and had Cuesta not occupied the governorship with their -consent, these oidores would either have been languishing in banishment -as punishment for having resisted the prelate, or they would have -been struggling for the honors of a position occupied by a pretended -mediator, as on former occasions. So there can be no doubt that it -was best for all concerned that the church was powerful at this time; -the colony had had enough of strife and murder and there was urgent -need of some authority with sufficient power to bring about peace. It -is sufficient to say that the audiencia renounced its claims to the -government, and, according to Zúñiga, who devotes an unusual amount -of space to this important epoch in the ecclesiastical history of the -Islands, the people were very content with the archbishop's rule after -the injustice and oppression of Bustamante. [648] It may be noted that -the archbishop exercised complete authority over the audiencia, even -to the extent of restoring oidores who had been unlawfully dismissed, -and of acting as an intermediary between magistrates. He was master -of the situation and his interim rule was preferred by the sovereign -and by the people to that of the audiencia. - -The royal order of September 8, 1720, legalizing the government of -the prelates, applied not only to the administration of Cuesta, but it -established a precedent for the temporary rule of four prelates. [649] -In compliance with this decree, three sealed envelopes (pliegos de -providencia) were sent to the audiencia to be placed unopened in -the archives of that tribunal, and the seals were to be broken only -on the death of the governor. These envelopes were accompanied by an -order from the king, directing that the person mentioned in the first -envelope should be recognized as temporary governor. In case of his -absence or incapacity to serve, the second envelope was to be opened -and the directions contained therein were to be followed, and if -these could not be complied with, the third envelope was to be opened. - -No further necessity for the observance of this law of succession -arose until after the death of Governor Gaspar de la Torre, when, -on August 15, 1745, the first envelope was opened in the presence of -the audiencia. The post of archbishop being vacant at this time it -became necessary to follow the directions prescribed by the second -envelope. It was found that Fray Juan de Arrechedera, Bishop of -Nueva Segovia, had been designated as the governor's successor. The -audiencia relinquished the control of affairs into his hands and he -governed for a period of five years. - -It would seem that the ecclesiastical calling of this governor in no -way incapacitated or hindered him in the execution of his duties. His -administration was characterized especially by various measures taken -for the defense and fortification of the Islands. He suppressed several -insurrections in Ilocos and Cagayán, dispatching military forces under -the command of alcaldes mayores against the revolting natives. He -repelled several Moro raids and made treaties of peace with the Sultan -of Sulu. [650] There is no evidence of discord between the governor and -the audiencia during this period. Although Archbishop Trinidad arrived -and took possession of his see on August 27, 1747, he made no attempt -to take charge of political affairs. [651] He permitted Arrechedera -to continue as governor for three years, handing over to him - - - a royal mandate, for the absolute expulsion of the Chinese - [which was never] ... carried into execution, the interest of - the Governor being too deeply involved in the suspension of it, - the Chinese paying him a contribution for his forbearance. The - Archbishop found that Arrechedera was strongly attached to this - nation, and he became so far a convert to his sentiments on this - subject that he did not put the royal order in force.... This - seems to have been the only error committed by this illustrious - prelate during the time he held the government. In all other - respects his conduct reflected the highest honour on him. [652] - - -The third time the government was taken over by a prelate was in 1759 -on the death of Governor Arandía. On this occasion it became necessary -to open the third pliego de providencia. The metropolitan see of Manila -and the diocese of Nueva Segovia being vacant, Bishop Espeleta of Cebú -was the senior prelate of the Islands. Shortly after the accession -of Espeleta, Manuel Rojo, the new archbishop, arrived, commanding -Espeleta to vacate the governorship at once. Rojo refused, citing the -precedent established by Bishop Arrechedera. Espeleta appealed to the -audiencia for support, but the oidores were unable to agree on the -question, two of them, Calderón and Galbán supporting Rojo, and the -other two remaining in favor of the retention of the governorship by -Espeleta. The question was left to the fiscal, Francisco Leandro de -Viana, who advised that the matter should be carried to the Council -of the Indies for final settlement. [653] It transpired, therefore, -that Espeleta retained the governorship from 1759 until 1761, and he -did very effective work in repelling the raids of the Moros, who had -been ravaging the provinces with impunity for some time. - -The prosecution of Dr. Santiago Orendaín occupied a large share of -Espeleta's attention during his administration. This controversy -should be noted here because it illustrates the relations between -the audiencia and an ecclesiastical governor. Orendaín had been -the advisor (asesor) of Governor Arandía, and was held responsible -for the repressive measures taken against the church during the -administration of the latter. The rule of an unscrupulous prelate -presented an excellent opportunity for revenge and Orendaín's -prosecution was unanimously demanded by the ecclesiastical element of -the colony. The magistrates also welcomed the opportunity to retaliate -upon a hitherto successful, but unpopular, rival. The fiscal brought -action against Orendaín, who sought refuge in an Augustinian convent, -whereupon the civil authorities forced an entrance into the asylum, -seizing Orendaín and imprisoning him in Fort Santiago. The provisor -of the ecclesiastical court excommunicated Magistrate Villacorta, -who had exculpated Orendaín in his trial, but the ban was disregarded -by the audiencia. A division over the question arose in the tribunal, -and matters were assuming a threatening aspect, when the authorized -appointment of Governor Rojo arrived. Espeleta gave up his office, -and the first act of the new governor was to restore Orendaín to full -favor as his counsellor. The affair of Dr. Orendaín illustrates a phase -of Spanish colonial administration which is too characteristic to be -left unnoticed here. Aside from the influence which Orendaín exercised -over Governor Arandía, his persecution shows the measure of personal -rancour which even a prelate might put into his administration, -spending practically two years in the pursuit of revenge. In this he -was supported by the audiencia. In this affair neither the church nor -the audiencia were animated so much by motives of right and justice -as they were influenced by personal feelings. - -The rule of Archbishop Rojo from 1761 to 1764 was a notable one -in the history of the Philippines. The principal event during -his administration was the capture of Manila by the British. This -furnished the occasion for the resistance of Oidor Simón de Anda y -Salazar, in the name of the audiencia, both to the English and to -the archbishop who had ordered his surrender. These events show -the complete incapacity of an ecclesiastical governor of Rojo's -type and personality to fulfill the military requirements of his -position. In the operations of Anda we note how a man of decisive -action, energy, courage, and loyalty was able to force the issue and -deprive the archbishop-governor of the executive functions which -he had assumed legally, but which he was unable to dispense. This -episode illustrates, furthermore, the general disregard of the laws -which placed the governorship in the hands of a man who was unfit -for its exercise, showing again that in the selection of a person to -carry out the duties of governor the military side of the situation -could not be disregarded. - -Anda, at the time of the accession of Rojo, was a junior magistrate -in the audiencia, having arrived in Manila on July 21, 1761. [654] -The British squadron entered Manila Bay on September 22, 1762. The -British subsequently attacked the city, the fall of which seemed -imminent on account of the neglectful state into which the defense had -fallen. [655] The proposition was made to the archbishop-governor by -Fiscal Francisco Leandro de Viana and the audiencia that Oidor Anda -should be dispatched to the provinces with the title of Governor -and Captain-general of the Islands for the purpose of maintaining -and defending them under the sovereignty of the Spanish monarch, -[656] and "in order that he might keep the natives quiet in their -Christian instruction and in their obedience to the king." [657] The -archbishop refused to accede to this proposition on the grounds that -"neither he nor the Audiencia had any authority to create a governor -and captain-general, which was the proper privilege of his Majesty; -and that it was enough to give him the title of visitor of the land -... and ... of lieutenant of the captain-general." [658] This was done, -therefore, and Anda left on the night of October 3, 1762, with these -titles and powers. - -It is important to note that Anda was not given the title of governor -and captain-general, but that as oidor he was commissioned visitador -de tierras and teniente de gobernador y capitán general. [659] The -authority to designate oidores as visitors of the provinces was -a function regularly exercised by the president of the audiencia -and authorized by the laws of the Indies. [660] It appears from the -above that Anda was sent to the provinces to defend them against the -English. This was the main object as stated in the original proposition -of the audiencia. Zúñiga states the purpose of the departure of Anda to -have been "to maintain the islands in obedience to the King of Spain," -[661] and this is corroborated by the testimonies of Anda, [662] -Viana [663] and of Rojo, [664] himself. In view of these facts, Rojo's -failure to co-operate with Anda, his proneness to listen to those who -counseled surrender, his complete reversal of tactics in repeatedly -summoning Anda to abdicate, and his willingness even to betray Anda -into the hands of the British are almost inexplicable. [665] - -Anda organized a provisional government in his capacity as -lieutenant-governor. He disregarded the repeated summons of the -archbishop to return to the city and surrender to the British. In -a letter to the archbishop, dated October 21, 1762, Anda justified -his position and made clear that he was not acting on the basis -of any delegation of power as captain-general, which authority, -he acknowledged, still rested with Rojo. He stated that he had been -appointed visitor-general of the provinces "with the real mission -of protecting them if the English captured Manila;" in case this -happened he was to solicit the aid of prelates, religious and alcaldes -mayores in defending the Islands. He complained that Rojo had already -"endeavored to influence the prelates, religious and natives to -submit to the British." [666] He urged that Rojo should desist from -his opposition to his efforts, pointing out the great desirability -of their co-operation. - -When Anda became convinced of the infirmity of Rojo and the uselessness -of further attempts at co-operation with him he completely changed -his attitude towards his own position and towards the question of the -defense and government of the Islands. While he had hitherto recognized -Rojo as governor and captain-general, he now assumed the position that -the archbishop was a prisoner in the city and he therefore refused to -recognize the orders of the latter. Anda issued a call to all loyal -inhabitants to defend the honor of Spain. He ordered the alcaldes -mayores to pay no heed to the dispatches and commands issued by the -archbishop or the British in the city. He set himself up as governor -and captain-general of the Islands, subsequently moving his capital -to Bacolor, Pampanga. He obtained possession of the funds of the -royal treasury, which had been sent to the province of Laguna when -the English had appeared, and he turned a deaf ear to the demands of -the archbishop that the money should be returned to the city in order -that it might be applied on the payment of the four million-peso war -indemnity imposed by the victorious British. Anda enlisted a military -force aggregating eight thousand men, and he successfully prevented -the enemy from doing more than capture Cavite, Pásig, and a few other -places of minor importance. Notwithstanding the demands of the British, -who had placed a price of four thousand pesos on his head, and the -entreaties of the archbishop, Anda resisted until he was assured that -peace was definitely arranged between Spain and Great Britain. [667] - -The justification which Anda offered for his conduct was as follows: -the regular governor and the audiencia (excepting himself) were -prisoners in the city of Manila; their positions and places -were therefore vacant, and Anda, as the sole oidor who was not -incapacitated, should accordingly succeed and had succeeded to the -management of political affairs and defense. He was both audiencia -and governor. In support of his contention that he himself was the -legally constituted audiencia, he cited the law promulgated by Philip -III on August 14, 1620, declaring that "in some of the audiencias -of the Indies it has happened, and it might happen still that the -oidores being absent and ... only one remaining, ... in such cases the -audiencia is to be conserved and continued with only one oidor." [668] -Anda had been a legally appointed oidor on special delegation to -the provinces when the city fell into the hands of the British; -the governor and the remaining oidores had become prisoners and -were civilly dead; being the only magistrate of the audiencia yet on -duty, he was at once audiencia and governor. He stated that he would -surrender his office to the archbishop and audiencia when both had -regained their liberty, but he warned the archbishop that if he went -to the extreme of surrendering the Islands, he (Anda) "would in no -wise obey so unjust and absurd a treaty," and furthermore stated that -if the British wished to rule the country, they would have to conquer -it first. He expressed the conviction that neither the archbishop nor -any other authority except the king had the power to surrender the -Islands. [669] In these arguments and sentiments Anda was supported -by the fiscal, Francisco Leandro de Viana, and by Oidores Galbán and -Villacorta, who subsequently escaped from the city and joined him in -the provinces, aiding him in his resistance to the invaders. - -Although the British had agreed in their terms of capitulation that -the audiencia should continue in the exercise of its normal powers -in Manila, [670] that tribunal and the archbishop were virtually -prisoners; the idea of their recognition therefore appears almost -an absurdity. The oidores acted as members of the council of -war which considered the proposition made by the British for the -surrender of the city, but if we may trust the testimony of Viana, -the archbishop, influenced by his favorites, Monroy and Orendaín, -forced the magistrates to sign the articles of capitulation. Viana -says that in the various matters which came up for solution after the -city had surrendered, the oidores were formally consulted, but the -archbishop followed his own counsel, or that of his favorites. [671] - -The position of Rojo after the escape of the fiscal and the oidores -was an exceedingly unpleasant one. The English commander complained -that the prelate and the audiencia had failed to keep the agreement -which had been made between them; in escaping, the fiscal and the -oidores had violated their oaths; the indemnity had not been paid; -the provinces had not surrendered and Anda was still continuing his -resistance. The sack of the city was threatened. These conditions made -Rojo redouble his efforts to betray Anda and to get possession of -the treasure which had come on the patache, "Filipino". The British -offered remission of tribute to all natives then in insurrection who -would surrender. Anda was charged with responsibility for the danger -with which the city was threatened. He was said to have prevented -the fulfillment of the treaty between Rojo and the British. To this -Anda replied that he had not been a party to the treaty. The state -of perpetual worry in which Rojo was kept brought about his death -on January 30, 1764. Even before this he had practically lost his -status as governor and the British were treating with Anda for the -surrender of the Islands. [672] This continued until the legitimacy -of the position of Anda was recognized by Governor Torre. [673] - -A statement of the above facts aids in clarifying our view of -Anda's position. It certainly can be said that there was neither an -audiencia nor a governor with sovereign powers in Manila; this lack -furnished a reasonable basis for Anda's claims. However clearly it was -established that a vacancy existed in the governorship, his position -would have been sufficiently tenable had it been based solely on the -grounds that the archbishop had delegated him as lieutenant of the -captain-general, with military powers. The archbishop-governor had -granted him that title and those powers for the very purpose for which -he had utilized them, namely, for the defense of the Islands against -the British. In view of the support which was extended to Anda in his -contention that he was governor and captain-general as long as the -archbishop and the regularly constituted audiencia were prisoners, -it is not easy to understand why it was necessary for him to justify -himself by advancing the claim, first, that he was the audiencia, -and, second, that he was the governor because he had the authority -of the audiencia. The only accountable reason for this was probably -the necessity of nullifying the commands of the archbishop which -were being issued from the captured city. He may have felt that such -measures were imperative in order to gain and retain the respect of -the natives and provincial officials who were not under his immediate -influence and who were consequently more independent and inclined to -be insurrectionary and riotous. Yet, it is hardly possible that the -legal arguments advanced in support of his claims were understood by -this class. - -It does not appear, moreover, that Anda was entirely justified in his -argument by the laws. No doubt he was right in regarding himself as -the audiencia, on the basis of the laws cited by him. However, the -law did not at that time authorize the succession of the audiencia -to a vacancy in the governorship. The cédulas of September 8, 1720, -and of August 15, 1731, were still in force in the Philippines, and -by virtue of these and by the special cédula promulgated in 1761 in -favor of Rojo, an ecclesiastic was authorized to act as governor -in case of a vacancy. According to law and precedent, the post -vacated by the archbishop-governor should have been filled by the -bishop of Nueva Segovia, and by the bishop of Cebú, respectively. It -is true that neither of these ecclesiastics put forth any effort -to maintain their legal rights, probably for the reason that they -realized their incapacity to organize and conduct the defense of the -Islands as well as Anda had done. The audiencia had not succeeded to -the government since 1715; it had been forbidden to do so in 1720 and -subsequently. It is therefore difficult to understand how Anda could -have seriously advanced the claim that in his capacity as sole oidor -he should succeed to the government. - -Aside from the opposition of the archbishop, there does not seem to -have been any great difference of opinion on the question of whether -Anda could rightfully claim the prerogatives of the audiencia and -governorship at the same time. Rojo paid no attention to the legal -arguments advanced by Anda, but contended that both the governor and -the audiencia were still in full possession of their powers and in -complete enjoyment of their liberties within the city. No comment -is to be found on Anda's contention in the royal dispatches which -were sent in answer to his reports. It is important to note, however, -that after the death of the archbishop, and after the restoration of -peace, the fiscal was of the opinion that the government should go -to Fray Ustáriz, bishop of Nueva Segovia. [674] In this opinion he -was seconded by Oidor Galbán. - -It would seem that Anda was supported in his resistance to Archbishop -Rojo and the British largely on grounds of expediency. This is -clearly brought out in a letter which Fiscal Viana wrote to the king -on October 30, 1762, stating his opinion that: - - - Since the Audiencia and governor are unable to exercise their - duties, Anda, as the only active and unembarrassed minister who is - able to retain his place under the authority of Your Majesty, has - declared himself governor, royal audiencia and captain-general. It - is evident that, being a prisoner, the archbishop cannot be - governor and captain-general, and it is equally certain that - the government and office of captain-general falls back on the - audiencia and the oldest oidor. [675] - - -This argument savors of expediency and sound practicability rather -than of interest in the legal quibble. Had Viana been convinced of -the legality of Anda's claims he would not subsequently have supported -Ustáriz. Viana contended that neither the archbishop nor the audiencia -enjoyed sovereign powers when they were prisoners. Anda, on the other -hand, was in such a position that he could utilize his legal powers; -he used them to good advantage and effectively, therefore he was -entitled to recognition. - -Aside from the question of legality, it is important to note that Anda -was the only person who was able to exercise sovereign powers during -this time. It is certain, moreover, that he prevented the Islands -from falling into the hands of the British and that he maintained the -continuity of the sovereignty of Spain in the Islands from 1762 to -1764. During his rule in the provinces he exercised practically all -the functions of a normal government. Aside from the management of -military affairs he administered the finances and levied tribute. As -noted above, he contrived to obtain possession of the royal treasure -which had been sent to Laguna; he was consequently better equipped -financially than he would have been otherwise, and better than his -rivals in the city. His finances were also augmented by the favorable -circumstance of his capture of the "Filipino" which was returning -from Acapulco with the proceeds of the sale of her former cargo. [676] - -Other functions of a semi-military and governmental character were -exercised by Anda in his capacity as acting governor. In some of these -matters he was assisted by the fiscal and audiencia in the latter part -of his administration. He regulated the prices of provisions in order -to prevent them from attaining prohibitive proportions. He did all that -he could to further and encourage interprovincial trade. He issued -orders in regulation of wages. In order to discourage drunkenness -he forbade the sale of nipa wine except in small quantities. He -discouraged the importation of wine from Laguna. He took measures -to prevent the Chinese from counterfeiting or chipping coins, and -he declared what should be legal tender. He forbade the shipment of -provisions to the beleaguered city and refused to permit the natives -under his jurisdiction to shelter or otherwise assist an Englishman. He -prevented secular priests from communicating with the archbishop. In -order to encourage service in the army he exempted natives from the -polo, or labor tax, and he also made certain exceptions to the general -rule for the payment of tribute to offset the decree of the British -who had offered wholesale exemption from the payment of tribute -in order to attract the natives. Anda issued very severe orders to -prevent looting and extortion on the part of his soldiers. Because of -the alliance between the Chinese and the British, Anda was obliged -to take repressive measures against the former. He forbade games of -dice, cock-fighting and card-playing so as to raise the morale of -the natives, to prevent thefts and to encourage law and order. He -prescribed the death penalty for theft. Anda's rule was little less -than a dictatorship, with all the powers of government centered in -himself and in his immediate advisors. [677] - -It has already been pointed out that when Anda's resistance gave -certain assurances of success, the fiscal, Viana, and the oidores, -Galbán and Villacorta, escaped to his capital, attached themselves to -his cause and assumed a share in his government. Anda was willing -to recognize them as magistrates of the audiencia, and as such -they officiated. Villacorta made some trouble for Anda, however, -by claiming the right to act as governor on the ground that he was -Anda's senior in the audiencia. This was generally recognized, but -Anda refused to accede to his demands, and the matter was dropped -for a time. [678] Anda found that his colleagues, Viana and Galbán, -were of the opinion that Bishop Ustáriz was legally entitled to the -office of governor, but there was some doubt in their minds whether -he should be invited at that time to act as governor. Anda consulted -the Bishop of Camarines and that prelate expressed his willingness -to submit to the decision of the audiencia. The Augustinians and -Dominicans were of the same opinion, but the Jesuits and Franciscans - - - told him, that in the then (sic) situation of the islands he alone - could preserve the public tranquillity, and on that account he - ought to retain the supreme authority. This diversity of opinion - was not very gratifying to Señor Anda, and although the troops - were in his favour, he was by no means desirous of having recourse - to violence. [679] - - -Shortly after the death of Archbishop Rojo, Anda received dispatches -informing him that peace had been restored between Spain and England; -[680] at the same time the British received orders to evacuate the -city. Now that Anda's presence in the field as military commander was -no longer absolutely required, a three-cornered fight arose among the -supporters of Villacorta, Ustáriz and Anda. Each of these contenders -was able to advance a reasonable claim. Villacorta was certainly -the senior magistrate, and thus he had a better right legally to the -office than Anda. Ustáriz was bishop of Nueva Segovia and as such, was -entitled to the governorship according to the most recent law. "Anda -had in his favor the circumstance of having defended the islands, -and of having prevented the English from advancing to the northern -provinces; and, above all, he commanded the troops, who were attached -to him, and this served to check the pretensions of the others." [681] - -The arrival of the interim governor, Francisco Xavier de la Torre, -put an end to these disputes. He had been dispatched to the Islands -by the Viceroy of New Spain with the title of teniente del rey -(king's lieutenant), and in accordance with his instructions he -assumed the temporary government on March 17, 1764, which he retained -until the arrival of Governor Raón in July, 1765. Anda's residencia -was taken by his successor, and it was found that the finances of -the colony had been faithfully and honestly administered during his -administration. He was able to account for all of the money taken -from the "Filipino", turning over two million pesos of these funds -to the new governor, accounting for the balance. Anda was recalled -to Spain, where he was presented at court, receiving the personal -thanks of the sovereign. [682] - -Torre's accession to the governorship marks the discontinuance in -the Philippines of the practice of allowing the archbishop to take -charge of the government during vacancies. On no subsequent occasion -in the history of the Islands did an ecclesiastic take over the rule -of the Islands. [683] It would seem that this plan of succession was -abandoned quite generally throughout Spain's dominions, though there -is no instance in which the rule of a prelate ever resulted quite -so disastrously as in the Philippines from 1762 to 1764. Torre's -accession marks the return to the practice introduced in 1608 and -followed from time to time throughout the history of the Islands. - -The audiencia, as a tribunal, concerned itself no further with -the temporary government of the Islands. On September 30, 1762, a -new cédula authorized the appointment of a teniente del rey by the -viceroy of New Spain, and the succession of this official was ordered -in case of a vacancy. This law was repromulgated on two subsequent -occasions, the first time on November 23, 1774, and again on July 2, -1779. [684] The plan of succession which it authorized was followed -quite generally in the subsequent history of the Islands, until the -separation of New Spain in 1821 rendered impossible the appointment of -a teniente by the viceroy. Anda's government was the last occasion on -which the audiencia, in reality or in theory, ever attempted to rule -by its own right, except by association with the teniente del rey, -with whom it acted in the usual advisory capacity, as authorized in -the above-mentioned laws. - -By the Royal Instruction of Regents of 1776, the regent was authorized -to act as president of the audiencia during the absence of the -governor, and in case there were no regent, the senior magistrate of -the audiencia was to take his place. [685] This law was confirmed -by the cédula of August 2, 1789, which ordered that viceroys and -presidents, on going outside of their capitals, "should assign to -the regents the faculties for the dispatch of the most important -and immediate affairs." [686] A subsequent law, dated July 30, 1779, -stated that "these important and immediate affairs" did not include -"the duties and functions of the captain-general." Again, the royal -order of October 23, 1806, [687] commanded that the audiencia should -in no case take control of the government when there was a vacancy, -but that the name of the temporary governor should be contained in -an envelope which was to be opened on the death of the governor, or -on his absence from the district. In case provision had not been made -in this way, it was ordered that the government should be taken over -by the ranking military officer of the colony, if he were higher than -the grade of colonel; if not, the regent or decano should be temporary -president, governor and captain-general, without ceding the exercise -of any of the functions of this office to the audiencia. [688] This -law was suspended by the royal order of July 12, 1812, and by the -decree of November 2, 1834, which ordered that the segundo cabo, or -lieutenant-commander of the king's forces should succeed the governor -and captain-general. [689] It is important to note that these laws -were applicable throughout the Spanish colonial empire. Subsequent -vacancies in the Philippines were filled by military men, and the -audiencia refrained from interference with the government. - -Considering the question in its broadest phases, it cannot be said that -the audiencia administered the ad interim rule with a great degree of -success. This method of filling vacancies in the governorship failed -for a number of reasons. Owing to the divided composition of the -tribunal, the rivalry and personal jealousy of the magistrates and -the perpetual quarrels and struggles which arose as a consequence, -the periods of its rule became wild scrambles for power in which -the strongest survived and reaped all the benefits of office. By -their example, the oidores stimulated others to wrong-doing, and in -their efforts to secure advantages for themselves they oppressed the -residents, Spanish and native, with the burden of their misrule. They -did not scruple to indulge in dishonest practices whenever occasion -offered; indeed, they went out of their way to seek such opportunities. - -Perhaps the gravest defect of the rule of the audiencia lay in -its failure as an executive, owing to the divided character of -its composition. There was much jealousy, but neither unity nor -centralized responsibility. In their governmental capacity the oidores -frequently enacted measures and made recommendations of a statesmanlike -character, although they did not always succeed in enforcing them. The -magistrates were neither experienced legislators nor trained soldiers, -and the latter defect seems to have been a cause of considerable -dissatisfaction, especially among the military classes. These were -naturally jealous of an assumption of military power by lawyers, whose -commands they refused to obey. Nevertheless it must be conceded that -such individual oidores as Morga, Alcaraz, Almansa and Anda acquitted -themselves of their military duties with great credit when called upon. - -The reform which gave the government to the churchmen was designed to -obviate the defects expressed above. It was believed that a prelate -would not be open to so many ventures of a questionable and mainly -commercial character. Moreover, the archbishops in Mexico and elsewhere -had fulfilled the duties of the executive on former occasions with -a fair degree of success. The church was the most powerful, highly -centralized and unified institution in the Philippines at the time -when both the audiencia and the governorship were weakest. The -ecclesiastical authority had repeatedly triumphed over the civil -government, and the former gave promise of being able to control -matters more effectively in the future than the audiencia had done in -the past. The rule of the churchmen did not remedy matters, however, -except that it produced harmony through the exercise of force. During -the rule of the archbishops, with the exception of that of Rojo, the -audiencia was so completely dominated by the ecclesiastical power that -the tribunal could scarcely be considered a factor in the government. - -There were various defects in the rule of the ecclesiastics. Of these, -perhaps the most prominent was their failure to meet the military -requirements of the position. Because of the natural incongruity -existing between ecclesiastical and military duties, they were -obliged to delegate the command of the troops to military leaders, -who thus exercised an influence never realized by them during the -rule of the audiencia. Archbishop Rojo was unwilling to trust the -problem of defense to any other person, though unable to cope with -the situation himself. Hence Anda forced his way to the front because -he was fitted to command and Rojo was not. As administrators and -executives the prelates were as efficient as any others, but they were -never able to reconcile successfully the opposition of the civil, -political, and commercial elements, who were displeased with the -rule of an ecclesiastic. Surprising as it may seem, the government -of a prelate was usually most unsatisfactory to the churchmen and -religious authorities. If the prelate-governor were a friar, his rule -was resented by the members of all the rival orders. If he were a -secular priest, he was opposed by the friars of all the orders. - -The failure of Rojo was enough to condemn the practice of permitting -ecclesiastics to assume the government, but aside from that, there was -a more significant and fundamental reason. The increasing political -authority of the church at that time, both in the colonies and in the -mother country, its widespread and almost irresistible dominance over -temporal affairs, demanded a radical change of policy whereby this -dangerous ecclesiastical power could be checked. The rule of Anda, -though technically based on that law which gave the succession to -the tribunal, was not a typical instance of the government of the -audiencia, nor did that period present all the features of such -a rule. The influence of the audiencia as a body was practically -nil. Anda governed because he was a strong man, not because he was -sole oidor or because he was lieutenant-governor. His government was -virtually a dictatorship, based on military power, but, nevertheless, -just and benevolent. His extra-judicial actions met with the king's -approval, because they were efficient. - -History will show that the Audiencia of Manila assumed temporary -charge of the government because the distance and isolation of the -colony rendered such a course necessary and because it was thought -that the audiencia was best fitted to assume control. The government -by the audiencia in the Philippines was not an isolated incident, -but was typical of the entire Spanish colonial empire. Owing to the -conditions which we have noted, and judged by the standards which -constitute good government, the rule of the audiencia was neither -successful nor satisfactory. Its most far-reaching defect, as far as -the relations of the audiencia and the governor were concerned, lay -in the wholesale exercise of administrative and military functions by -the magistrates of the audiencia. This impaired the quality of their -services as impartial magistrates and contributed in most cases to an -insatiable thirst for power. The magistrates were loath to surrender -the exercise of these governmental activities on the accession of -the succeeding governor, the audiencia displaying a marked tendency -to continue in the exercise of administrative control. This, then, -was a decided cause of strife and dissension between the audiencia -and the governor. - - - - - - - -CHAPTER X - -THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE - - -The audiencia was frequently brought into contact with the -powerful ecclesiastical organization in the Philippines. We have -already referred in this book to some of the notable occasions of -this relationship. Before the establishment of the audiencia the -church exercised an extensive authority in governmental affairs. The -ecclesiastics aided the civil government by administering justice in -the provinces when there were no civil courts. The prelates of the -Islands, the provincials of the religious orders and even the friars -advised the governors and provincial officials on Indian affairs -and the administration of the encomiendas. When the advice of the -church was solicited by the home government as to the advisability of -removing the audiencia, the suggestions of Fray Alonso Sánchez and -Bishop Salazar went far toward bringing about a final solution of -the problem of government in the Philippines. [690] These were some -of the ways in which the influence of the church was impressed upon -the audiencia. - -The creation of an audiencia, with judicial and advisory functions, -put an end to the exercise of these extraordinary powers by the -church and tended to confine its activities to the ecclesiastical -field. Nevertheless, the prelates continued to advise the governors -in administrative matters throughout the entire history of the -Islands. Their influence was especially strong in matters relating -to the natives, their government and protection, and the archbishops -even went so far at times as to give advice on questions of foreign -policy. Most of the time this counsel was solicited and was well -received. From 1650 onwards, as we noted in the last chapter, the -church waxed exceedingly strong in the Philippines and the prelates not -only advised, but dominated governors and audiencias. In 1668, Governor -Diego Salcedo was unseated, imprisoned and exiled by the commissary -of the Inquisition, while a pliant magistrate of the audiencia took -over the government and administered affairs in a manner entirely -satisfactory to his ecclesiastical supporters. The period from 1684 to -1690 showed the weakness of the audiencia when opposed by a powerful -prelate allied to a hostile governor. And in 1719 the church reached -the climax of its power by bringing about the murder of a governor, -and then succeeding him, overcoming every opposing element in the -colony, including the audiencia. From that time onward the prelates -governed during vacancies in the governorship--something which the -audiencia had failed to do. Finally, in 1762, Simón de Anda y Salazar -assumed the reigns of government and the obligations of defense, -an act which was sanctioned technically because he was an oidor but -really because he was an able man, capable of accomplishing what the -church had failed to do. - -In this chapter it is not our purpose to review the historical facts of -the relations of the audiencia and the church or the growth of clerical -influence over the audiencia. These matters have been referred to in -earlier chapters. It is rather the design to study here the influence -which the audiencia, in its turn, exercised in ecclesiastical affairs, -noting whence it derived its authority and what was the nature of -its powers. - -The audiencia was established as the ultimate local authority, -co-ordinate with the governor (or the viceroy in New Spain or Perú), -for enforcing the laws of the royal patronage. [691] Not only was -it authorized to act as a tribunal in these matters, but also to -officiate as an active executive agent. It is clear that although -the governor was the royal vicepatron, he was not expected to act -alone and unsupported in dealing with the powerful and often hostile -ecclesiastical authority. In former chapters of this treatise -attention has been given to the considerations which forced him -to share the duties and responsibilities of government, finance, -commercial supervision, and even military affairs with the audiencia; -the support of that body was even more necessary in dealing with the -powerful ecclesiastical organization. - -The authority which the audiencia exercised jointly with the royal -vicepatron was based upon the law ordering - - - our viceroys, presidents, oidores and governors of the Indies - to see, guard, and fulfill (the laws), and in the provinces, - towns, and churches (in the Indies) to see that all laws and - pre-eminences which pertain to our royal patronage are guarded - and fulfilled, ... which they will do by the best means that may - appear to them convenient, giving all the orders and instructions - necessary to the end that all (the instructions) that we may give - shall be carried out in due form; and we pray and charge [692] - our bishops and archbishops, deans, and ecclesiastical chapters of - the metropolitan and cathedral churches and cathedrals and all the - curates and occupants of benefices, clerics, sacristans and other - ecclesiastical persons, and the provincials, guardians, priors - and other religious of the orders, in so far as it is incumbent - upon them, to guard and fulfill them (the laws and preëminences - of the king) and see them fulfilled and obeyed, conforming with - our viceroys, presidents, audiencias and governors as much as - may be appropriate and necessary. [693] - - -In accordance with this law the audiencia exercised the right of -intervention in practically all matters to which the authority of -the vicepatron extended. Foremost among these were the supervision -and administration of ecclesiastical revenues, the administration -of vacant benefices, the extension of missionary influences and the -construction of churches and monasteries. The audiencia, moreover, -had authority over the reception and installation of prelates, -parish priests, and regulars, and their removal for cause. In all -these matters the audiencia was responsible directly to the king and -made reports thereon; in fact, it may be said that the tribunal, -in co-ordination with the vicepatron, served as a connecting link -between the church in the Islands and the royal council in Spain. - -An analysis of the relations between the audiencia and the church -will show that the tribunal exercised two kinds of ecclesiastical -powers. These may be regarded respectively as executive and -judicial. Although it was in their union that the audiencia exercised -its most extensive and far-reaching power of ecclesiastical control, -it is advisable for several reasons that these powers should be -considered as distinct from one another. They will therefore be -discussed separately in this treatise. In this chapter we shall -consider only the first of these powers--the one which was most -directly concerned with the maintenance of the royal patronage--namely, -the authority which the audiencia exercised co-ordinately with the -governor in the supervision and control of the church in the colony. - -Although there appears to have been no conflict of authority between -the governor and the audiencia over their mutual relations under the -laws of the royal patronage, it is advisable at the outset to settle -one difficulty which may present itself in this connection. Many of -these powers which the audiencia exercised were conferred upon the -vicepatron exclusively. Indeed, a study of the laws alone would suggest -the possibility of a conflict of jurisdiction between the governor and -the audiencia in matters relating to the royal patronage. In actual -practice, however, the governor shared the powers of ecclesiastical -supervision with the audiencia, and their relations were harmonious -in all matters appertaining thereto. Indeed, there is record of fewer -conflicts between the audiencia and the governor in this field of -activity than in any other. - -It would seem that the intervention of the audiencia in ecclesiastical -matters developed in the same manner and for the same reason as -it came to have authority in matters of government, finance and -military administration. The manifest impossibility of the successful -administration of the many affairs of civil and ecclesiastical -government by the governor (or viceroy in New Spain and Perú) -made inevitable the division of power, which, though real, was not -always formally recognized by the laws. The audiencia was the only -body available with which the governor (or viceroy) might share these -responsibilities. Its judicial character, and the talent, training, and -administrative ability and experience (wider than that of the governor -himself) of its members made it the logical institution to which -the executive should naturally turn for advice and assistance. Not -only did he require counsel, but the moral and physical support of a -tribunal of weight and authority was invaluable in dealing with the -united forces of a powerful ecclesiastical hierarchy. This is the -best possible explanation of that gradual assumption of authority by -the audiencia which seems to have been so indefinitely, yet freely -conceded, and which apparently grew up neither in conflict with the -law nor yet entirely in accord with it, but which, now recognized, -and now ignored, was never denied or prohibited. - -The cédula of October 6, 1578, in explanation of the various forms of -address in the expedition of royal cédulas, was designed to make clear -the respective jurisdictions of the vicepatron and the audiencia -in ecclesiastical as well as in other governmental affairs. It -ordered that - - - when our royal cédulas refer in particular to the viceroys, they - alone shall attend to their fulfillment without other intervention; - if they designate the viceroy, or president or audiencia, they - shall all attend to their execution in accordance with the opinion - of the greater part of them that are in the audiencia, and the - viceroy or president shall not have more than one vote like the - rest that may be present, provided that this do not contravene - the superior government which we regularly commit to our viceroys - and presidents. [694] - - -While more than a joint authority with the vicepatron cannot be claimed -for the audiencia, and that authority not necessarily coequal, this -cédula established beyond question the royal intention of recognizing -the audiencia as a support and an aid to the governor. This law -applied to all the affairs of government, not pertaining any more -extensively to the ecclesiastical than to the administrative sphere, -but this cédula, together with what actually happened, may be taken -as evidence that the audiencia was meant to have jurisdiction in -ecclesiastical affairs when royal cédulas granting or assuming the -exercise of such jurisdiction were addressed to it. - -The right of the officials of the civil government to interfere -in questions of patronage was seldom seriously questioned by the -churchmen, although there were some notable instances in which -religious authorities objected to this exercise of power. Bishop -Salazar, in his opposition to the plan of Fray Alonso Sánchez -at the court of Madrid (1593-1595), expressed his disapproval -of the interference of the governor and audiencia in questions of -patronage. His opposition is further attested by several of his letters -and declarations enunciated previous to that time. [695] He admitted -that the civil government, by virtue of the bulls of Alexander VI and -Julius II, should act as the defender and champion of the church, but -he opposed any further participation in ecclesiastical affairs by the -civil power. Salazar's arguments are worth noting because they were -advanced during the formative period of the Islands' history. It was -during his prelacy that the basis of all future relations of church and -state was established. The arguments of Bishop Salazar were repeated -with little variation by Archbishop Poblete in his controversy with -Governor Salcedo in 1665 and later by Archbishop Pardo in 1686. [696] - -In considering this question, the calm and impartial judgment of -a scholar is eminently preferable to the passionate arguments of -a prelate deeply concerned in the outcome of the dispute. Let us -turn from the field of original research to a modern Spanish writer -on church history and law. Fray Matias Gómez Zamora, writing from -the vantage ground of the modern day, characterizes the acts of the -government officials of the earlier era as excessive and unjustified by -papal bull or ecclesiastical canon. He even goes a step farther when he -declares that "many royal decrees and cédulas were wrongfully issued, -without proper basis." He cites examples to prove his contention and -among these he points to the foundation of churches and monasteries by -civil authorities without the confirmation of the prelate, alleging -that such practices were entirely illegal. [697] In like manner, -he criticises the cédulas of October 19, 1756, and of June 24, 1762, -which bestowed upon the governor jurisdiction as vicepatron, [698] -with the right of settling whatever questions might arise. "But," -he writes, "it is clear that the viceroys, the audiencias and the -governors did not have, nor could they have spiritual jurisdiction -over the persons or property of the ecclesiastics, because in no -case can power which is delegated be greater than he to whom it is -delegated." [699] Thus does this distinguished writer attack the -foundation of the entire institution whereby Spain controlled the -church in her colonies during a period of three hundred years. - -Notwithstanding the fact that the governor was the civil head -of the church in the colony, it would be possible to fill this -chapter completely with quotations of laws which were addressed -to the audiencia in recognition of its right of intervention -in ecclesiastical matters. The necessity of reserving space for -specific cases illustrative of history and practice permits only a -scanty summary of the most important of these laws. In practically -all these cases the audiencia participated conjointly with the -vicepatron. The interposition of the audiencia was authorized in -the calling of provincial councils and synods, and the resolutions -of these bodies had to be examined by the viceroys, presidents, -and oidores to see that they were in accordance with the laws of -the royal patronage. [700] The audiencia was empowered to examine -all papal bulls and briefs and to suspend those which had not been -properly authorized by the Council of the Indies. Disputes between -prelates and arguments of churchmen based on bulls and briefs were -to be referred by the audiencia to the Council of the Indies. The -audiencia was authorized to enforce all properly authorized bulls -and briefs and to exercise care that the ecclesiastical courts were -granted their proper jurisdiction in accordance with canon law. [701] - -The audiencia was authorized to enforce the law which forbade laymen -to trade with priests. Punishment in the latter case was not meted -out by that tribunal, but the offending churchmen were handed over -to the prelates. [702] The audiencia, viceroy, and governors were -commanded to exercise supervision over the prelates and provincials, -receiving from the latter annual reports on the state, membership, and -progress of the religious orders and the work performed by them, which -information in turn was forwarded to the Council of the Indies. [703] -All possible assistance was to be furnished by the audiencia and -governor to missionaries remaining in the Philippines or going to -Japan. [704] The governor and audiencia were ordered to supervise -closely the work of ecclesiastical visitors in the provinces, -exercising special care that the natives were not imposed on or -abused. The oidores were prohibited from interference with the internal -government of the religious orders. [705] Members of orders could not -usually be removed by their provincials without the consent of the -vicepatron and the audiencia, the authority of the latter extending to -the removal and exile of offending priests. [706] The audiencia was -ordered to make every possible effort to preserve harmony among the -religious and to adjust all differences arising between the orders, -or within them. [707] The tribunal was authorized to keep prelates -from exceeding their authority in passing judgment on erring priests, -especially to see that no punishments were imposed such as would -interfere with the prerogatives of the civil government. [708] - -The following brief summary of laws of the early period, although -possibly repeating data already given, shows the extent of the -participation of the audiencia in the regulation of ecclesiastical -affairs: [709] - - - All ecclesiastics holding office were first to gain the recognition - of the viceroy, president, audiencia or whatever authority might - be in charge of the province. - - A list of the members of each order was to be furnished by their - provincial to the governing authority. Any changes subsequently - made in the membership of the orders had to be reported in the - same way. - - The names of all religious teachers were to be submitted to the - audiencia, governor or other authority in control, for inspection - and approval. - - The audiencia was instructed to inform itself relative to the - efficiency of the clergy and of religious teachers working - among the Indians, and to see that those lacking in educational - qualifications or in general capacity were not permitted to enter - the Islands. [710] - - Notices of removals or of new appointments made among the - clergy were to be sent to the governor, audiencia, and to the - bishop. [711] - - -The jurisdiction of the audiencia under the royal patronage extended -to practically all classes of churchmen and church affairs. [712] By -the cédulas of August 4, 1574, and of October 25, 1667, the audiencia -acquired the right of passing on the credentials of prelates who came -to the Islands. That tribunal was entrusted with the duty of seeing -that bishops and archbishops carried with them the duly attested -confirmation of the Council of the Indies, and no prelate was allowed -to leave the Islands unless he had the permission of the governor or -audiencia. [713] The tribunal exercised a check on the governor in this -particular and saw to it that in granting this permission he did not -show favoritism or otherwise violate the laws of the royal patronage. - -Two striking illustrations of the audiencia's jurisdiction over the -inspection of the credentials of the prelates and higher churchmen -occur in the history of the Philippines. In 1674, Francisco de Palóu, -a French bishop who had been engaged in missionary work in China, -was cast upon the shores of the Philippines. The audiencia immediately -dispatched orders for his detention, and he was not permitted to return -to his district on the ground that his presence and jurisdiction in -China constituted an encroachment on the rights of Spain. China had -been conceded to Spain by Alexander VI, and by virtue of the royal -patronage, the right of making ecclesiastical appointments and the -exercise of jurisdiction there were prerogatives belonging to the -Spanish crown. [714] - -A similar case occurred in 1704, when Archbishop Tourón, a French -delegate destined for China, arrived in Manila. He was received by -the governor and audiencia, as he bore a legally executed commission -from the pope for the visitation of all the churches in the Orient, -and for the settlement of all ecclesiastical controversies which had -arisen there. The royal acuerdo considered that the dispatches and -credentials which he carried were in accordance with the law. Tourón -was accordingly permitted to set up an ecclesiastical court. He -suspended Archbishop Camacho from his office and freed from prison -some of the worst criminals in the Islands. He ordered the regulars -to submit to diocesan visitation; but they refused to obey him since -they had already rejected the efforts of the archbishop to enforce -the principle. The Council of the Indies ultimately disapproved of -the admission of this foreign ecclesiastic without the authorization -of the Spanish government [715] and as a consequence ordered the -removal of the governor and senior oidor, heavily fined the remaining -magistrates and reduced Archbishop Camacho to the position of Bishop -of Guadalajara. [716] - -In its joint capacity as assistant to the vicepatron and as a high -court with jurisdiction over ecclesiastical cases, the audiencia -settled disputes between rival claimants to positions of authority -in the church, particularly to the position of archbishop. The law -which had been in force up to 1619 prescribed that the ecclesiastical -chapter should fill the vacancy with a temporary incumbent, but some -effort had already been made to have the senior bishop succeed to the -post. Bishop Arce of Cebú was opposed to this plan on the ground that -each prelate had more than he could do in the proper administration -of his own bishopric. [717] Nevertheless it may be noted that on -January 22, 1630, Arce was made acting archbishop of the metropolitan -see of Manila by virtue of the acuerdo of the audiencia and the -vicepatron. [718] Arce's accession to the post was in accordance with -a papal bull which had been promulgated with the king's approval at -some date between 1619 and 1630. There had been a three-cornered -fight between the ecclesiastical chapter, the Bishop of Cebú, and -the Bishop of Nueva Segovia, and this conflict had been settled -by the acuerdo in favor of Arce, while the chapter appealed to the -Council of the Indies. When Guerrero, the new appointee, arrived, he -immediately laid claim to the office, which Arce refused to surrender -on account of an irregularity in the archbishop's appointment. Arce -appealed to the audiencia, but the tribunal refused to authorize -any innovations. [719] In a statement to the king, dated October 17, -1655, he related that in 1629 the governor and audiencia had solicited -that he come to Manila and take the place vacated through the death -of Archbishop Serrano. This would seem to indicate that the audiencia -had acted solely on the basis of its authority derived from the royal -patronage, but in settling the dispute among the various ecclesiastical -authorities it also acted judicially. Guerrero's credentials finally -came, apparently executed in the proper form and they were referred -to the audiencia by the governor. The tribunal, when it had satisfied -itself that the commission was valid, placed thereon the stamp of -its approval and accepted Guerrero as archbishop. Then the latter, -in the words of Governor Corcuera, presented himself "in the royal -court of justice (the audiencia) before which he appeared to be -presented [to his see], he swore upon the gospels not to interfere -with your Majesty's jurisdiction, to respect your royal patronage, -and to be always your royal vassal." [720] In other words, he took -his oath of office as archbishop in the audiencia. - -The above may be considered as a typical case of the temporary -designation of a prelate for the archbishopric of Manila by the -audiencia. To cite further instances of a similar nature would be -unnecessary. The tribunal continued to inspect the credentials of -bishops and archbishops before they were admitted to their posts -throughout the history of the Islands. This practice was followed -even during the period from 1660 to 1762 when the church counted -for more as a political institution than either the audiencia or the -governor. [721] - -The audiencia exercised intervention in the removal of curates from -their parishes. [722] As noted, already, these removals were made by -the vicepatron upon the recommendation of the prelate concerned. Of -course, when the audiencia was governing ad interim it made these -removals itself. It also intervened when the vicepatron was present -on occasions when he requested the support of the tribunal or failed -to act himself. The judicial authority of the audiencia, exercised -through its entertainment of appeals from curates who had been removed, -will be considered in the next chapter. - -A great many reasons for removals were purely ecclesiastical, such -as questions of the private lives and conduct of priests and friars -and their insubordination and non-compliance with ecclesiastical -or monastic rules. With these matters the audiencia did not concern -itself unless deportation was involved, or the offenses of the priests -constituted crimes against the civil government. There is record of -many removals from curacies because of infractions of the marriage -laws by priests, such, for instance, as uniting heathen Chinese with -Christian women, which was a violation of the pragmatic law of March -23, 1776. Such cases, and indeed all which had to do with removals -from curacies after 1795, were settled by ecclesiastical tribunals -with appeal to the papal delegate, without the intervention of the -audiencia. [723] - -The operation of the removal of regulars for cause was slightly -different. Unless the regular was the holder of a parish and subject -to episcopal visitation, the prelate had no jurisdiction over him, -and neither the governor nor the audiencia could interfere in the -matter, unless such intervention was requested by the provincial. [724] -When the deportation of regulars not holding curacies was decreed, -the consent of the vicepatron or audiencia, acting for him, was -necessary. This was usually given on the recommendation of the -provincial, and the exile accordingly became an act of the civil -government. The formal consent of the Council of the Indies was -necessary for all deportations of this character, but the complete -exercise of this prerogative gradually devolved upon the vicepatron, -who notified the Council of the act. [725] - -The crimes of priests or ecclesiastics against the law and order of -the realm were punishable in the same manner and by the same agency -as the simpler violations of ordinary subjects. Attention has already -been given in another part of this treatise to a case in which the -audiencia, in 1617, tried and punished six Augustinian friars who had -been convicted of murder. [726] Their guilt was first ascertained by -a preliminary investigation within the order, after which they were -handed over to the audiencia. - -The statement has been made above that the audiencia was not allowed to -interfere in the internal régime of the convents or monasteries. [727] -However, when the provincials of the orders were unable to keep -the friars in subordination they frequently called upon the civil -government for support and assistance. This was done in 1715 when the -Castilian Recollects rebelled against their provincial, incorporated -themselves into a separate chapter, and entrenched themselves in -the convent at Bagumbayan, outside the Manila wall. Oidor Torralba, -then acting as governor and vicepatron, came to the support of the -provincial upon appeal. He cannonaded the recalcitrants, arresting -and imprisoning them on their surrender, and finally banished their -leaders. [728] On this same occasion, it may be noted, the provincial -solicited the aid of the archbishop, whose interference the rebellious -friars had resisted as an attempt at episcopal visitation. - -The disciplinary jurisdiction over priests and friars referred to -above suggests a similar authority which the audiencia exercised over -the prelates. Within the period of one year after the installation of -Archbishop Guerrero at Manila in 1636, the governor, with the support -of the audiencia, had banished this same prelate and his ecclesiastical -provisor, [729] condemning the former to pay a fine of 2000 ducats. The -governor contrived also to influence the judge-conservator [730] -to pronounce a ban of excommunication upon them both, in return -for a like censure that had already been passed on the governor by -the prelate. [731] The banishment of Archbishop Poblete by Governor -Salcedo and the audiencia prior to the arrest of that governor by -the commissary of the Inquisition, the exile of Archbishop Pardo in -1684, and the imprisonment of Archbishop de la Cuesta by Governor -Bustamante and the audiencia in 1719, are incidents in the history -of the Islands which serve well as illustrations of the disciplinary -and coercive jurisdiction of the vicepatron and audiencia over the -churchmen. These events need only be referred to here, as they have -already been discussed in relation to other phases of the history of -the audiencia. - -As visitors of the provinces, the oidores were required to inspect -the ecclesiastical work of the parish priests and to note their care -and treatment of the Indians. [732] In the exercise of these duties -they were protected by a law which forbade prelates to proceed against -them with censures while they were carrying on such investigations. Le -Gentil, the noted French traveller, who visited the Islands during -the middle of the eighteenth century, testified that the oidores -did not fulfill their duty with great faithfulness. Le Gentil stated -that on account of their dependence on the hospitality of the priests -when travelling from place to place in the provinces, the visitors' -inspections were merely perfunctory and of little value. [733] - -The above testimony is not corroborated, however, by the report of -Oidor Francisco Guerela who was sent to Camarines in 1702 to take -account of tribute and to inquire into the state of the encomiendas. He -reported that in the curacies which were administered by the -Franciscans there was an entire absence of religious instruction, -the natives were mistreated, and they were permitted to continue in -idolatry, drunkenness, and superstition. Neither the priests nor the -alcaldes mayores exerted any uplifting or civilizing influence. The -alcaldes mayores, it was alleged, connived with the priests to -defraud the natives by the imposition of excessive tribute and by the -exaction of all sorts of fraudulent ecclesiastical tithes. The oidor -in this case sought to remedy this state of affairs by dispatching -reformatory edicts against the friars, and by posting notices and -copies of royal decrees and cédulas designed to inform the natives -of their rights under the law and to warn them against the imposture -of the friars. Whereupon the Franciscans appealed to the Bishop of -Camarines and persuaded him to excommunicate the oidor on the grounds -that he had usurped the ecclesiastical jurisdiction. This appeal to -the papal delegate was in direct violation of the cédula mentioned -above, protecting such visitations against ecclesiastical censure. The -oidor appealed to the audiencia and that body solicited the prelate -by ruego y encargo to remove his censures. The audiencia would go no -further, however, as two of the magistrates were personally hostile -to Guerela, hence the oidor was obliged to remain in the provinces at -the mercy of the friars. After six months of isolation, Guerela, who -was broken in health, sent an appeal for aid to the king on June 20, -1702. This memorial embodied a full account of his attempts to make -necessary reforms in the provinces subject to his visitation. [734] It -was presented to the Council of the Indies on October 14, 1706. [735] -Three observations might be made from this incident. First, there was -little vigor, promptitude, or effectiveness in the Spanish judicial -system as therein exemplified. It took four years for this petition to -be presented to the Council and considerably more time for an answer -to be made. Secondly, this affair shows to what extent petty spite -and private quarrels interfered with good government and efficient -administration. Thirdly, it illustrates the fact that the entire -civil government, including the audiencia, was very much under the -domination and influence of the ecclesiastics. - -An inspection which was similar to that just described was made -by Oidor José Torralba, in 1713, in the provinces of Albay and -Cebú. Torralba was unable to complete his work, owing to his recall -to Manila, where he was obliged to resume his place in the audiencia -on account of the insufficient number of magistrates present in the -tribunal. It seems that in the provinces subject to his visitation, -the former charges of the Franciscans had been turned over to the -seculars, most of whom were natives. Torralba reported that under -the careless and incompetent administration of the parish priests, -the churches had gone to ruin and all Indian instruction had been -abandoned. In his report he commented unfavorably on the stupidity and -immorality of the native clergy, alleging that in them lay one of the -causes of the poverty and degradation of the people. He recommended -the restoration of the regulars. [736] Torralba's recommendations -were not followed. Either because of his hurried departure from -the provinces where he left his work unfinished, or because of the -disinclination or lack of authority of the audiencia and vicepatron, -no definite steps were taken at this time for the amelioration of -the condition of the people or for the reform of the clergy. - -That the interests of the friars were vigorously and effectively -championed at the court is evidenced by the royal decree of June -14, 1714, which was dispatched not alone to the Philippines, but -which was made general in Perú and New Spain. [737] It forbade the -governors and audiencias using their authority as vicepatrons to -justify their interference with the interior administration of the -convents and monasteries of the orders, which it was complained they -were doing without authorization. This decree particularly emphasized -the principle which has already been set forth in this treatise that -the vicepatrons and audiencias should not concern themselves with -the discipline and punishment of friars not holding curacies. The -promulgation of this decree was brought about as a result of the -efforts of the commissary of the Franciscan order in Madrid. - -Not only were the oidores required to inspect the work of the parish -priests, but the audiencia, in the exercise of the royal patronage, -was authorized to receive, assist, and supervise the ecclesiastical -visitors who came from Spain or Mexico, or were designated from the -ranks of the local clergy to inspect the orders. [738] These visitors -were also authorized to inspect friars who were in charge of parishes, -[739] and when on these tours of inspection they might be accompanied -by the prelate in charge of the curacies retained by the friars -under inspection. The audiencia was to co-operate in all possible -ways with these visitors, and should any question arise between them -and a prelate over jurisdiction, the tribunal was to do everything -possible to bring about a harmonious adjustment of the points of -difference. This is illustrated by a case which arose in 1776, when -Fray Joseph Pereyra was given a royal commission to make a general -investigation of the Augustinian order in the Philippines. Fiscal -Andrade of the audiencia demanded that Pereyra should submit all -his documents for inspection on the basis of the royal patronage -and other laws, [740] but the audiencia, under the presidency of -Governor Anda, refused to support the fiscal. The king, on April 6, -1778, rebuked the audiencia for its failure to support the royal -patronage, citing two cédulas, those of July 2 and of October 14, -1773, respectively, in which he had already admonished the vicepatron -in that particular. [741] The failure of the audiencia and governor -to exercise all their prerogatives in support of the royal patronage -on these various occasions can probably be attributed to dissensions -within the tribunal and to the corrupting influence of the church. - -The statement has frequently been made in this treatise that the -audiencia served as a connecting link between the court and the -colony. It constituted a channel through which a large amount -of correspondence was carried on, and one of the duties most -frequently required was that of furnishing special and regular -reports and informaciones [742] on various subjects connected with the -church. [743] Notwithstanding the vast number of ecclesiastics present -in the colony, who could and did make special and regular reports, -and were indeed required to make them, the audiencia was frequently -called upon to render reports on precisely the same subjects as those -covered by the churchmen. In this way points of view other than -the ecclesiastical were obtained. Thus the advice of magistrates, -lawyers and men in active touch with the government served to temper -ecclesiastical opinion in the same way that the advice of prelates -exercised an influence on matters purely governmental. Taking into -consideration their position in the colony, the oidores were better -qualified to obtain and impart information concerning the church than -most authorities. - -To indicate the vast field of special subjects in which the oidores -were required to report, various instances may be mentioned. On July -1, 1598, the king desired information concerning the alleged need of a -greater amount of space on the galleon for the support of the bishopric -of Nueva Segovia. The archbishop and the bishop of that diocese had -both recommended that more cargo-space be given to the church. The -king desired to know whether, in the opinion of the oidores, the -privilege of shipping two hundred tons would be sufficient for the -needs of the bishopric in question. [744] Again, on December 7, 1610, -the audiencia was called upon to forward to the Council of the Indies -evidence bearing upon a dispute between the natives of Quiapo and the -Jesuits over lands claimed by the latter society. [745] On another -occasion the king requested of the audiencia a report concerning the -work, deserts, and financial condition of the convent of Santa Clara, -which had asked for royal aid. [746] Frequently the audiencia was -called upon to take a census of the number of priests, secular and -regular, in the Islands and to report on the size of each order, the -number of friars holding secular curacies in each, and the number of -missionaries. [747] It came to be its regular duty to furnish these -reports at stated intervals, and when, for some reason, it failed -to render them, a royal reprimand was forthcoming. A yearly report -was also made on the number of friars entering the Islands, how many -had gone to China, the number of souls ministered to by each order, -how large was each province, and how many people there were in each -curacy. [748] - -It is interesting to know that the churchmen were also held responsible -for this information and that reports on these same subjects were -required of the prelates and provincials. [749] It is evident that -the report of the audiencia was utilized as a check to prevent -misrepresentation on the part of the friars, especially since it was -always the object of each order to prove that it was over-worked and -in urgent need of more members. As friars were sent to the Islands -at the royal expense, [750] and as they were supported after their -arrival by the royal treasury, the exercise of economy was always -desirable. On the other hand, it was to the interest of an order to -make its requirements and accomplishments appear as great as possible. - -Another function which the audiencia came to exercise by virtue of -its authority in behalf of the royal patronage was that of general -supervision over the colleges and universities. In the laws of -the Indies this duty was imposed upon the viceroys and governors, -[751] and nothing was said of the authority of the audiencia in -that particular. According to the laws of the Indies, in fact, -the audiencia had little jurisdiction or authority over colleges, -universities and seminaries, but as the administration of these was -entirely in the hands of the church, the audiencia came to exercise -much the same authority over education that it did over other -church activities. [752] Oidores and fiscales were forbidden to act -as rectors, but they might participate in the law examinations to -satisfy themselves whether the standard of instruction in the royal -universities and colleges was sufficiently high, and whether the -education, training and ability of candidates for the licentiate's -degree gave evidence of their fitness. [753] According to the royal -decree of November 27, 1623, the University of Santo Tomás was founded -in the Philippines with the advice of the governor and acuerdo of -the audiencia. [754] Here again that tribunal may be seen in the act -of assuming non-judicial functions which primarily belonged to the -governor through the unwillingness or inability of that official to -act alone. - -The audiencia early exercised advisory powers in educational -affairs. The Jesuits as early as 1585 had requested permission to -found and establish a college or seminary in Manila, and the king, -on January 11, 1587, requested of the audiencia a report on the -general conduct, progress and accomplishments of the Jesuit order, -asking in particular what benefit would accrue from the establishment -of a Jesuit college in Manila. The audiencia, in its report of June -25, 1588, characterized their work as very effective, the learning -and ability of their personnel remarkable, but in the opinion of the -oidores there was scarcely any need of a college in Manila at that -time, and there were no means of supporting one. [755] - -When Santo Tomás became a royal university in 1648, the Jesuits were -obliged to sue in the audiencia for the right to continue the bestowal -of academic degrees. Their request was denied by the tribunal, but -the decision was reversed by the Council of the Indies in 1653. [756] -On May 3, 1722, San José was made a royal college and was subjected -to the visitation and patronage of the audiencia. In 1769, when the -Jesuits were suppressed, an attempt was made to continue San José as -a secular institution under the supervision of the audiencia. This -brought forth such determined opposition from the Dominicans and -from the friends and supporters of Santo Tomás that on June 30, -1778, a cédula was issued ordering the audiencia to close San José -and hand over all students in attendance there to the archbishop, so -that they might be placed in secular colleges and seminaries. [757] -This was done, and the audiencia rendered to the Council of the -Indies a report on the administration of the finances pertaining -to the transaction. The revenues derived from all unsold properties -belonging to the Jesuits were included in the temporalities, and the -income from these were transmitted to the royal treasury. Subsequently -the archbishop attempted to assume jurisdiction over these Jesuit -properties and funds, and to this the audiencia objected. In 1784 -the matter was finally settled by the decree of the king in answer -to an appeal which had been carried by the prelate from the audiencia -to the Council of the Indies. He sustained the audiencia and forbade -the prelate from interfering with these temporalities. - -The Dominicans were more successful in the maintenance of an -educational institution. [758] On the occasion of the extension of -the charter of the University of Santo Tomás on May 17, 1680, the -king ordered "my president and the auditors of my Audiencia of that -city, and request and charge the archbishop of the city, the bishops -of the said islands, the ecclesiastical and secular cabildos, the -superiors of the orders, and any other of my judges and justices," -... to acknowledge the University of Santo Tomás as a beneficiary of -the royal patronage. Its title was formally extended on June 21, 1681, -by act of the audiencia. [759] The tribunal not only exercised the -right of patronage over the Dominican university, but also over the -College of San Juan de Letrán, a seminary for boys which was founded -in 1640 and maintained by the Dominicans as an adjunct to Santo Tomás. - -Reports, recommendations, and informaciones exist in abundance to -prove that the audiencia exercised considerable influence in the life -and history of these institutions. The tribunal celebrated acuerdos to -improve the instruction in mathematics, physics, law and medicine. It -provided for the examination of students, passed on their credentials, -made regulations for the bestowal of degrees and decided upon the -fitness of prospective teachers. [760] It supervised the records -of these institutions, audited their finances and sent reports to -the king and Council concerning the work of the universities and -colleges. In its jurisdiction and authority over these educational -institutions the audiencia served in behalf of the sovereign as his -royal tribunal. These were royal universities, endowed with special -royal charters and privileges and it was fitting that they should -be controlled by the royal audiencia in the king's name. In addition -to this, as they were administered by the church, the audiencia and -the vicepatron exercised joint control over them, in the name of -the royal patronage in the same manner that they supervised other -ecclesiastical activities. - -As we have already noted, the audiencia exercised jurisdiction over -matters of church finance. The most notable examples of its control -may be seen in the administration of tithes, [761] the funds of -temporalities, obras pias, funds of the Crusade, and espolios of -the prelates. - -The audiencia was authorized to guard the royal interest in the matter -of the collection and the administration of tithes, particularly with -a view to seeing that over-ambitious churchmen did not obtain more -than their share, and that in the collection of the tithes they did -not oppress the natives. The special care of the oidores was to see -that tithes be not paid directly to the prelates. [762] In fact, -these funds were to be administered by the civil government, and -prelates were not to be allowed to interfere with their collection. No -changes were to be made in the authorized manner of collecting these -funds on the responsibility of colonial officials. Recommendations -for reform should be made to the Council of the Indies either by -the prelate or by the audiencia. [763] The audiencia was ordered to -see that the proper division and distribution of tithes were made, -and that the two-ninths of the gross sum collected was duly set aside -for the crown, in accordance with the law. [764] - -Further evidence that the audiencia was regarded as the instrument -of the royal will in these matters is afforded by the circumstances -leading up to the reforms of 1768 and 1786; and it should be noted -particularly that the king and Council relied on that tribunal -for advice and assistance in the drafting and execution of these -measures. A number of tentative laws and proposals for changes in the -system of collection and administration of the tithes was sent to the -audiencia, from time to time, prior to 1768, and the magistrates were -required to submit opinions as to the availability and applicability -of the proposed measures. In 1768 a decree was issued fixing the -tithe at ten reales per Indian. Previous to that year a number of -religious orders owning large tracts of agricultural land had refused -to pay these taxes, and the audiencia, by virtue of the royal order -of September 25, 1768, was ordered to enforce the law, which it did, -even proceeding to the seizure of the chattels of the recalcitrant -friars. [765] On December 11, 1775, the audiencia passed an ordinance -diminishing the tithes to be paid by natives, mestizos, Chinese -and Japanese by one-half real per person. [766] On July 12, 1778, -the king asked the audiencia to submit evidence on the question of -whether the law worked any hardship on the inhabitants of the colony, -and whether encomenderos and friars were paying their share. [767] -At the same time, and on the same date, the royal approval was given -to the auto which the audiencia had enacted on December 11, 1775. The -recommendations of the audiencia were also largely followed in the -decree of January 20, 1786, which was merely a repromulgation of an -earlier auto of the audiencia, which ordered that tithes should not -be collected directly from the Indians unless the latter were owners -of lands. Otherwise they were to be collected from the landlords. [768] - -By subsequent laws the audiencia was temporarily deprived of -its jurisdiction over tithes. When the Philippine government was -reorganized in 1787 by the Ordinance of Intendants, many of the special -commissions which had been previously retained by the magistrates were -ceded to the superintendent of real hacienda. The actual collection -of tithes was made the duty of the superintendent by cédula of October -6, 1792, [769] but because of its relation to the royal patronage the -audiencia, in practice, found it convenient to retain control. Governor -Aguilar, who was also superintendent of real hacienda, wrote to the -king on July 31, 1799, [770] alleging that there was no reason why -the audiencia should exercise this authority, when, by virtue of its -financial nature, this duty belonged to the superintendent. He stated -that the audiencia had been given this jurisdiction when there had been -no other authority for the collection of tithes, but that as it was -not a controversial matter, there was no reason for the continuance -of this condition. In the letter referred to Aguilar stated that he -had attempted to put his interpretation of the law into execution, -but in so doing had been opposed by the audiencia. The answer to this -appeal does not appear in connection with the original, but the royal -cédula of April 21, 1803, restored to the audiencia jurisdiction over -the collection of tithes. [771] - -It may be said, however, that with the creation of the superintendency -the audiencia was shorn of many of the miscellaneous functions with -which it had been formerly endowed. The funds of the temporalities, -however, did not come under this category. They were greatly augmented -in 1767 when the Jesuits were suppressed, and as was usual with such -miscellaneous and unclassified duties, as well as on account of the -audiencia's relation to the royal patronage, the administration of -these funds came under the charge of an oidor whose official title was -"administrator of the funds of the temporalities." [772] - -Nevertheless, the audiencia's share of direct control over these -funds was still considerable. On January 23, 1803, a cédula was issued -ordering that the money of the temporalities and obras pias should be -put at the disposal of the acuerdo of the audiencia. [773] A report -was submitted to that tribunal by Superintendent Aguilar on July 20, -1804, in accordance with this cédula. The report of Aguilar showed -a balance on hand of 151,625 pesos waiting to be sent to Spain -by the first transportation. In 1809, the jurisdiction of these -funds was completely restored to the audiencia, with the provision -that the oidores who acted as their administrators should receive a -three per cent commission. As the funds were constantly drawn upon, -and there were no further confiscations of property of this sort, -they can be accounted as of little importance, yielding practically -no revenue from that date. Owing to the continual appeals of the -government for money with which to defray the expenses of putting -down the various insurrections from 1808 to 1814 and subsequently, -the funds of the temporalities, like every other peso that came into -the treasuries of the colonies, were sent to Spain as rapidly as they -were collected. [774] - -The audiencia also audited the accounts of the obras pías, though -its jurisdiction over these funds was often opposed. [775] The chief -foundations of the obras pías in Manila were the Santa Misericordia -and San Juan de Diós. The wealth and power of the Misericordia became -so great, [776] and so well did it profit by the various immunities -extended to it, that by the early part of the eighteenth century -it had become the object of the distrust and envy of all classes of -Manila society. It was chiefly disliked because it had been permitted -to utilize so much free space on the galleon. Other inconveniences -had arisen from its participation in trade, wherein, possessed of so -many advantages, it was enabled to derive profits and benefits that -were denied to competing merchants in the colony. Complaints were made -against it by certain religious orders, merchants, treasury officials, -oidores, and the governor, himself. It was the consensus of opinion -among these that the accounts of this society should be inspected -by the government, and, in accordance with these recommendations, -a cédula was expedited, ordering the society to submit its accounts -to the audiencia for inspection and approval. [777] - -The suspicions of the general public were confirmed, and the popular -distrust increased when the inspection of Oidor Calderón revealed -that the finances of the society had been carelessly kept, and that -the books contained numerous discrepancies. The scrutiny of the -oidor showed the existence of a deficit of 383,437 pesos; that is, -the records called for property in the hands of the society to the -value of that sum which could not be found. The Misericordia, in a -series of protests, accounted for the discrepancies by alleging that -the audiencia had declared many of its debtors bankrupt. Relief from -the inspection was requested on the grounds that the local feeling -and the prejudice of the oidores would cause them to be unfair to the -society. It pleaded that the inspection should be made by the chief -accountant of the Council of the Indies (contador de cuentas) once -in five years. In this request it was supported by the recommendation -of this official. [778] - -On April 19, 1755, the cédula of November 9, 1747, was modified on -the basis of these protests, and in lieu of the annual inspection of -the oidor was substituted the requirement that once in three years the -Misericordia should submit its own accounts. [779] This brought forth -a storm of protest from the residents of Manila, headed by Governor -Arandía, who went to some length to describe the abuses which had -arisen in the past from the unrestricted liberty which the Misericordia -had enjoyed. He accused the society of dishonest political practices, -interference with the government, bribery and corruption. He said that -behind its commercial operations there existed a veiled scheme by which -the church was seeking to monopolize the trade of the Islands. [780] -The opposition of the governor and residents bore fruit to the extent -that a compromise was made in the royal cédula of February 21, 1759, -which restored the practice of having oidores inspect the accounts of -the Misericordia, though the examination was to be held only once in -five years. This, of course, was sufficiently lenient to defeat the -entire scheme. Oidores were forbidden to interfere with the property -of the society at any other time and in any other manner. [781] - -The Misericordia maintained a stubborn and vigorous resistance to -the principle of visitation by the audiencia, but as far as may be -judged by the data at hand, the law was not changed again, and the -audiencia continued to exercise supervision. That the audiencia was -prone to overstep its authority in the matter of these inspections -is shown by an incident which occurred in 1776-1777. In the regular -quinquennial inspection of the records of the Misericordia a number -of abuses were uncovered. The funds were found to have been carelessly -administered, and the books inaccurately kept, owing to the negligence, -incapacity, and corruption of the members to whom the funds had been -entrusted. Governor Sarrio, as vicepatron, appointed Oidor Calderón -as receiver and administrator of the funds, with the charge that the -oidor should suspend all payments until the accounts were straightened -out. The Misericordia protested and on April 25, 1778, the king ordered -the governor and audiencia to desist from further interference with -the funds of the society, the royal disapproval being based on the -cédula of February 21, 1759, which, while authorizing the inspection -of the books of the society, forbade any minister "to interfere with -or interrupt said House in the administration or distribution of its -funds." [782] - -The cédula of February 21, 1759, was reaffirmed on repeated occasions -when the Misericordia refused to submit its books to the audiencia. The -last law touching upon this particular question was promulgated on -August 2, 1787, when it was decreed that the accounts, books, records, -and work of the Misericordia and its officials should be subject to -the inspection of the audiencia. [783] - -Not only was the opposition of the Misericordia a source of dispute -between that society and the audiencia, but the matter of financial -inspection caused disputes between the audiencia and other officials -and departments of the government. The reforms of 1787 made trouble -between the superintendent and the audiencia. Since this was a -financial matter, the former claimed the right of auditing these -accounts, which the audiencia refused to concede for the reason that -it had always had supervision over these funds (when the right was -exercised by any secular authority). The question was definitely -settled by the cédula of January 22, 1803, which ordered that "the -money of temporalities, pious funds, and charitable societies should be -put at the disposal of the acuerdo, and that if any matters relative to -those branches were then pending before the superintendent, they should -be remitted at once to the audiencia." [784] This was accordingly -done by Governor (and Superintendent) Aguilar, [785] and after that -time the jurisdiction of the audiencia was no longer questioned. - -Shortly after the establishment of the consulado of Manila in 1769, -a bitter dispute arose between that body and the audiencia for -jurisdiction over cases involving the commerce of the Misericordia. On -the basis of the cédula of July 8, 1774, the consulado claimed -exclusive jurisdiction over all disputes involving trade which arose -between merchants. It advanced the contention that in all suits -involving losses of galleons the society should be considered in the -case of an individual merchant. The audiencia, basing its claims on the -royal patronage, declared the consulado to have exceeded its powers, -in assuming the jurisdiction described above, and fined several of -its members. The consulado appealed the case, and in reply the king -promulgated a cédula on June 7, 1775, declaring that neither to the -audiencia nor to the consulado belonged the jurisdiction over such -cases, but that they should be tried in first instance by the Council -of the Indies. [786] The reasons assigned for this decision were that -the consulado could not try such cases because merchants constituted -its membership and because the fiscal and two oidores also belonged to -its tribunal. Neither the audiencia nor the consulado, accordingly, -could impartially try commercial suits between merchants and the -Misericordia; accordingly thereafter all evidence should be submitted -to the Council for special action. - -The audiencia and the governor had supervision over espolios and vacant -benefices. [787] When a prelate entered into office it was his duty to -file with the fiscal an inventory of all properties belonging to him -at the time of his advent to the diocese. [788] On the occasion of his -death a treasury official was designated to estimate and administer -the property left, pay the debts of the deceased churchman, execute -his will with regard to his property in accordance with the law, -and turn over the residue to the royal treasury. This process was -known as taking the espolio. - -The espolio of a deceased prelate was taken, according to the early -laws, by an official of the royal treasury, who was designated by the -president for the purpose, and who officiated under the supervision of -the audiencia. The tribunal verified the autos and substantiated the -proceedings of the agent. [789] Whether any modifications in the manner -of collecting, distributing or accounting for the funds or properties -derived from these espolios were made elsewhere is not clear, but -in the Philippines the abuses which arose in the settling of these -ecclesiastical estates and benefices made the personal intervention -of the oidores necessary on a number of occasions. By royal cédula -of June 23, 1712, it was ordered that in all the audiencias of the -Indies the magistrate next in rank to the senior oidor should be -constituted as the - - - private judge, who, with the concurrence of the oficiales reales, - should have jurisdiction over and should proceed against, receive - and collect all the products and rents of the vacant archbishoprics - and bishoprics until the day on which the new prelates should - take possession of their offices, proceeding with full cognizance - ... to the collection ... of whatever might be due, ... with the - assistance of the oficiales reales who in this matter are subject - to the royal audiencia. [790] - - -By this same law the audiencias, viceroys, presidents and tribunals -were forbidden to interfere with this judge in the execution of -his duties, or to impede the execution or the law in any manner -whatsoever. The estates of prelates were thus placed on a basis similar -to that occupied by the properties of civilians, which, we have noted, -were administered by a special magistrate of the audiencia. This cédula -also provided that all money left as a residue, after the debts of -the prelates were paid, should be sent to the king for distribution. - -In view of the above-mentioned law, the practice followed in 1715, -on the death of Bishop Gorospe of Nueva Segovia, seems to have been a -direct violation of the royal command, and somewhat different from the -usual method of settling the estates of prelates. As soon as Gorospe -died at Magaldán, Pangasinán, the alcalde mayor of the province sent -immediate notification to the governor and audiencia. The tribunal, -in acuerdo, on the motion of the fiscal, authorized the alcalde mayor -and the treasury officials to take the espolio of that prelate, which -order was duly complied with. [791] The audiencia also dispatched a -formal notification to Archbishop de la Cuesta and the metropolitan -chapter, designating the former as the ecclesiastical governor of -the bishopric. [792] - -The significant feature of this espolio is that it was taken by an -official as inferior in rank as an alcalde mayor through the express -authorization of the audiencia, instead of being conducted by the -second magistrate of the audiencia as the law directed. It is possible -that the arrival of the cédula of June 24, 1712, had been delayed, or -that this may have been a case, so frequent in the Spanish colonies, -of compliance without obedience. Certain it is that the conditions -of life and travel in the provinces were of such a character that an -oidor would have found it more comfortable to remain in the capital -and delegate the disagreeable duties of the espolio in a far-distant -province to the resident alcalde mayor. Attention has already been -called to various complaints made by governors and others against the -disinclination of the magistrates to submit to the inconveniences of -provincial inspections. Again, it is very probable that the time and -attention of the magistrate whose duty it should have been to take -this espolio were occupied with more important judicial duties. [793] - -The citation or further multiplication of data relative to espolios -would be monotonous and unprofitable. Sufficient has been said -already to show the extensive participation of the audiencia in -the administration and settlement of the estates of prelates and the -assignment and care of vacant benefices. It may be noted, however, that -the audiencia suffered little if any diminution of its authority over -the espolio through the Ordinance of Intendants. That code deprived -the oficiales reales and oidores of the duty, formerly incumbent on -them, of taking espolios and conferred it upon the intendants and -corregidor-intendants of provinces. However, it was still required -that the papers relative to the proceedings should be submitted -afterward to the audiencia for legalization and approval. [794] -Appeals and cases of litigation arising from them were to be settled -in the audiencia. This decree made little difference in the procedure -in the Philippines, as the corregidor-intendants were never instituted -there, and the oidores continued in the settlement of these matters, -subject to the designation of the superintendent, who, it will be -remembered, was also governor and president of the audiencia. The -tribunal passed, as always, on all acts of espolio and heard cases -affecting them on appeal. In this manner the properties of the prelates -were administered in a conservative and legal manner and the interests -of the crown were safeguarded. - -The audiencia exercised joint authority with the vicepatron over -questions relating to the construction of churches and the conservation -of ecclesiastical property. No monastery, convent, college, hospital, -or other religious institution could be founded without the consent -of the king, and this permission was obtained through the viceroy, -governor, or audiencia upon the recommendation of the prelate of -the diocese. [795] The laws of the Indies conceded that matters -which did not admit of delay could be settled by the president and -audiencia. [796] In fact, as early as August 15, 1620, Governor Fajardo -acknowledged receipt of a letter from the king in which occurred the -statement that "no church or convent, not even a chapel, ought to be, -or can be, founded unless concurrent with your permission, and that of -the Audiencia." [797] It was provided that all petitions of religious -orders for permission to construct convents and monasteries should be -referred to the council, with the recommendations of the audiencia, -but in actual practice, when the advice of the audiencia was in the -affirmative, the vicepatron gave the desired consent, reporting on his -action to the Council of the Indies. Thus we see that the governor and -audiencia in reality exercised complete authority in uncontested cases. - -A large number of communications written to the audiencia by the royal -authorities exist, illustrating the nature and extent of the influence -of the audiencia in these matters. In 1604, the king learned that the -Augustinians of Cavite had founded a convent with no other authority -than that of the governor. This was contrary to the laws of the -royal patronage and the audiencia was ordered to correct the abuse, -and to see that the royal orders were obeyed in the future. [798] On -another occasion the audiencia was ordered to correct certain abuses -of the Jesuits, who had dispossessed the natives of their lands and -had built various structures thereon. The lands were ordered to be -returned to their rightful owners and the buildings destroyed. [799] - -The ambitions of the friars to construct monasteries, convents and -hospitals, and otherwise to manifest their powers and add to their -increasing strength had to be checked frequently. The audiencia was -called upon to do this throughout the history of the Islands. Possibly -the best illustration of the authority of the audiencia in these -matters may be noted in the part which it played in restraining the -Augustinians from the further extension of their influence during -the period from 1763 to 1778. The entire matter was summarized in the -consulta of the Council of the Indies dated December 10, 1777, and the -cédula of April 6, 1778, with unfavorable results for the Augustinians. - -On November 17, 1770, the provincial of this order applied for -permission to construct a convent in Cavite and solicited an -appropriation of four thousand pesos for this purpose. It was -suggested that the money should be supplied either by the income -from vacant benefices or from the profits of the sale of betel to -the natives. The provincial laid special claim to royal aid on the -extraordinary justification that the convent of his order at Imús, -Cavite, had been bombarded and destroyed by the British in 1763. On -August 16, 1772, the Council of the Indies referred the matter to the -Audiencia of Manila and the tribunal, after an exhaustive investigation -of the subject, recommended non-compliance with the provincial's -request. In its report, the audiencia reviewed the former attempts -of this order to extend its power and influence. On December 2, 1765, -it had tried to obtain permission to construct a convent at Nagtaján, -which the audiencia and Fiscal Viana frustrated. The Augustinians -tried again on February 20, 1766, asking for permission to build at -Bagumbayan. This plan the audiencia was also able to defeat. On August -16, 1772, this same order, impatient at the delay of the Council in -answering its petition of November 17, 1770, and still persistent, -solicited permission from the governor alone, not alluding to the -fact that a petition of this sort was at that time pending before -the Council of the Indies. This request was considered in the acuerdo -with unfavorable consequences for the Augustinians. - -The report of the audiencia was forwarded to the court and was -there reviewed by Francisco Leandro de Viana, formerly fiscal of the -Audiencia of Manila and at that time a member of the Council. Viana -recommended that not only should the desired permission be refused -but a rigid investigation of the legitimacy of titles to properties -held by the Augustinians should be made. He regarded as especially -reprehensible the deliberate effort on the part of the provincial to -obtain this permission from the governor in view of the unfavorable -attitude of the Council of the Indies and of the laws ordering that -licenses for the construction of convents should be given only by -the Council of the Indies, after consultation with the prelate of -the ecclesiastical district and with the audiencia, governor, or -viceroy. [800] In this way, due very largely to the influence of -the audiencia, the efforts of this order to extend its authority -were checkmated. This may be considered as a typical case of the -intervention of the audiencia in behalf of the royal patronage. - -It will be noted in another connection that the audiencia was called -upon, from 1680 to 1720, partly as a tribunal of justice and partly as -an agent of the royal patron, to investigate the titles of the lands of -the friars, and, by this proceeding, the tribunal deprived the orders -of much of the property which they had usurped. [801] It may also be -noted that an oidor regularly inspected the royal hospital at Manila, -[802] and when prelates and curates were transferred from one district -or parish to another, property left by them was inventoried and -taken under the direction of the audiencia. [803] These measures were -designed to insure the security and conservation of royal property. - -In summary, it may be said that the audiencia possessed joint authority -with, but not equal to the vicepatron in the regulation and supervision -of religious affairs. As a tribunal, and as an agent of the civil -government, the audiencia supported and assisted the vicepatron. At -times, indeed, it acted in his stead. We have seen that the audiencia -labored in the interests of the royal authority when it passed on the -acts of provincial synods and councils, and it inspected bulls and -briefs before they were allowed to become operative in the colony. It -sought always to bring about a peaceful settlement of disputes between -prelates, curates, and religious orders. Acting in the interests of the -civil government, the oidores made inspections in the provinces, noting -the work of the friars and parish priests in their particular fields, -giving special attention to the treatment afforded to the Indians by -their ecclesiastical protectors. The tribunal acted as the patron of -the royal colleges and universities. It regulated the administration -of ecclesiastical finances, devoting especial attention to tithes, -obras pías and espolios. And finally, as we have just noted, it was -endowed with considerable authority in determining the advisability of -authorizing the construction of churches, monasteries, and convents, -or of permitting the orders to extend their influence in various parts -of the colony. The intervention of the audiencia in these matters -was recognized by the court at Madrid and by the ecclesiastics of -the Philippines. - - - - - - - -CHAPTER XI - -THE AUDIENCIA AND THE CHURCH: THE ECCLESIASTICAL JURISDICTION - - -In the same manner that the audiencia performed the functions of a -civil court, so did it exercise jurisdiction as a superior tribunal or -court of appeal over prelates, church tribunals, and ecclesiastical -judges. It will be our purpose in this chapter to determine the -relations of the audiencia with the various ecclesiastical tribunals -and to direct attention to the occasions on which it acted as a court, -either with original or appellate jurisdiction in ecclesiastical cases. - -In this particular phase of the investigation an effort will be -made to distinguish between the ecclesiastical jurisdiction of the -audiencia and its acts relative to the royal patronage. Not only may -this distinction be made for conveniences of discussion, but it will -be readily seen that the character of the powers and jurisdiction -exercised was widely different. When acting as a tribunal of appeal -over prelates, provincials, and ecclesiastical courts the chief -concern of the audiencia was the administration of justice. When -acting in defense of the royal patronage, as noted in the preceding -chapter, its authority was primarily executive and administrative, -designed always to safeguard the interests of the civil government. - -It is, of course, true that all the power exercised by the civil -government over the church proceeded from authority invested in the -former by the laws of the royal patronage. [804] Nevertheless, it must -be observed that there were times when the audiencia exercised the -function of an impartial, disinterested court, with no aim or object -other than that of maintaining simple justice. It may be conceded, -for example, that the authority which the audiencia exercised in -the settlement of disputes between religious orders and between the -prelates and the regulars partook of the same judicial character -as the jurisdiction which it had in settling disputes between civil -corporations and individuals. The intervention of the audiencia for -the protection of the Indians from the abuses of the churchmen, -[805] its entertainment of the recurso de fuerza [806] and its -function as a court of appeals for the protection of the natives -against ecclesiastical tribunals may be said to have constituted acts -in defense of the royal interests as well as in securing the ends of -common justice. In restraining church authorities from the intemperate -use of the interdict, [807] or from a too liberal extension of the -right of asylum, [808] the audiencia was not seeking the ends of -justice (though judicial proceedings were instituted) so much as it -was defending the royal prerogative and protecting the officials of -the civil government. This may also be said of its efforts to prevent -the abuse of power by the commissary of the Inquisition. In these -last-mentioned activities, therefore, the audiencia may be said to -have acted in defense of the royal patronage, though in all these -cases its method of procedure was that of a court of justice. - -The church in the Spanish colonies had its own judicial tribunals -for the trial and settlement of cases arising within it which did not -concern the civil government. [809] The division of authority between -the civil and ecclesiastical courts and the respective jurisdictions -of each are described by Professor Moses, who writes: - - - The courts of the civil government and not the ecclesiastical - authorities considered ... all questions involving the limits - of bishoprics, the rights and prerogatives of the holders of - benefices, controversies between ecclesiastical councils and - their bishops and archbishops concerning the administration - of the Church, all disputes between parish priests and their - parishes, in a word, all cases that in any manner touched the royal - patronage. Even matters spiritual and cases between persons of a - privileged tribunal were not excepted from the civil jurisdiction; - but certain cases might be brought before the viceroy, and, if - desired, an appeal might be taken from the viceroy's decision to - the audiencia. [810] - - -It will be our function in this chapter to determine the participation -of the civil courts in these matters. - -The power of intervention in ecclesiastical matters which was -exercised by the civil tribunals was always a source of discord -in the Philippines. The attitude of the churchmen on this question -is well shown by a letter written January 20, 1688, by Fray Alonso -Laudín, procurator in Madrid for the Franciscans of the Philippines, -in protest against the encroachments of civil government. He wrote that - - - the principal causes of trouble in the Philippines are the - disagreements which continually exist between the royal audiencia - and the ecclesiastical judges; ... the ministers of the royal - audiencia, by virtue of the royal patronage of Your Majesty whom - they represent, ... hold ... that the audiencia has ecclesiastical - jurisdiction over the Church and over purely ecclesiastical - persons, over spiritual cases and the administration of the Holy - Sacrament, ... and spiritual and territorial jurisdiction in - regular and secular parishes. [811] - - -Laudín described the helplessness of the ecclesiastical judges and the -ineffectiveness of their jurisdiction, circumscribed as it was by that -of the civil magistrates. He stated that all the judicial acts of the -ecclesiastical ordinaries were rendered null by the magistrates of -the audiencia and that the ecclesiastical authorities were reduced -to such a condition that they did not know where to turn for relief -or remedy, as even the papal decrees were rendered ineffectual by -the encroachments of the civil jurisdiction. He stated that "the -ecclesiastical judges see in all this a meddling and interference -with the ecclesiastical jurisdiction, which has always been allowed, -but they cannot hereafter give fulfillment to the provisions of the -audiencia, even at the risk of expulsion from their districts." Laudín -was of the opinion that the laws had been misinterpreted by the civil -officials and that the king had never intended that the churchmen -should be so entirely shorn of their powers. He concluded his appeal -with the solicitation that such laws should be made as would determine -the questions at issue and bring about harmony between church and -state in the Islands. This should be done, he said, "in order that -each may be caused to see clearly the duties and jurisdiction which -belongs to him and that each may freely make use of his own powers -and prerogatives, and thus avoid suits and other disagreements." - -The laws of the Indies prescribed that the most harmonious -relations should prevail between the ecclesiastical and civil -magistrates. The audiencia was commanded to aid the prelates and -ecclesiastical magistrates in the exercise of their jurisdiction, -neither interfering with them nor permitting them to be molested by -other civil authorities. [812] These laws, like those of the royal -patronage, not only gave to the civil government a commanding position -with relation to the church, but they established the magistrates as -the supervisors and guardians of the church courts. - -It was the duty of the audiencia, on the other hand, to guard strictly -the prerogatives of the civil magistrates, and, in fact, those of all -officials of the government, and not to allow the ecclesiastics to -infringe on their jurisdiction through acts of fuerza, interdicts, -or by any other illegal means. [813] The ecclesiastical courts were -forbidden to try laymen or those subject in first instance to the -jurisdiction of the civil courts. They were forbidden to imprison -private subjects, or embargo or sell their property without first -seeking the consent and co-operation of the secular arm. [814] They -were forbidden to try any cases except those involving the church, and -they could not, without the aid of the civil authorities, impose fines -or condemn persons to labor. [815] In general, they were solicited -to work in harmony with the audiencia, and to give all possible -assistance to that body. [816] Wherein doubt existed or where there -was reason to believe that an action might constitute an interference -with the civil prerogative, the ecclesiastical judges were ordered -to ask the advice of the secular authorities. The ecclesiastical and -secular magistrates were enjoined to aid each other actively when -occasion demanded, the prelates supporting the audiencia, and the -latter dispatching provisions to its magistrates and subdelegates in -support of the ecclesiastical judges and tribunals. [817] - -The laws cited above did not become effective suddenly, but were -evolved through a long period of dissension and dispute between -the ecclesiastical and the civil authorities. Before the audiencia -was established in the Islands, the parish priests, friars, and -ecclesiastical ordinaries in many cases exercised the duties of local -judges in both the spiritual and temporal spheres. There can be no -question but that the church rendered very efficient service in this -particular, especially under the leadership of Bishop Salazar. [818] - -The surrender of their prerogatives by the ecclesiastics was -gradually though reluctantly made as the civil courts became more -firmly established in the Islands. At first, the entire clergy, with -few exceptions, from the bishop to the most isolated parish priest, -opposed the change, and regarded the assumption of their former -powers by the civil authorities as unauthorized usurpation. [819] -It was with great difficulty that the churchmen were able to adjust -themselves to the new conditions. They were required frequently -to aid the civil authorities in the apprehension of criminals and -in the obtaining of testimony, thus co-operating generally in the -administration of justice. [820] A noteworthy conflict arose when the -audiencia summoned Bishop Salazar before it to testify as an ordinary -witness, and to explain his own actions on various occasions, in -retarding the work of the civil courts. These summonses he regarded -as detracting from his ecclesiastical immunity. Subsequently, the -audiencia was admonished that on no occasion should churchmen be -called to act as witnesses. [821] So it came about that although the -intervention of the audiencia was prescribed by the laws of the Indies -and admitted elsewhere in the Philippines, owing to the strength of -the ecclesiastical organization, and its former prominence in affairs -of government, the assumption of its legal power by the audiencia was -necessarily gradual. Nevertheless, the tribunal ultimately attained -extensive authority in ecclesiastical affairs, an analysis of which -will now be made. - -The audiencia exercised jurisdiction as a high court of appeal over -suits to which the religious orders were parties. Most of these cases -originated in misunderstandings or contentions over jurisdiction, -titles to land, and over the claims relating to occupation of provinces -under the royal patronage, which the various orders advanced. Most -frequent of all were the suits between the orders, as to jurisdiction -over provinces. An example of this is furnished by the contention -which arose in 1736 between the Jesuits and the Recollects for the -exclusive right to minister in Mindanao. Another case of a similar -nature was the adjudication of a dispute between the Recollects and -the Dominicans for spiritual jurisdiction in the province of Zambales, -as a result of which the Recollects were finally ordered to confine -their missionary activities to Mindoro. [822] Another case was the -dispute between the Franciscans and the Observant friars. A large -number of the latter arrived in the Islands in 1648 with letters from -the Viceroy of New Spain. They were at once given territory which had -been previously assigned to the Franciscans. On the basis of a brief -of Urban VIII, prohibiting the occupation of the same province by -two different orders, the Franciscans brought suit in the audiencia -with the result that the newcomers were not only dispossessed of the -province that had been assigned to them, but their patents and briefs -were cancelled on the grounds that they were not properly authorized -by the Council of the Indies. [823] - -Reference was made in the last chapter to the suits which occurred -between the Jesuits and Dominicans, the two orders most extensively -interested in higher education, for the right to maintain universities -in Manila. The greater number of these disputes, in fact all of them, -seem to have been based on the rivalry of their two colleges and on -their zeal for royal favor and patronage. When Santo Tomás became a -royal university in 1648, and was empowered to grant degrees as such, -the Jesuits brought suit in the audiencia for the right to confer -honors of a like character in their college of San José. The audiencia -denied their petition; the case was appealed to the Council of the -Indies, and the higher authority decided that both institutions should -enjoy equally the privilege of conferring scholastic honors. [824] -The rivalry and bitter feeling between these two orders did not -cease with this settlement, but in 1683 the Dominicans again brought -suit in the audiencia, seeking to limit the educational activities -of the Jesuits. The matter was again carried to the Council of the -Indies. Although the decision was made in favor of the Jesuits, the -disagreements between the two orders, the charges and counter-charges, -and the influence of Archbishop Pardo, a Dominican, in behalf of -his own order, went far beyond the authority of the audiencia, whose -efforts to restrain them were entirely ineffectual. [825] - -Even the natives themselves, at times, went so far as to sue the -religious orders in the audiencia. This was done in 1738 when the -mestizos of Santa Cruz brought suit against the Jesuits, because the -latter had sought to make the residents of Santa Cruz pay for certain -improvements in the parishes of that district. These improvements had -been authorized by the Jesuits, and from them the society had derived -great benefit, while the residents had derived no particular good from -them. [826] In 1737, on complaint of the natives, an investigation was -conducted by Oidor Calderón which put a check upon certain transactions -of the Jesuits in the province of Batangas. It was proved that they -had collected rents repeatedly from the Indians for lands to which -they had no title. - -The most significant and decisive judicial authority which the -audiencia exercised in ecclesiastical matters, and that which was -productive of more conflicts and opposition on the part of the church -than any other cause, was the jurisdiction of the tribunal over -the secular church courts, at the head of which was the metropolitan -tribunal of the archbishop. The method of intervention most frequently -followed in cases appealed from the archbishop was by the entertainment -of the recurso de fuerza. [827] In this way the civil jurisdiction, -acting through the audiencia, could intervene for its own protection, -and by means of this special procedure that tribunal actually did -restrain the ecclesiastical judges more frequently and effectively -in important cases than in any other way. It was on the grounds of -fuerza that the audiencia justified its action in practically all -cases of interference with the jurisdiction of the church courts. - -Cases of fuerza were those which came to the audiencia through the -abuse of their judicial powers by prelates or ecclesiastical judges; -cases, literally, in which the latter had usurped or trespassed the -authority of the civil courts or government. [828] The execution of -the decision of an ecclesiastical judge could be suspended by an edict -of the audiencia on the grounds of fuerza, while the case was being -investigated by that tribunal. [829] The civil government usually -took the initiative in these appeals, but there were occasions in -the history of the Islands in which ecclesiastical authorities and -tribunals interposed recursos de fuerza against the archbishop. In -dealing with these cases the audiencia first ascertained whether fuerza -had been committed and then, if the results of the investigation -were affirmative, the tribunal was empowered to raise the fuerza -(alzar or quitar la fuerza) [830] and place limitations upon -the ecclesiastical authority in order to prevent future abuse of -power. [831] The audiencia was without authority to fine prelates, -bishops, or ecclesiastical judges, but it had sufficient jurisdiction -to remedy excesses and restore conditions to their former state. The -tribunal was urged to use the utmost discretion in dispossessing -offending prelates and judges of their benefices or positions, [832] -as a punishment for fuerza, and not to proceed to such lengths except -in exceptional cases, wherein the strictest measures were necessary. On -such occasions the audiencia might exile the offending ecclesiastic, -giving account of its act to the Council of the Indies. [833] All -proceedings of this nature had to be carried on secretly and with -the greatest possible dispatch and brevity, [834] and all churchmen -who were deprived of their benefices through the recurso de fuerza -had the privilege of an appeal to the Council of the Indies. [835] - -In the treatment of cases of fuerza an informal judicial hearing -was given; the spirit of the proceeding was supposed to be that of -a harmonious investigation, in which both sides, ecclesiastical and -civil, were mutually and equally concerned in the solution of a given -problem, and in ascertaining wherein error had been committed. The -object of this proceeding was said to be the furtherance of the -interests of the crown, the salvation of souls and the spread of -the benevolent influence of the church. That the spirit of peace and -harmony failed to manifest itself at many of these investigations, -is shown by the bitter contests which arose between the civil and -ecclesiastical judges as results of the entertainment of the recurso -de fuerza. The spiritual authorities alleged on these occasions that -they regarded the restraining action of the government as presumption, -unauthorized by ecclesiastical canons. - -In the well-known Pardo controversy (1683-1689), references to which -may be found in any history of the Philippines, there occurred many -occasions on which the audiencia was obliged to avail itself of the -recurso de fuerza. By this means the audiencia sought to restrain -Archbishop Pardo from usurping the civil jurisdiction and that of the -religious orders and of the metropolitan chapter. Interference with -these orders was in violation of the royal patronage, the ultimate -authority over them being the patron and not the archbishop. Such -action, therefore, became a civil offense, punishable by the civil -tribunals, the highest of which and the one properly equipped to -deal with such cases, was the audiencia. It will be noted that Pardo -paid the penalty of exile for repeatedly ignoring the audiencia and -its right of interposition through the recurso de fuerza, and the -subsequent ineffectiveness of the audiencia was due to reasons and -conditions other than the decline of the authority and importance of -the recurso de fuerza. This controversy which is more fully described -in preceding chapters affords the best example extant of the operation -of the recurso de fuerza, its nature and effects, hence the citation -of minor cases is rendered unnecessary. - -Closely related to the question of fuerza as illustrating the -jurisdiction of the audiencia over the church courts, occurs that -of the interdict. A price which the civil authorities frequently -had to pay for the entertainment of the recurso de fuerza, or any -other opposition, in fact, to the unrestricted authority of the -ecclesiastics, was the penalty which usually accompanied the interdict, -of being forbidden to participate in religious rites and ceremonies, -or to continue receiving the customary spiritual consolations and -benefits of the church. [836] The authority of the audiencia to -restrain the excessive use of this weapon by the ecclesiastics may be -considered to have been judicial in its nature, since the prelates, by -undue use of the episcopal censure, went beyond their ecclesiastical -jurisdiction and encroached upon the royal prerogative. A form of -judicial inquiry was instituted to ascertain the act and degree -of encroachment; indeed, the excessive use of the interdict was -interpreted to constitute fuerza, and the method just described was -employed by the tribunal to combat it. - -We may turn again to the Pardo controversy for an example of the -intervention of the audiencia to restrain a prelate from excessive -use of the interdict. Pardo, after his return from exile, fulminated -censures against ex-Governor Juan de Vargas and the entire audiencia -which had supported him against the archbishop. The ban against -the oidores was quickly removed, technically on the grounds that -the magistrates were still royal officials, but in reality for the -sake of expediency. Vargas, however, was not absolved. The audiencia, -according to the existing laws, had the right to force the prelate to -remove the ban, [837] but owing to dissensions within the tribunal, the -opposition of the new governor, the increasing power of the archbishop, -the certainty that the royal authority had already disapproved of its -acts, and the impending visitation of a royal commissioner (Valdivia), -who had instructions to settle the discord and strife at Manila at -any cost, the oidores thought it best not to take this step. The -archbishop refused to absolve Vargas because of the technical reason -that his case came under the jurisdiction of the Inquisition. - -The audiencia was expected to restrain the interdict whenever -this ecclesiastical prohibition interfered with the government or -incapacitated the officials thereof from executing their duties. The -interdict was not to interfere with the royal prerogative, nor was -it to be imposed for insignificant causes or personal reasons. [838] -The audiencia was given the special injunction not to interfere -with censures generally, but to permit them to be applied in needful -cases, the oidores bearing in mind only the requirement that these -ecclesiastical measures should not be allowed to interfere with the -civil government. [839] - -It had frequently been the practice of the prelates to pronounce -censures against oidores and alcaldes, who, in proceeding with -their duties as inspectors of the provinces, encroached upon -what the churchmen regarded as their own particular and private -jurisdiction. This, of course, was forbidden, and the audiencia, -by way of fuerza, usually entertained appeals from these officials -of the civil government and set aside all such acts on the part -of the representatives of the church. Reference was made in the -last chapter to the circumstances surrounding the effort of Oidor -Guerela to inspect the province of Camarines. This magistrate was -excommunicated by the bishop of that diocese and was compelled to -remain in banishment five months, the audiencia refusing to set aside -the censure on account of the personal animosity of the magistrates -toward Guerela. Nevertheless, prelates were enjoined to obey the -audiencia when that tribunal ordered the cancellation or suspension -of an episcopal censure or prohibition. [840] When an appeal was -made to the audiencia from such an act by an alcalde, oidor, visitor, -or other official at some distance from the capital, the prelate was -expected, upon the judicial summons of the audiencia, to suspend his -censure until the facts of the case had been ascertained, and the -decision of the tribunal had been rendered. [841] This was the law, -but occasionally, as in the case of Guerela, local circumstances -rendered impossible or undesirable the fulfillment of the law. - -It has been shown in the preceding chapter that before the coming of -the audiencia, the church had utilized the weapon of excommunication -on very slight pretext, and it had been partly for the purpose of -restraining this abuse that the audiencia was established. [842] The -early governors, especially, had many difficulties with this phase of -ecclesiastical high-handedness and the letters of such executives as -De Vera, Tello, Dasmariñas, and Morga complained continually against -this particular abuse of power by the prelates, [843] regretting -the lack of any authority to set aside these excessive acts on the -part of the churchmen. All the above-mentioned governors had been -excommunicated for various acts in opposition to the ecclesiastical -power. Governor Ronquillo, in the characteristic letter which is -quoted in another part of this treatise, reported that the audiencia, -after its establishment, had effectively restrained the excesses -of excommunication on the part of the church. [844] Indeed, during -the twenty-five years succeeding Ronquillo's term as governor, the -audiencia had so frequently set aside ecclesiastical censures, and -so completely terminated the abuses of the privilege of sanctuary by -friars and priests, in fact so generally held at naught the principle -of ecclesiastical immunity, that the king, on November 13, 1626, was -obliged to issue a special cédula in restraint of his Manila tribunal -and for the protection of the ecclesiastical jurisdictions. [845] - -Examination of a large number of cases shows that the method by which -the audiencia set aside excommunication was usually through an ultimate -reliance on force. Nevertheless, taking three hundred years of the -history of the Philippines into consideration, there were relatively -few cases in which matters went so far that the audiencia actually had -to use force, the case being usually that the judicial protest of the -tribunal against an abuse of this kind was sufficient. Theoretically, -any act of excommunication or interdict was suspended, ipso facto, -by the intervention of the audiencia pending further investigation, -and the prelate was required to abide by the decision of the tribunal. - -The following typical cases may be cited to show that the audiencia -frequently did rely on the civil power, as a last resort, for the -enforcement of its injunctions. In 1623, an oidor was excommunicated -for having violated the ecclesiastical sanctuary in seizing Juan -Soto de Vega, a fugitive from justice, who had taken refuge in the -cathedral. The audiencia, finding itself opposed by the metropolitan -court, sent a constable to arrest the provisor who had fulminated -the excommunication, threatening the latter with a fine of two -thousand pesos and banishment if he did not desist and cancel the -censure. The archbishop, who at first supported the provisor, was put -under military guard at the behest of the audiencia. The Jesuits then -used their good offices in behalf of the government, as a result of -which the matter was arbitrated and peace was brought about. [846] -In 1636, however, the archbishop and provisor were banished and fined -heavily, because they persisted in a censure which the audiencia -had restrained. Their continual refusal to harken to the commands -of the vicepatron and the royal tribunal and their insistence on the -censure were adjudged to constitute fuerza. This case originated in -the violation of the right of asylum by the governor and the arrest -of a murderer who had taken refuge in the Augustinian convent. So -open was the defiance of the civil government that the criminal was -executed in the courtyard, under the very windows of the convent -wherein were congregated the prelate and his supporters who were -commanded not to touch the body for three days. [847] The archbishop -was removed from his convent by soldiers at the command of the acuerdo -and banished to the island of Corregidor, where he remained twenty-six -days, after which mediation was effected and the weak old prelate, -tottering with age, was restored to his metropolitan capital. [848] -Montero y Vidal states that this case is interesting and important as -a test of the power of the governor; for many persons, he alleges, -did not believe that the governor could raise an interdict. [849] -That he was enabled to do so, with the support of the audiencia and -with the aid of his military forces there can be no question. - -Some reference should be made at this time to the abuses of the -interdict by Archbishop Pardo. This prelate went so far as to place -a ban upon the church of the Jesuits because it contained the dead -body of an offending oidor. For reasons other than the lack of legal -authority, the audiencia was powerless to restrain his censures at -that time. On another occasion the audiencia and governor, by placing -armed guards at the doors of the Dominican church and preventing -the celebration of services therein, suppressed an interdict which -had been issued through the influence of that order on behalf of -Archbishop Pardo. Governor Bustamante claimed that he was acting -in accordance with his own properly constituted authority in 1719, -when he appointed his own audiencia, set aside repeated interdicts, -penetrated the asylum of the church, arrested the archbishop and defied -the entire ecclesiastical organization. He seems to have exceeded -his powers no more flagrantly than did some of his predecessors -under like circumstances; yet, for personal and political reasons, -he was unable to count on the support of the other elements of the -colony in this struggle with the ecclesiastical power and the battle -ended disastrously for him. Acting-Governor Anda, relying on armed -force alone, defended Manila against the British, achieved victory -for his cause and secured the approbation of the king in the face of -repeated ecclesiastical censures from Archbishop Rojo. These incidents, -which occupy a prominent place in the history of the Philippines, -illustrate the usual method by which ecclesiastical censures were set -aside in actual practice, either by the audiencia or by the vicepatron, -who was supported by the tribunal. - -A department of the church over which the audiencia did not have -such complete authority, either judicially or administratively, was -the Inquisition. Properly speaking, there was no tribunal of the Holy -Office in the Philippines, the Inquisition being represented in Manila -by a commissary. [850] This representative was sufficiently powerful, -however, to constitute a worthy opponent for the civil power and one -who, on account of the immunities which he enjoyed and because of the -secret methods which he was able to employ, kept all the tribunals -and authorities of the civil government at a respectful distance. - -Although the laws of the Indies directed that the inquisitors who were -sent to the colonies should present their titles to the audiencias and -viceroys, this did not give the civil authorities any advantage over -them. The audiencia was expected to formally receive the inquisitors -and to pay them all due respect. [851] At the time of the establishment -of the Inquisition in Manila, no audiencia as yet existed. From the -very beginning, however, the dignitaries of the Inquisition were -placed under special royal protection, with complete power over -their own sphere. Officials of the government and all other persons -were warned and enjoined not to interfere with or oppose them in any -way. As early as May 22, 1610, the Council of the Indies placed itself -and all subordinate audiencias and governors in a position inferior -to that of the Inquisition. The interference of civil magistrates -with the inquisitors in behalf of the government was forbidden, [852] -even the ordinary means of protection were denied them. The recurso -de fuerza could not be employed, nor could the interdicts of the -inquisitors be raised, even in notorious cases of their infringement -upon the royal jurisdiction. [853] Little change was made in these -laws until the latter part of the eighteenth century. The oidores -were ordered to lend such secular aid as might be required, and were -originally instructed to obey the mandates and carry out the orders of -the inquisitors without inquiries into the religious reason for any -action the latter might take. Each judge, ecclesiastical or royal, -was to limit himself strictly to his own particular field and thus -conflicts of authority were to be avoided. - -The laws of the Indies prescribed many regulations which were -designed to induce harmony and co-operation between the officials -of the Inquisition and those of the civil government. Viceroys, -audiencias and governors were authorized to execute the sentences of -the representatives of the Inquisition and to extend to them every -facility and assistance. [854] Oidores and executives were forbidden -to open the mail or tamper with the correspondence or legal documents -of the inquisitors. [855] Oidores and fiscales were authorized to -give legal advice to the judges of the Inquisition when counsel -of this kind was required. [856] The inquisitors were to be given -precedence over the officials of the civil government in everything -pertaining to the official duties of the former, but in questions of -civil administration and in matters of ceremony, the oidores took -precedence over inquisitors, unless the latter enjoyed higher rank -by virtue of some other office. [857] - -The tendency of the laws, however, through a period of two hundred -years, was to delimit and circumscribe the authority of the Inquisition -in matters bordering on the jurisdiction of the civil government. This -is seen, especially, in the offense of polygamy, which, up to 1754, -was dealt with solely by the Inquisition. By the cédula of March -19th of that year, polygamy was brought under the fuero mixto; -[858] the same law ordered that prisoners, after punishment by the -inquisitorial tribunal for heresy, should be dealt with by civil -judges for an offense against the laws of the realm. On September 7, -1766, this crime was again made punishable solely by the Inquisition, -but on August 10, 1788, jurisdiction over cases of polygamy was taken -entirely from the Inquisition and given to the royal justices. [859] -This may be considered as indicative of the decline of the authority -of the Inquisition in the eighteenth century. The inquisitors, of -course, were not permitted to exercise jurisdiction over the Chinese, -or over the aboriginal inhabitants of the Islands. [860] - -In its relations with the civil power in the Philippines, and -particularly with the audiencia, two charges have been brought -against the Inquisition. The first was that in the early years of -the Islands' history, it was utilized by the prelates for the more -complete usurpation of powers belonging to the civil government and the -audiencia. The tribunal, of course, was left entirely without recourse, -by virtue of the exemptions and immunities of the Inquisition mentioned -above. On July 20, 1585, the audiencia, in a letter to the king, -cited several instances in which Bishop Salazar, unwilling to cede his -claims to jurisdiction over certain civil offenders, handed them over -to the commissary of the Inquisition, instead of surrendering them -to the audiencia, to which jurisdiction over such cases belonged. The -audiencia, appealing to the king for aid, alleged that the prelate had -taken undue advantage of the civil power, "by sheltering himself behind -the Inquisition, ... where the audiencia has no jurisdiction." [861] -This charge was also brought against Salazar by the Jesuit, Sánchez, -in his memorial of 1591. [862] It is significant that no decree was -issued during the earlier era which authorized the audiencia to repair -the abuses of the inquisitors, although on many occasions the audiencia -and the local court of the Inquisition were respectively enjoined to -confine themselves to their own particular fields of authority. [863] - -The second charge made against the Inquisition was that it allowed -itself to be influenced, utilized, and possessed by individuals -and private interests for their own selfish ends. Under these -conditions the audiencia was powerless; the Inquisition openly -fought the government and vanquished it entirely on various notable -occasions. There may be found no better illustration of this than -the Salcedo affair in 1667 and 1668, during which the commissary -of the Inquisition was the instrument of the governor's enemies, -proceeding to such excesses in his zeal that he ultimately proved to -be the agent of his own downfall. [864] - -The various sacerdotal historians of the Philippines, in treating -of the Salcedo affair, agree that the failure of the audiencia to -do its duty in checking the so-called excesses of the governor led -the prelate and the ecclesiastical dignitaries of the colony to -turn to the Inquisition for relief. [865] Among the acts of treason -and heresy of which Governor Salcedo was said to have been guilty, -the most conspicuous were his negotiations with the Dutch at Batavia -for the conquest by them of the city of Manila. [866] This was the -leading pretext for his arrest. We have already mentioned in a former -chapter that the conduct of the oidores was not above reproach on this -occasion. Immediately after the removal of the governor, a dispute -arose between magistrates Coloma and Montemayor for the control of -affairs, only to be settled by the usurpation of the government by -the ecclesiastical candidate, Bónifaz. With Salcedo out of the way -and the audiencia intimidated and powerless, the Inquisition and the -ecclesiastics ruled with a high hand for a period of three years, -until the arrival of the new governor, Manuel de León, in 1671. [867] - -The audiencia, after it had been reconstructed by Governor León, -gave some account to the king of the excesses of "Fray Joseph de -Paternina, religious of the order of San Agustín, and commissary -of the Holy Inquisition, who has been so vain and haughty since -the imprisonment of Governor Salcedo, a thing very unfortunate -for these Islands." [868] The most harmful result of the affair, -in the estimation of the audiencia, was the growing feeling on the -part of the people of the Philippines "that the Inquisition (was) -the most powerful agency there, and that every person in the colony -was subject to it." The effrontery of the commissary was said to have -gone so far on one occasion that he entered the acuerdo session of -the audiencia and violently interfered with its proceedings, forcibly -arresting and carrying away persons attendant thereupon. This defiant -and insolent act was the greatest offense that could be offered to -the royal authority, and the audiencia felt that if a continuance of -these excesses were tolerated the royal tribunal would be despised -and held at naught by the very citizens who should regard it with -the most veneration. - -A list of the acts of aggression on the part of the commissary was -submitted by the audiencia at this time. He had commuted a sentence -pronounced by the tribunal and had excused various fines imposed -by the tribunal, declaring publicly that it was not necessary to -obey the acts of this body of lawyers. He had excommunicated all the -magistrates of the audiencia, who remained for a long period without -recourse and without the privileges of religious communion. He had -interfered on behalf of an encomendero who was on trial before -the audiencia. He had produced such a state of affairs that the -impotence of the civil government was a subject of common jest, even -in the mouths of the natives. The supporters of the government had -been reduced to a panic of fear, not knowing where the wrath of the -Inquisition would fall next. The commissary, on the other hand, had -fortified himself with claims of immunity and had acted in defiance -of royal and ecclesiastical law by erecting a tribunal of which he -was the head, notwithstanding the fact that such an institution was -forbidden in the Philippines. The audiencia presented this picture -of affairs in its memorial, admitting its incapacity to cope with -this powerful institution, whose acts were prepared and executed in -secrecy. The evil situation for which he was responsible could only be -repaired by an appeal to Mexico. Meanwhile the government and people -in the Philippines were compelled to suffer the consequences of his -assumption of authority. - -There was no tribunal or any other agency in the Philippines able to -place an effective check on the triumphant inquisitor. The only relief -that could come was furnished on June 4, 1671, in the appointment of a -new commissary, who was ordered to arrest Paternina and send him back -to New Spain. This timely relief emanated from the tribunal of the -Inquisition of Mexico, which by this act manifested its disapproval -of all that had been done by its ambitious agent. On August 12, 1672, -the Council of the Indies also disapproved of Paternina's acts in -connection with the establishment of a Philippine tribunal. [869] -The new commissary did nothing toward the continuance of the tribunal -which his predecessor had established illegally. - -With these manifestations of the royal support, the audiencia, -which had been reconstituted on the arrival of Governor León, -regained its authority and proceeded ably to second the executive -in his struggle with the powerful ecclesiastical organization. The -new commissary, who had lost his papers in a shipwreck, appealed to -the tribunal for recognition and support in a struggle which he had -undertaken against the Franciscans. Through the aid given him by -the audiencia, he imprisoned the provincial and definitor of that -order. Then the audiencia reconsidered its decision and effected -the liberation of the two prisoners on the ground that the title of -the commissary did not authorize him to act at this time. [870] In -interfering with and actually cancelling the acts of the commissary, -the audiencia was exceeding its authority, for the laws prescribed -that his decisions could be reversed only by his immediate superior, -the tribunal of Mexico. However, the audiencia maintained that it -was acting in accordance with the law which authorized it to receive -and recognize inquisitors. On this occasion it was merely deciding -that the commissary was acting without proper authority since his -credentials had never arrived. [871] At this time, the moral standing -of the Philippine agent of the Inquisition was at a very low ebb, -both in Manila and Madrid, which, of course, influenced the decision -of the audiencia. - -The Salcedo affair and the succeeding events make it clear that -neither the authority of the audiencia nor of the Inquisition was -unlimited. The fear and respect with which the latter institution -was regarded contributed to its momentary triumph. The audiencia did -not interfere with or seek to restrain the acts of the commissary; -indeed, the tribunal connived at the exile of the vicepatron since the -oidores expected to profit from the act. During these three years the -Inquisition allied itself practically to every interest in the colony -which had been opposed to the governor. The royal interests were -for a time forgotten and wholly unchampioned, owing to the weakness -of the audiencia, the removal of the governor, and the united front -presented by the ecclesiastical element. This condition was altered by -the arrival of a new governor who bore evidence of the disapprobation -of the superior government. The tribunal of Mexico discountenanced the -acts of its former representative, and that disapproval was further -emphasized by the adverse attitude of the Council of the Indies. The -audiencia was restored to its proper position, and, in conjunction -with the vicepatron, it resumed its status as the agent of the royal -will. So it may be asserted that the supremacy of both authorities -was relative, recognition depending partially on local circumstances -and ultimately on the attitude of the superior government. In fact, it -may be said that the latter was the deciding factor. In the struggle -itself, before the decision of the home authorities was rendered, -the preponderance of power was enjoyed by the Inquisition. This was -owing to the advantages which law and precedent had given to it as -a privileged ecclesiastical tribunal, although the efficacy of the -Inquisition lay for the most part in the immunities which were extended -to it and in its swift, unexpected and secret methods. Its ultimate -defeat on this occasion, and the continued abuse of its power, did much -to detract from its prestige and authority in the Philippines. [872] - -During the eighteenth century considerable authority over the -Inquisition was given to the civil courts. The former position of -supremacy, wherein its authority could not be so much as questioned -by a secular tribunal, was gone forever. On August 2, 1748, a decree -was promulgated whereby chanceries, audiencias, and corregidores were -authorized to restrain any inquisitorial tribunal from maltreating -its own prisoners. [873] This same law provided for the punishment by -the civil courts of inquisitors who contravened this law. This was the -first regulation which really gave to the audiencia the power necessary -to restrain the acts of the Inquisition. We find no indication of any -such liberal legislation in the sixteenth and seventeenth centuries, -but by the time this law was promulgated, the power of the church in -Spain was considerably reduced and that of the Inquisition was already -on the decline. By a number of subsequent laws the Inquisition was -gradually but surely limited in power and authority. We have already -noted that on August 10, 1788, jurisdiction over the crime of polygamy -and over cases involving the infraction of the marriage relation -was taken from the Inquisition and given to the civil courts. [874] -By the cédula of December 12, 1807, authority was given to the royal -justices to receive inquisitors, inspect their titles and to assign -them to their districts, assisting them in all possible ways. The civil -authorities were ordered to guard against an excessive number of these -functionaries. The magistrates were especially instructed to act as -guardians of the royal prerogative in dealing with the representative -of the Inquisition and to report to the superior government on their -relations with them. By this cédula the authority of the inquisitorial -agents was distinctly limited to matters of faith, with appeal to -the tribunal of the Inquisition. The magistrates were ordered to see -that these instructions were followed. [875] In this way the civil -authorities, and particularly the magistrates of the audiencias, -became the guardians of the royal prerogative against the agents of -the Inquisition, who were kept within the proper bounds of a purely -religious jurisdiction. - -It would be desirable, did time and space allow it, to illustrate -further the jurisdiction of the audiencia over ecclesiastical affairs -by showing in detail the part which the tribunal played in the friar -lands litigation [876] and in the disputes over ecclesiastical -visitation in the seventeenth and eighteenth centuries in the -Philippines. It will be sufficient here to state that the government -sought at irregular intervals and with varying degrees of success, -to make the orders prove titles to lands in the same manner that was -required of other corporations and individuals. [877] The audiencia, -as a tribunal, and the individual magistrates as special commissioners, -participated judicially in the examination of these titles and in -the correction of the abuses which were discovered. The oidores, when -serving as special magistrates for the verification of these titles, -officiated in a double capacity. By the very nature of the services -rendered they were judges. They were also agents of the royal patron -and as such they represented the person of the king, ascertaining -whether the royal rights had been usurped or infringed upon. - -Closely similar to the jurisdiction of the audiencia as a court -of final resort in the testing of the titles to lands occupied -by religious orders was that which it exercised in the matter of -ecclesiastical visitation. This was a question of a more thoroughly -religious character which did not concern the civil government -as intimately as did the matter of friar lands. In general, -it may be said that the audiencia was utilized by both sides in -the various disputes which arose in connection with ecclesiastical -visitation. During the ecclesiastical administrations of Archbishops -Salazar, Serrano, Poblete, Camacho, Pardo and Justa y Rufina, -practically until the end of the eighteenth century, this question -was continually agitated. These archbishops attempted to visit and -inspect the curacies which were held by friars in lieu of secular -priests. [878] The archbishops relied on the audiencia for assistance -in the enforcement of their claims and the friars sought its protection -as a court of justice to shield them from the visitation of the -prelate. As in the matter of the friar lands, so in this question, -the audiencia acted both as a tribunal of justice and as an agent -and champion of the royal patronage. Indeed, the laws of the Indies -established the audiencia as a tribunal and as a compelling authority -for the enforcement of ecclesiastical visitation. [879] The archbishop -was directed to appeal to the audiencia or vicepatron for assistance -in the subjection of offending curates, [880] but he was forbidden -to visit the regulars in their convents, [881] which, of course, -did not prevent his visiting them when in charge of curacies. On the -other hand, the audiencia was forbidden to entertain appeals on the -ground of fuerza from regulars who objected to the visitation of the -prelates. [882] - -Local conditions in the Philippines did much toward determining -the character of the support rendered by the audiencia both to the -archbishops and to the friars. During the later months of the Pardo -controversy, when the audiencia had been demoralized by the triumph of -the archbishop and the visitor, Valdivia, the decision of the tribunal -had but little weight and the prelate did as he wished in regard to -the matter of visitation. In Camacho's time, when the friars were on -the point of leaving the Islands rather than submit to visitation, the -audiencia and the governor wisely counseled moderation and completely -abandoned the obstinate prelate. During Anda's term of office the -question was again taken up, but the effort to enforce the principle -was abandoned because the government could not find seculars, either -Spanish or native, to take the place of the friars who threatened to -leave the Islands if visitation were insisted upon. The magistrates -likewise rendered invaluable service in imparting legal advice to the -vicepatron, friars and others interested. They also kept the court -informed as to what was actually transpiring in the colony. It may -be seen, therefore, that the audiencia participated in two important -ways in the enforcement of episcopal visitation. It was primarily a -court; it acted as agent of the royal patron. In these capacities the -influence of the tribunal was greatest. It also exercised functions of -an advisory character in aiding the authorities concerned to ascertain -their rights according to the existing law. [883] - -In summarizing the results of the investigation with which this chapter -has been concerned, it may be said that the audiencia constituted a -court of appeal in ecclesiastical cases wherein the services of an -impartial, non-ecclesiastical tribunal were required, or wherein -the defense of the royal jurisdiction against the aggression of -the churchmen was involved. In defending the civil government from -ecclesiastical usurpation the audiencia acted in defense of the royal -patronage. Nevertheless, in the cases noted, namely, in settling -disputes between orders, between the secular church and the orders, -between either of these and the civil government, in entertaining -recursos de fuerza, in restraining the interdict, and the abuses of the -Inquisition, the audiencia acted by judicial process as a tribunal of -justice, and not in the capacity of an administrative committee or an -executive agent, as in the cases which have been heretofore described. - - - - - - - -BIBLIOGRAPHY - - -LIST OF PRINTED WORKS CITED - - -Alcedo, Antonio de - - Diccionario geográfico-histórico de las Indias Occidentales ó - América. 5 vols. Madrid, 1786-1789. - - -Altamira y Crevea, Rafael - - Historia de España y de la civilización española. 3d ed, 4 - vols. Barcelona, 1913. - - -Álvarez de Abreu, Antonio - - Extracto historial. Madrid, 1736. - - -Antequera, José María - - Historia de la legislación española, desde los tiempos más remotos - hasta nuestros dias. 2d ed., Madrid, 1884. - - -Artigas, Manuel - - El servicio de aduanas en Filipinas. Madrid, 1895. - - -Bancroft, Hubert Howe - - History of Central America. 3 vols. San Francisco, 1882-1887. - - History of Mexico. 6 vols. San Francisco, 1883-1888. - - -Barrows, David P. - - A history of the Philippines. Indianapolis, 1905. - - "The governor-general of the Philippines under Spain and the - United States," in The Pacific Ocean in history (Stephens and - Bolton, editors), 238-265. New York, 1917. - - -Beleña, Eusebio Bentura - - Recopilación sumaria de todos los autos acordados de la real - audiencia y sala del crimen de esta Nueva España. 2 vols. Mexico, - 1787. - - -Blackmar, Frank W. - - Spanish institutions of the Southwest. Baltimore, 1891. - - -Blair, Emma Helen, and Robertson, James Alexander (editors) - - The Philippine Islands, 1493-1898. 55 vols. Cleveland, 1903-1909. - - -Blumentritt, Ferdinand - - Consideraciones acerca de la actual situación política de - Filipinas. Barcelona, 1889. - - -Bolton, Herbert Eugene - - Guide to materials for the history of the United States in the - principal archives of Mexico. Washington, 1913. - - Texas in the middle eighteenth century; studies in Spanish colonial - history and administration. Berkeley, 1915. - - -Bourne, Edward Gaylord - - Discovery, conquest, and early history of the - Philippines. Cleveland, 1907. - - Spain in America, 1450-1580. New York, 1906. - - "The Philippine 'situado' from the treasury of New Spain," in - The American historical review, X, 459-461. - - -Buzeta, Manuel, and Brave, Felipe - - Diccionario geográfico, estadístico, histórico de las islas - Filipinas. 2 vols. Madrid, 1850-1851. - - -Cánovas del Castillo, Máximo - - Noticias históricas, geográficas, estadísticas, administrativas - y militares de las islas Filipinas. Madrid, 1859. - - -Castro, Agustín Mariá de - - Reseña sobre la guerra de los Ingleses. Manila, 1765. - - -Cavada y Méndez de Vigo, Agustín de la - - Historia, geografía, geología y estadística de Filipinas. 2 - vols. Manila, 1876. - - -Chapman, Charles E. - - The founding of Spanish California; the northwestward expansion - of New Spain, 1687-1783. New York, 1916. - - -Chirino, Pedro - - Relación de las islas Filipinas í de lo qve en ellas an trabajado - los padres de la Compañia de Iesus. Rome, 1604. - - Colección de Autos acordados de la real audiencia [y] chancillería - de Filipinas. 5 vols. Manila, 1861-1866. - - Colección de documentos inéditos para la historia de España. 113 - vols. Madrid, 1842-1912. - - Colección de documentos inéditos relativos al descubrimiento, - conquista y colonización de las posesiones españolas en América y - Oceanía, sacados, en su mayor parte, del Real Archivo de Indias. 42 - vols. Madrid, 1864-1886. - - Colección de documentos inéditos relativos al descubrimiento, - conquista y organización de las antiguas posesiones españolas de - ultramar. Segunda serie. 13 vols. Madrid, 1886-1887. - - Colección de las leyes, decretos, y declaraciones de las cortes - y los reales decretos, órdenes, etc., desde 1837 hasta Diciembre, - 1845. 13 vols. Madrid, 1845. Continued from 1846 as the Colección - legislativa de España. - - Colección del real decreto de 27 de Febrero de 1767 para - la ejecución del extrañamiento de los regulares de la - Compañia. Madrid, 1767. - - Colección legislativa de España. 180 vols. Madrid, 1810-1898. - - -Colín, Francisco - - Labor evangélica, ministérios apostólicos de los obreros de - la Compañia de Iesus, fundación y progresos de su provincia - en las islas Filipinas. Nueva edición ... por el P. Pablo - Pastels. Barcelona, 1900-1902. [First ed. Madrid, 1663.] - - -Cómyn, Tomás de - - Estado de las islas Filipinas. Madrid, 1820. - - -Concepción, Juan de la - - Historia general de Philipinas. 14 vols. Manila, 1788-1792. - - -Coroléu é Inglada, José - - America, historia de su colonización, dominación é independencia. 4 - vols. Barcelona, 1896. - - -Craig, Austin - - The former Philippines through foreign eyes. Manila, 1916. - - -Craig, Austin, and Benítez, Conrado - - Philippine progress prior to 1898. Manila, 1916. - - -Crétineau-Joly, Jacques - - Clemente XIV y los Jesuitas, ó sea la historia de la destrucción - de los Jesuitas. Madrid, 1848. - - Histoire religieuse politique et littéraire de la Compagnie de - Jésus. 5 vols. Paris, 1859. - - -Cunningham, Charles Henry - - "Origin of the friar lands question in the Philippines," in The - American political science review, X, 463-480. - - "The ecclesiastical influence in the Philippines," in The American - journal of theology, XXII, 161-186. - - "The inquisition in the Philippines," in The Catholic historical - review, III, 417-445. - - "The institutional background of Spanish-American history," - in The Hispanic American review, I, 24-39. - - "The question of ecclesiastical visitation in the Philippines," - in The Pacific Ocean in history (Stephens and Bolton, editors), - 223-237. New York, 1917. - - "The residencia in the Spanish colonies," in The Southwestern - historical quarterly, XXI, 253-278. - - -Danvila y Collado, Manuel - - El poder civil en España. 6 vols. Madrid, 1885-1886. - - Historia del reinado de Carlos III. 6 vols. Madrid, 1893. - - Significación que tuvieron en el gobierno de América la casa de - contratación de Sevilla y el consejo supremo de Indias. Madrid, - 1892. - - Decretos creando y organizando el cuerpo de administración civil - de Filipinas. Madrid, 1870. - - Decretos de la Reina Doña Isabel II, ... desde 1834 hasta Diciembre - de 1836. 2 vols. Madrid, 1835-1837. - - Decretos del rey Don Fernando VII ... desde el 4 de Mayo de 1814, - hasta fin de Diciembre de 1831 ... y ... desde 1832, hasta fin - de Diciembre de 1833. 18 vols. Madrid, 1818-1834. - - -Delgado, Juan - - Historia general sacro-profana, política y natural de las islas - del Poniente, llamadas Filipinas. Manila, 1892. - - -Desdevises du Dezert, Gastón - - L'Espagne de l'ancien règime. 3 vols. 1897-1904. - - "Vice-rois et capitaines gènèraux des Indes espagnoles a la fin - du XVIII e siècle," in the Revue historique, CXXV, 223-264; CXXVI, - 14-60, 225-270. - - -Díaz, Casimiro - - Conquistas de las islas Filipinas. Valladolid, 1890 [First - ed. 1718.] - - -Elliott, Charles Burke - - The Philippines; to the end of the military regime; to the end - of the commission government. 2 vols. Indianapolis, 1916, 1917. - - -Escriche, Joaquín - - Diccionario razonado de legislación y jurisprudencia. 3d ed., - 2 vols. Madrid, 1847. - - Estadística de las causas criminales, negocios civiles y - expedientes de gobierno despachados por la audiencia de Manila - durante el año de 1876. Manila, 1877. - - Estadística general de los negocios terminados y pendientes - de despacho en la real audiencia de Filipinas en fin de año de - 1867. Manila, 1869. - - Estadística judicial de negocios despachados por la real audiencia - de Cebú en 1886. Cebú, 1887. - - Suplemento al diccionario razonado de legislación y - jurisprudencia. Madrid and Santiago, 1851. - - -Fabie, Antonio María - - Ensayo histórico de la legislación española. Madrid, 1896. - - -Fernández Martín, Manuel de - - Compilación legislativa del gobierno y administración civil en - ultramar. 15 vols. Madrid, 1888-1898. - - -Ferrando, Juan - - Historia de dos PP. Domínicos en las islas Filipinas. Madrid, - 1870-1872. - - -Fonseca, Fabián, and Urrutia, Carlos de - - Historia general de la real hacienda. 6 vols. Mexico, 1845-1853. - - -Ford, Worthington Chauncey - - "Public records in our dependencies," in American Historical - Association, Annual report, 1904, 131-147. Washington, 1905. - - -Foreman, John - - The Philippine Islands. London, 1906. - - -Gaceta de Manila, La - - Publicación oficial, diaria, en la que aparecían todos los - decretos, reales órdenes y demás disposiciones dictadas por las - autoridades en las cuestiones de gobierno, fomento, hacienda, - estado, gracia, y justicia, administración.... Fué creada en - substitución del Boletín Oficial por real orden de 18 de Mayo de - 1860 y publicó su último número el 12 de Agosto de 1898. Manila, - 1860-1898. - - -Garcia Icazbalceta, Joaquín - - Don Fray Juan de Zumárraga. Mexico, 1881. - - -Gómez Zamora, Matias - - Regio patronato, español é indiano. Madrid, 1897. - - -Govantes, Felipe María de - - Compendio de la historia de Filipinas. Manila, 1877. - - Vida de Don Simón de Anda y Salazar. Manila, 1862. - - -Grau y Monfalcón, Juan - - Memorial informatorio al rey ... por la ... ciudad de Manila - sobre las pretensiones de aquella ciudad, é islas, y sus vecinos, - y moradores, y comercio con la Nueva España. Madrid, 1637. - - Justificación de la conservación, y comercio de las islas - Filipinas. Madrid, 1640. - - -Griffin, George Butler - - "A brief bibliographical sketch of the Recopilación de Indias," - in Historical Society of Southern California, Publications, - 1887. San Francisco, 1888. - - -Hackett, Charles Wilson - - "Delimitation of political jurisdictions in Spanish North America - to 1535," in The Hispanic American historical review, I, 40-69. - - -Hartzenbusch, Eugenio - - Apuntes para un catálogo de periódicos Madrileños. Madrid, 1894. - - -Helps, Arthur - - The Spanish conquest in America. 4 vols. New York, - 1900-1904. M. Oppenheim, ed. [First ed., London, 1855-61.] - - -Hernáez, Francisco Javier - - Colección de bulas, breves y otros documentos relativos á la - Iglesia de América y Filipinas. 2 vols. Bruselas, 1879. - - - Histoire de la persecution de deux saints evêques par les Jesuites, - ... l'un Dom Bernardin de Cardenas, evêque du Paraguay dans - l'Amerique meridionale, l'autre Dom Philippe Pardo, archêveque - de l'Eglise de Manila, metropolitaine des isles Philippines dans - les Indies Orientales. Manila, 1691. - - -Humboldt, Alexander von - - Political essay on the kingdom of New Spain. 4 vols. London, 1811. - - - Instrucción que los virreyes de Nueva España dejaron á sus - sucesores. 2 vols. Mexico, 1873. - - -Jagor, Feodor - - Viages por Filipinas tradueidas del alemán por S. Vidal y - Solar. Madrid, 1875. - - -Juan de la Concepción - - See Concepción. - - -Lafuente, Modesto - - Historia general de España. 25 vols. Barcelona, 1889-1890. - - -Lannoy, Charles de - - L'expansion coloniale du Portugal jusqu' au début du XIXe siècle, - in Lannoy and Vander Linden, Histoire de l'expansion coloniale - des peuples européens: Portugal et Espagne. Bruxelles, Paris, 1907. - - -La Pérouse, Jean Francois de Galaup - - Voyage de La Pérouse autour du monde. Paris, 1797. - - -Lea, Henry Charles - - A history of the inquisition in Spain. 4 vols. New York, 1906-1907. - - The inquisition in the Spanish dependencies. New York, 1908. - - -Legentil de la Galaisière, Guillaume, Joseph Hyacinthe Jean Baptiste - - Voyage dans les mers de l'Inde, fait par ordre du roi, à l'occasion - du passage de Vénus, sur le disque de soleil, le 6 juin 1761, & - le 3 du même mois 1769. 2 vols. Paris, 1779-1781. - - -Leroy, James A. - - The Americans in the Philippines. 2 vols. Boston and New York, - 1914. - - "The Philippine 'situado' from the treasury of New Spain," in - The American historical review, X, 929-932; XI, 722-723. - - Review: Blair and Robertson (editors), The Philippine Islands, - 1493-1898, in The American historical review, XI, 681-687; XII, - 143-145; 912-915. - - -Leroy-Beaulieu, Paul - - De la colonization chez les peuples modernes. 2 vols. Paris, 1902. - - -Lowery, Woodbury - - The Spanish settlements within the present limits of the United - States, 1513-1561. New York, 1901. - - -Malcolm, George A. - - The government of the Philippine Islands, its development and - fundamentals. Rochester, 1916. - - -Mallat de Bassilau, Jean - - Les Philippines; histoire, géographie, moeurs, agriculture, - industrie et commerce des colonies espagnoles dans l'Oceanie. 2 - vols. Paris, 1846. - - -Marichalar, A., and Manrique, Cayetano - - Historia de la legislación y recitaciones del derecho civil de - España. 9 vols. Madrid, 1861-1872. - - -Martínez Alcubilla, Marcelo - - Diccionario de la administración española, peninsular y - ultramarina. 12 vols. Madrid, 1868. - - -Martínez de Zúñiga, Joaquín - - An historical view of the Philippine Islands: exhibiting their - discovery, population, language, government, manners, customs, - productions and commerce. Translated by John Mayer. London, 1814. - - Estadismo de las islas Filipinas, ó mis viajes por este - país.... Publica esta obra por primera vez extensamente anotada - W. E. Retana. 2 vols. Madrid, 1893. - - Historia de las islas Filipinas. 2 vols. Sampaloc, 1803. - - -Mas, Sinibaldo de - - Informe sobre el estado de las islas Filipinas en 1842. Madrid, - 1843. - - -Maurtua, Victor N. - - Antecedentes de la Recopilación de Indias. Madrid, 1906. - - -Medina, José Toribio - - Bibliografía española de las islas Filipinas (1523-1810). Santiago - de Chile, 1897-1898. - - Historia del tribunal del Santo Oficio de la inquisición en - Chile. 2 vols. Santiago de Chile, 1890. - - -Mendízabal, Francisco - - Investigaciones acerca del origen, historia y organización de la - real chancillería de Valladolid, su jurisdicción y competencia, - in Revista de archivos, bibliotecas y museos, tercera época, XXX, - (1914), 62-72; 243-264, 437-452. Madrid, 1914. - - -Mendieta, Gerónimo de - - Historia eclesiástica Indiana. Mexico, 1870. - - -Montemayor y Córdoba, Juan Francisco - - Sumarios de las cédulas, ordenes y provisiones reales ... para - la Nueva España y otras partes. Mexico, 1678. - - -Montero y Vidal, José - - El archipiélago Filipino y las islas Marianas, Carolinas, y Palaos; - su historia, geografía y estadística. Madrid, 1886. - - Historia general de Filipinas desde el descubrimiento de dichas - islas hasta nuestros días. 3 vols. Madrid, 1887-1895. - - -Morga, Antonio de - - Sucesos de las islas Filipinas. Obra publicada en Méjico el año - de 1609, nuevamente sacada á luz y anotada por José Rizal. Paris, - 1890. [First ed., Mexico, 1609. English translation by Henry - Stanley, London, 1868.] - - -Moses, Bernard - - South America on the eve of emancipation. New York, 1908. - - The establishment of Spanish rule in America. New York, 1898. - - The Spanish dependencies in South America. 2 vols. London, 1914. - - -Murillo Velarde, Pedro - - Historia de la provincia de Philipinas de la Compañia de - Jesus. Manila, 1749. - - -Navarrete, Martín Fernández de - - Colección de los viages y descubrimientos que hicieron por mar - los Españoles desde fines del siglo xv. 5 vols. Madrid, 1825-1837. - - - New laws of the Indies for the good treatment and preservation - of the Indians (1542-1543). London, 1893. - - Ordenanza general formada de orden de Su Majestad para el gobierno - é instrucción de intendentes subdelegados y demás empleados de - Indias. Madrid, 1803. - - Ordenanzas para el régimen y gobierno de la real Audiencia - de Manila con el reglamento para su secretaría, aprobadas las - primeras por real decreto.... Manila, 1868. - - -Pardo de Tavera, Trinidad Hipólito - - Biblioteca Filipina. Washington, 1903. - - Reseña histórica de Filipinas desde su descubrimiento hasta - 1903. Manila, 1906. - - "The judiciary of the Philippine Islands," in Census of the - Philippine Islands, I, 389-410. Washington, 1905. - - "The power of the monastic orders," in Census of the Philippine - Islands, I, 340-346. Washington, 1905. - - -Parrás, Pedro Joseph - - Gobierno de los regulares de la América. 2 vols. Madrid, 1783. - - -Pastels, Pablo - - See Colín, Francisco. - - Misión de la compañia de Jesús de Filipinas en el siglo XIX. 3 - vols. Barcelona, 1917. - - -Pérez y López, Antonio Xavier - - Teatro de la legislación de España é Indias. 28 vols. Madrid, - 1791-1798. - - -Pons, Francisco Raymond Joseph de - - A voyage to the eastern part of Tierra Firma, or the Spanish - Main, in South America, during the years 1801, 1802, 1803 and - 1804. Tr. [from the French] by an American gentleman. New York, - 1806. [First ed., Paris, 1806.] - - -Prescott, William H. - - History of the conquest of Mexico. Philadelphia, 1890. - - -Priestley, Herbert I. - - José de Gálvez: visitor-general of New Spain, 1765-1771. Berkeley, - 1916. - - -Puga, Vasco de - - Provisiones, cédulas, instrucciónes de su magestad de esta - Nueva España (1525-1563). 2 vols. Mexico, 1878-1879. [First ed., - Mexico, 1563.] - - Real ordenanza de 13 de Octubre para el restablicimiento é - instrucción de intendentes de provincias y exércitos. Madrid, 1749. - - Real ordenanza para el establicimiento é instrucción de intendentes - de exército y provincia en el virreinato de Buenos Ayres. Madrid, - 1782. - - Real ordenanza para el establicimiento y instrucción de intendentes - de exército y provincia en el reino de la Nueva España. Madrid, - 1786. - - Reales ordenanzas formadas por el superior gobierno y real acuerdo - de estas islas en 26 de Febrero de 1768. Para el buen gobierno - de los gobernadores, corregidores y alcaldes mayores de sus - provincias. Manila, 1834. - - Recopilación de leyes de los reinos de las Indias. 5th ed., - 2 vols. Madrid, 1841. [1st ed., 4 vols., Madrid, 1681; 2d ed., - 4 vols., Madrid, 1754; 3d ed., 4 vols., Madrid, 1774; 4th ed., - 3 vols., Madrid, 1791.] - - -Retana, Wencesláo Emelio - - Catálogo abreviado de la biblioteca Filipina. Madrid, 1898. - - -Ricafort, Mariano - - Reglamento para establecer la comisión de policía, ordenada con - acuerdo de la real audiencia de las islas Filipinas. Sampáloc, - 1826. - - -Robertson, James Alexander - - Bibliography of the Philippine Islands. Cleveland, 1908. - - "Catholicism in the Philippines," in The Catholic historical - review, III, 375-391. - - "Legaspi and Philippine colonization," in American Historical - Association, Annual report, 1907, I, 143-156. Washington, 1908. - - "Notes on the archives of the Philippines," in American Historical - Association, Annual report, 1910, 423-425. Washington, 1912. - - "The social structure of, and idea of law among, early Philippine - peoples; and a recently-discovered pre-hispanic criminal code - of the Philippine Islands," in The Pacific Ocean in history - (Stephens and Bolton, editors), 160-191. New York, 1917. - - -Robertson, William - - The history of the discovery and settlement of America. New York, - 1858. [First ed., London, 1777.] - - -Rodríguez Bérriz, Miguel - - Diccionario de la administración de Filipinas. 17 vols. Manila, - 1887. - - -Rodríguez San Pedro, Joaquín - - Legislación ultramarina, publicada con la colaboración de Chorot, - Pierre, y Gonzales Junguitú. 16 vols. Madrid, 1865-1869. - - -Roscher, Wilhelm Georg Friedrich - - The Spanish colonial system. E. G. Bourne, ed. New York, 1904. - - -Salazar, Domingo de - - Carta relación de las cosas de la China y de los Chinos del Parián - de Manila, enviada al rey Felipe II desde Manila el 24 de Junio - de 1590. Madrid, 1897. - - -Salazar, Vicente de - - Historia de la provincia de santissimo rosario de - Philipinas. Manila, 1742. - - -San Agustín, Gaspar de - - Conquistas de las islas Filipinas. Madrid, 1698. - - -San Antonio, Juan Francisco de - - Chrónicas de la apostólica provincia de San Gregorio de religiosos - descalzos de N. S. P. S. Francisco en las islas Philipinas, China, - Japón. 3 vols. Manila, 1738-1744. - - -Santa Cruz, Baltasar de - - Tomo segundo de la historia de la provincia de Santo Rosario de - Filipinas. Zaragoza, 1693. - - -Schmidt, Gustavus - - The civil law of Spain and Mexico. New Orleans, 1851. - - -Schurz, William Lytle - - "The Chinese in the Philippines," in The Pacific Ocean in history - (Stephens and Bolton, editors), 214-222. New York, 1917. - - "The Manila galleon and California," in The Southwestern historical - quarterly, XXI, 107-126. - - -Shepherd, William R. - - Guide to the materials for the history of the United States in - Spanish archives. Washington, 1907. - - -Smith, Donald Eugene - - The viceroy of New Spain. Berkeley, 1913. - - Sobre una reseña histórica de Filipinas. Colección de articulos - que han visto la luz pública ... en refutación de los calumniosos - errores que el Doctor T. H. Pardo de Tavera ha escrito contra las - beneméritas ordenes religiosas de Filipinas en su reseña histórica, - impresa en Manila. Manila, 1906. - - -Solórzano Pereira, Juan de - - Política Indiana. Madrid, 1776. [First ed., Madrid, 1647.] - - Superior decreto sobre las funciones que debe llenar el - Sr. Intendente de Manila tocante al tesoro agricultural é - industrial del reino. Manila, 1829. - - -Stephens, H. M., and Bolton, H. E. (editors) - - The Pacific Ocean in history. New York, 1917. - - -Ulloa, Antonio de, and Juan y Santacilla, Jorge - - Noticias secretas de América. Londres, 1826. [Abridged and - translated into English, Boston, 1851.] - - -United States, Library of Congress - - Bibliography of the Philippine Islands: a list of books with - references to periodicals on the Philippine Islands in the Library - of Congress. Washington, 1903. - - -Vander Linden, Herman - - L'expansion coloniale de l'Espagne jusqu'au début du XIXe siècle, - in Lannoy and Vander Linden, Histoire de l'expansion coloniale - des peuples européens: Portugal et Espagne. Bruxelles, Paris, 1907. - - -Veitia Linaje, Joseph de - - Norte de la contratación de las Indias Occidentales. Seville, 1672. - - -Vindel, Pedro - - Biblioteca oriental ... relativas á Filipinas, Japón, China y - otras partes de Asia y Oceanía. Madrid, 1911. - - -Worcester, Dean Conant - - The Philippines, past and present. 2 vols. New York, 1914. - - -Zamora y Coronado, José María - - Apéndice al registro de legislación ultramarina. Havana, 1835. - - Biblioteca de legislación ultramarina en forma de diccionario - alfabético. 7 vols. Madrid, 1844-1849. - - -Zúñiga - - See Martínez de Zúñiga, Joaquin. - - - - - -MANUSCRIPT MATERIALS FROM THE ARCHIVE OF THE INDIES [884] - - -I. Audiencia de Filipinas. - -(a) Ramo Secular. - -1584-1700: Consultas originales correspondientes de esta -Audiencia. 67-6-3. [885] - -1568-1808: Registros de oficios y partes: reales ordenes dirigidas -á las autoridades y particulares de la audiencia. 105-2-11 to 18. 8 -legajos. - -1594-1698: Decretos originales correspondientes á dicha -audiencia. 67-6-4. - -1600-1700: Peticiones y memoriales sueltos decretados por el -Consejo. 67-6-5. - -1567-1699: Cartas y expedientes del Gobr. de Filipinas vistos en el -Consejo. 67-6-6 to 17. 12 legajos. - -1583-1699: Cartas y expedientes del presidente y oidores de esta -audiencia vistos en el Consejo. 67-6-18 to 26. 7 legajos. - -1564-1699: Cartas y expedientes de los oficiales reales de Filipinas -vistos en el Consejo. 67-6-29 to 33. 5 legajos. - -1565-1650: Cartas y expedientes de personas seculares de dicha -audiencia. 67-6-34 to 42. 9 legajos. - -1629-1791: Reales cédulas, mercedes y informes sobre -encomiendas. 105-2-24. - -1651-1699: Cartas y expedientes de personas seculares de esta -audiencia. 68-1-1 to 2. 2 legajos. - -1616-1700: Confirmaciones de encomiendas de Indios. 68-1-5 to 16. 12 -legajos. - -1572-1691: Autos y otros papeles del Gobernador de Filipinas Don -Juan de Silva contra los oficiales reales sobre uso excesivo de sus -oficios. 68-1-21. - -1670: Expediente formado de los procedimientos de Don Francisco -Samaniego Tuesta, Oidor de la Audiencia de Manila. 68-1-23. - -1615-1837: Materias gubernativas. 105-3-12. - -1608-1762: Cartas y expedientes del presidente y oidores de aquella -audiencia. 68-4-12 to 35. 24 legajos. - -1622-1825: Reales cédulas, nombramientos y informes acerca del -presidente, oidores y subalternos de la audiencia. 106-2-15. - -1651-1850: Duplicados de gobernadores de Filipinas. 105-4-7 to 24; -105-5-1 to 24; 105-6-1 to 24; 105-7-1 to 24; 106-1-1 to 27; 106-2-1 -to 14. 111 legajos. - -1670-1831: Inventario de cédulas y consultas. 105-2-5. - -1671-1756: Indices de la correspondencia del gobor., auda., -oficiales reales y sugetos particulares del distrito de aquella real -audiencia. 68-2-30. - -1675-1765: Cartas y expedientes del gobernador de Filipinas. 68-3-4 -to 33 and 68-4-1 to 11. 40 legajos. - -1684-1744: Expediente sobre la expulsión de los Sangleyes. 68-5-16. - -1685-1688: Testimonios de autos obrados en Acapulco, Méjico -y Filipinas, en razón de descubrir los bienes del gobernador de -Manila, Don Juan de Vargas Hurtado y su cuñado Don Francisco Guerrero -Ardila. 68-1-24. - -1687-1690: Testimonios de autos sobre la rebelión, conversión y -expulsión de los Sangleyes de China. 68-1-25. - -1699-1760: Cartas y expedientes del Virrey de Nueva España que tratan -de asuntos de Filipinas. 68-3-1 to 3. 3 legajos. - -1703-1850: Duplicados del presidente y oidores de la Audiencia de -Filipinas. 106-2-17 to 25; 106-3-1 to 28; 106-4-1 to 21. 58 legajos. - -1711-1722: Expte. sobre la restitución de las plazas de oidores de -la Audiencia de Manila á Don Gregorio Manuel de Villa y Don José -Antonio Pabón; y lo resuelto contra Don José Torralba, oidor de la -misma audiencia. 68-5-30 to 31. 2 legajos. - -1715-1727: Expte. sobre los procedimientos del Gobr. Don Fernando -Bustillo Bustamante y sobre la muerte violenta que sufrió dicho -gobernador y su hijo. 68-6-1 to 5. 5 legajos. - -1718-1784: Expte. sobre competencia entre el gobernador y audiencia -sobre remisión a España bajo partida de registro de Don Diego Martínez -de Araque, regente de la misma y otros ministros. 106-5-1 to 3. 3 -legajos. - -1728-1829: Remisiones al consejo, cámara y ministros. 105-3-10 to -11. 2 legajos. - -1729-1748: Gobiernos de los capitanes generales, Marqués de Torre -Campo, Don Fernández Valdés Tamón, Don Gaspar de la Torre, é interino -del Obispo de Nueva Segovia. 105-3-25. - -1740: Duplicados de la causa criminal y prisión de Don Cristobal -Pérez de Arroyo, fiscal de aquella audiencia, remitido por el -gobernador. 106-4-23 to 28. 6 legajos. - -1746-1767: Gobierno del capitán-general, Marqués de Obando. 105-3-26. - -1752-1762: Gobiernos de los capitanes-generales, Don Pedro Manuel de -Arandía y Don José de Crispo. 105-4-1. - -1753: Correspondencia del Gobernador Marqués de Obando, dando noticias -del estado de aquellas Islas. 105-4-2. - -1755-1789: Expediente sobre expulsión de los Sangleyes ó Chinos -Católicos por delitos de infidelidad y otros durante la ocupación de -la plaza por los Ingleses. 107-2-27 to 30. 4 legajos. - -1759-1821: Correspondencia con gobernadores. 105-4-3 to 4. 2 legajos. - -1762-1766: Expediente de la reclamación hecha por Inglaterra de dos -miliones de pesos capitulados en la toma de la plaza de Manila. 107-3-1 -to 2. 2 legajos. - -1765-1824: Informes sobre materias gubernativas. 105-3-13 to 14. 2 -legajos. - -1769-1780: Gobierno del Capitán-General Don Simón de Anda. 105-4-5. - -1776-1787: Gobierno de los Capitanes-Generales Don José Vazco y Vargas -y Don Felipe Veringuer de Marquina. 105-4-6. - -1691-1819: Informe sobre el ramo de tributos y renumeración de -Indios. 108-1-9. - -1682: Materias de real hacienda. 107-3-12. - -1733-1824: Materias gubernativas de la real hacienda. 107-3-11. - -1751-1833: Expte. sobre bienes de difuntos. 107-3-9. - -1755-1830: Cuentas de tributos, contribución directa y ramo á cargo -de los corregidores y alcaldes mayores. 108-1-10 to 13. 4 legajos. - -1759-1833: Cuentas de real hacienda. 107-7-25 to 32; 108-1-1 to -8. 16 legajos. - -1762-1765: Expte. relativo al sitio y toma de Manila por los -Ingleses. 107-3-3 to 6. 4 legajos. - -1773-1821: Expedientes de provisiones de empleos de real -hacienda. 107-3-13 to 14. 2 legajos. - -1783: Expte. sobre avalúo de la alcaicería de San Fernando, manejo, -ejercicio y facultades de su castellano y lo actuado contra Don -Fernando de Mier y Noriega que fué el primero. 107-3-8. - -1787-1849: Duplicados de superintendentes é intendentes de ejército -y real hacienda. 107-5-15 to 31; 107-6-1 to 31; 107-7-1 to 21. 69 -legajos. - -1784-1787: Expediente sobre establicimiento de intendencias y -sub-intendencias. 107-5-14. - -1794: Expte. de Don Frco. Fernández Cendero, Alcalde Mayor y Capitán -de Guerra de la provincia de Ilocos, sobre su residencia pendiente -de informe de la audiencia. 106-5-4. - -(b) Ramo Eclesiástico. - -1579-1697: Cartas y expedientes del Arzobispo de Manila. 68-1-32 and -33. 2 legajos. - -1569-1700: Cartas y expedientes de los misioneros de Filipinas. 68-1-37 -to 41. 5 legajos. - -1570-1696: Cartas y expedientes de personas eclesiásticas de -Filipinas. 68-1-42 to 44. 3 legajos. - -1586-1700: Cartas y expedientes del cabildo eclesiástico de -Filipinas. 68-1-35 to 36. 2 legajos. - -1597-1698: Cartas y expedientes de los obispos sufraganeos de Manila, -á saber, Nueva Segovia, Nueva Cáceres, Santissimo Nombre de Jesús o -Cebú. 68-1-34. - -1626-1795: Reales cédulas y informes sobre diezmos. 108-5-24. - -1681-1689: Testimonios de autos respectivos al Arzobispo de Manila -y otros. 68-2-1 to 2. 2 legajos. - -1692: Expte. sobre la extrañeza y prisión del Arzobispo de Manila -Don Fray Felipe Pardo y discordias ocuridas entre las religiones de -Santo Domingo y la Compañia de Jesus. 68-2-4 to 5. 2 legajos. - -1702-1832: Consultas de materias y provisiones eclesiásticas. 108-5-21 -to 22. 2 legajos. - -1726-1815: Reales cédulas y informes sobre medias anatas y mesadas -eclesiásticas. 108-5-19. - -1751: El Gobernador Marqués de Obando da cuenta con testimonio de los -informes que se han podido adquirir sobre el número de religiosos -que hay en aquellas islas y de los que necesitan para la reducción -de los indios gentiles. 108-6-27 to 28. 2 legajos. - -1760: Expte. del Obispo de Cebú, gobernador interino de aquellas Yslas -y el Arzobispo de Manila sobre en cual de los dos había de recaer el -mando de ellas. 108-6-29. - -1762: Expte. sobre embargo de bienes de Don Santiago de Orendain y -su mujer Doña Maria Dominga Arráez, vecinos de Manila, por deudas al -ramo de bulas de la Cruzada y otros excesos. 108-7-18 to 19. 2 legajos. - -1769: Pliegos remitidos al Consejo por el arzobispo para S. S. sobre -el estado de curato y fundamentos de los regulares para eximirse de -la jurisdicción del diocesano. 108-6-5 to 6. 2 legajos. - -1772: Expte. sobre la remoción de los religiosos de S. Agustín de -las doctrinas de la Provincia de Pampanga, secularización de curatos -de aquellas Yslas y sujeción de las religiones al real patronato y -visita de los ordinarios. 108-6-31 to 35. 5 legajos. - -1777: Expte. sobre competencia entre el Arzobispo de Manila, Obispo -Sufragano de Nueva Cáceres, vice-patrono real y fiscal de la real -audiencia, por disposición al presbítero Don Vicente Ygnacio de Arroyo -del curato de Santa Cruz. 108-6-36. - -1778: Expte. sobre aprobación de las ordenanzas de la Casa de -Misericordia de Manila é el permiso concedido para que esta pueda -remitir sus cuentas sin intervención de la real audiencia. 106-5-8. - -1778: Expte. de la real audiencia sobre el espolio del Arzobispo Don -Manuel Antonio Rojo y demandas introducidas contra él. 108-7-1 to -2. 2 legajos. - -1780: Cuatro exptes. unidos sobre pago de diezmo por los religiones -y naturales de aquellas Yslas, sin embargo de no estar en -practica.... 108-7-3. - - - -II. Secretaria de Nueva España. - -(a) Ramo Secular y Eclesiástico. - -1630-1759: Consultas y decretos originales. 68-2-8 to 12. 5 legajos. - -1671-1756: Indices de la correspondencia del gobernador, audiencia, -oficiales reales y sugetos particulares del distrito de aquella -audiencia. 68-2-31. - -(b) Ramo Secular. - -1724: Expte. sobre el registro del galeón de Filipinas nombrado el -Santo Cristo de Burgos que hizo viage el año 1723 desde el puerto de -Cavite al de Acapulco. 68-6-11. - -1728-1732: Expte. de la Hermandad de la Misericordia de Manila sobre -amplificación de sus facultades y privilegios. 68-6-16. - -1735-1741: Expte. sobre los 162,992 pesos que se sacaron del -comercio. 68-6-23. - -1739-1746: Testimonio de autos originados sobre la visita y composición -de tierras encargadas al Oidor Don Pedro Calderón, del Consejo de -S. M. 68-6-26. - -1740-1744: Expte. sobre la prisión y causa criminal seguida contra Don -Cristobal Pérez de Arroyo, fiscal de la Audiencia de Manila. 68-6-28 -to 31. 4 legajos. - -1741-1751: Exptes. y autos sobre la sublevación de los pueblos tagalos -y otros por vejaciones recibidas de los religiosos de Santo Domingo -y San Agustín, pacificados por el Oidor Pedro Calderón. 68-6-40 to -44. 5 legajos. - -1743: Testimonio de autos de la visita que hizo el Oidor Don José -Ygnacio de Arzadún, remitidos por la Audiencia de Manila. 68-3-32 to -35. 4 legajos. - -1743-1753: Exptes. sobre la presa que hicieron los Ingleses del -navío Covadonga y libertad de los oficiales que mandaba.... 68-6-38 -to 39. 2 legajos. - -1745-1755: Exptes. del subdelegado Don Pedro Calderón de la Barca -sobre tierras. 68-6-45. - -1752-1755: Expte. sobre las altercaciones sufridas por el comercio -de Filipinas á causa de las novedades introducidas por el Gobernador -Marqués de Obando. 68-6-50-51. 2 legajos. - -1756-1758: Expte. sobre los excesos cometidos por el Gobernador Don -Pedro Manuel de Arandía. 68-6-53. - -1644-1760: Provisiones de plazas togados de la Audiencia de -Manila. 69-1-1. - -1654-1745: Testimonios de autos que se hallaron sin cartas de remisión -entre los papeles del distrito de la Audiencia de Manila. 69-1-13 to -17. 5 legajos. - - - -(c) Ramo Eclesiástico. - -1660-1761: Cartas y expedientes de personas eclesiásticas del distrito -de aquella audiencia. 69-1-24 to 29. 6 legajos. - -1604-1696: Expedientes sobre la visita de los religiosos por los -ordinarios. 69-1-30 to 32. 3 legajos. - -1691-1696: Exptes. sobre que en las vacantes del arzobispado de Manila, -gobierne el cabildo eclesiástico. 69-1-34. - -1698-1704: Expediente sobre la resistencia hecha por las religiones -á presentar sus títulos de las tierras y estancias. 69-1-37. - -1702-1761: Cartas y expedientes del Arzobispo de Manila. 69-1-18 to -20. 3 legajos. - -1704-1719: Expte. sobre causa formada á Fray Bartólome Marrón, de la -Orden de Predicadores, por un manifiesto esto que imprimió y publicó -sobre varios puntos de real patronato. 69-1-38. - -1710-1730: Expte. sobre corregir las ordenanzas del Colegio Seminario -de San Felipe, etc. 69-1-40. - -1730-1740: Tres testimonios de autos pertenecientes á un expediente -... del cabildo eclesiástico de Manila, sobre organización de -boletas. 69-2-1. - -1737-1746: Expte. sobre erección de un seminario para la educación -de religiosos misioneros de la Orden de San Agustín. 69-2-3. - - - - - - - -NOTES - - -[1] Vander Linden, in his L'expansion coloniale de L'Espagne (p. 360), -states that the Philippine audiencia exercised fewer governmental -functions than did the audiencias of New Spain and Peru. It is true -that the jurisdiction of the Audiencia of Manila was confined to a -territory which was politically and economically of less importance -to Spain and to the world in general than New Spain and Perú. It is -the conviction of the writer that the distance and isolation of the -Philippines, their proximity to Japan, China, and the hostile colonies -of the Portuguese and the Dutch, the necessities of self-dependence -and defense, the corruption of the governors and officials and the -problem of dealing independently with the ecclesiastical organization -within the colony, forced the Audiencia of Manila to take upon itself -powers and responsibilities as extensive, at least, as were assumed -by the Audiencia of Mexico. - -[2] "Título expedido por los Reyes Católicos, 30 de Abril, 1492," -in Navarrete, Colección de viages, II, 9-11; also see Vander Linden, -op. cit., 277-283; 338. - -[3] See Altamira, Historia de la civilización española, II, 477-480; -Bancroft, History of Central America, I, 247-288; Helps, Spanish -conquest, (1856), I, 187-227: - -In the Spanish colonies an alcalde was usually an ordinary judge, -not always trained in the law to the extent of being a letrado or -togado. An alcalde ordinario or an alcalde de ayuntamiento tried cases -in first instance. An alcalde mayor or an alcalde de partido might try -cases on appeal from these. Generally speaking, alcaldes ordinarios -were town judges, in contrast to alcaldes mayores who had provincial -jurisdiction as well. Alcaldes ordinarios and regidores were members -of the town ayuntamientos or cabildos (municipal councils). Regidores -did not exercise judicial functions. - -[4] Recopilación de leyes de los reinos de las Indias (hereinafter -to be referred to as the Recopilación), lib. 2, tit. 2, ley 13. For -an account of the Recopilación, see footnote 40, below. - -[5] Bancroft, History of Central America, I, 269; see note 27 of -this chapter. - -[6] In some of the early Spanish colonies the alcalde was elected -by his fellow-townsmen. He exercised the functions of judge and -chief executive, subject to the governor, or adelantado, and in the -absence of the latter assumed the government of the colony. Alcaldes -in new settlements or on expeditions were different in character and -exercised functions distinct from those of the alcaldes of the later -periods. This earlier type probably existed in Española under Columbus -(see Bancroft, History of Central America, I, 175, 330, note 7). That -their duties varied in different colonies may be deduced from the -statement of Bancroft that "the alcaldes mayores of New Spain under -Cortés were merely entrusted with judicial powers ... later those -of San Luís Potosí and other places acted also as lieutenants for -captains-general, and exercised, in other respects, the duties and -ceremonies of governors" (Bancroft, History of Mexico, III, 520). The -term, therefore, does not always convey a clear impression of the -exact nature of the duties attached to the office. - -[7] Bancroft, History of Central America, I, 269. - -[8] Altamira, Historia, II, 479. - -[9] Bourne, Spain in America. 222; Vander Linden, L'expansion coloniale -de l'Espagne, 339; see note in Bancroft, History of Central America, -I. 280-283. - -[10] Bourne, Spain in America, 222; Moses, The Spanish dependencies -in South America. I, 250-1; see Col. Doc. Ined., XXXI, 139-155. - -[11] Recopilación, 9-1-2, 5. - -[12] Ibid., 2-2-82, auto 36; Desdevises du Dezert, Espagne de l'ancien -régime. Les institutions. 100-101; see Veitia Linaje, Norte de la -contratación de las Indias Occidentales, passim. - -[13] Zamora y Coronado, Biblioteca de legislación ultramarina, 1, -450-451; II, 374 et seq.; also Recopilación, 9-1-1, note 1; Vander -Linden, op. cit., 344. - -[14] Desdevises du Dezert, op. cit., 100. - -[15] Escriche, Diccionario, I, 578; see Desdevises du Dezert, -Les institutions, 95-102; Robertson, History of America, IV (Book -VIII), 21. - -[16] Recopilación, 2-2-2. - -[17] By the royal decree of March 24, 1834, the Consejo de Castilla -and the Consejo de Indias were amalgamated. In place of these was -created the Tribunal Supremo de España é Indias, with judicial -functions and a Consejo Real de España é Indias for governmental -and administrative affairs. On September 28, 1836, the Consejo Real -de España é Indias was suppressed. On July 6, 1845, the Consejo de -Estado assumed charge of affairs pertaining to the Indies, with -a separate Ministerio de Ultramar. This reform was re-enacted on -September 24, 1853 (Martínez Alcubilla, Diccionario, III, 313-315; -Escriche, Diccionario, I, 578-579). - -[18] It became the practice in later years to reward successful -colonial administrators, including viceroys, governors, and -magistrates, with membership in this council. Among those so elevated -were Juan Solórzano y Pereyra, magistrate of the Audiencia of Perú, -José de Gálvez, visitor of New Spain, Governor Simón de Anda y -Salazar, and the able fiscal, Francisco Leandro de Viana, of the -Philippines. These men rendered very distinguished service in the -colonies. - -[19] Recopilación, 2-15-2 to 14; see Danvila y Collado, Reinado de -Carlos III, III, 151-157. No attempt is made here to indicate all -subsequent changes. - -[20] Oidor, a ministro togado who heard and sentenced civil suits -in an audiencia (Escriche, Diccionario, II, 661). In this treatise -the Spanish term oidor will be retained throughout to designate a -magistrate of that particular class. Oidor is sometimes incorrectly -translated into "auditor", which in English means a reviewer of -accounts (Spanish, contador). The Spanish term auditor has a special -meaning, referring to a particular kind of magistrate, as auditor de -guerra, auditor de marina or auditor de rota (Escriche, Diccionario, I, -369-371). Blair and Robertson, in their Philippine Islands (Cleveland, -1908), have used the terms oidor and "auditor" interchangeably, or -rather, in almost all cases they have translated oidor as "auditor", -but this usage will not be followed here for the reasons given. - - The oidor is also to be distinguished from the alcalde del - crimen. The latter existed only in the larger audiencias of - Mexico and Perú, or in Manila, Havana or Puerto Rico in the - later nineteenth century. Alcaldes del crimen in the sixteenth, - seventeenth and eighteenth centuries were subordinate in rank to - oidores, but by virtue of the reforms of 1812, 1836 and 1837, the - latter were required to be togados, and the ministers of all the - audiencias were placed in the same class. (Escriche, Diccionario, - I, 154; I, 363-369; II, 661; Bancroft, History of Central America, - I, 297; see also Pérez y López, Teatro de la legislación, XXI, - 351-369; IV, 525-528; Martínez Alcubilla, Diccionario, I, 525-526.) - -[21] The original cédulas refer to this audiencia as La Audiencia -Real de la Nueva España--see Puga, Provisiones, cédulas, f. 7. - -[22] Zamora y Coronado, Biblioteca, I, 452; I, 483-486; Martínez -Alcubilla, Diccionario, VIII, under "Justicia". See also Danvila y -Collado, Reinado de Carlos III, VI, 157-158. - -[23] By the royal decree of May 23, 1879, the audiencias at Havana -and Manila were each given a civil and criminal sala and a fiscal was -provided for each sala as in the audiencias of Mexico and Lima. When -it was necessary, oidores could be transferred from one sala to the -other.--Colección legislativa de España, CXXII, 1093-1100. - -[24] Recopilación, 2-15-1. - -[25] See Professor Shepherd's brief description of the governmental -machinery of Spain's colonies, in his Guide to the materials for the -history of the United States in Spanish archives, 10-12; note also -the articles recently published by Desdevises du Dezert in the Revue -historique (CXXV, 225-264; CXXVI, 14-60, 225-270) under the title of -"Vice-rois et capitaines généraux des Indes espagnoles a la fin du -XVIII siècle." - -[26] Recopilación, 2-15-17. - -[27] Ibid., 2-15-2. Although the Recopilación and Danvila y Collado -(cited in note 19) give the date of the establishment of the Audiencia -of Santo Domingo as 1526, the royal decree issued at Pamplona, -October 22, 1523, is addressed to nros oydores de la audiencia real -de la Ysla Española (A. I., 139-1-6, tom. 9, fol. 225). There are -various references antedating 1526 in this and the following legajo. - -[28] Ibid., 2-15-3. For the exact limits of this audiencia see Puga, -Provisiones, cédulas, ff. 12-13; 47-48, and Hackett, "Delimitation -of political jurisdictions in Spanish North America to 1535," in -Hispanic American Historical Review, I, 60, note 102. - -[29] Ibid., 2-15-13, 14, 15. - -[30] Ibid., 5-1-2, 3; 2-15-4, 12. - -[31] Ibid., 5-1-16. - -[32] Zamora y Coronado, Biblioteca, I, 486-487. The following will -give some idea of the size and rank of the respective audiencias -of the Spanish colonies in the later eighteenth century. This table -was compiled from the Reglamento de 4 de Mayo, 1788 (Pérez y López, -Teatro, IV, 522-524). - - -Audiencia. No. of No. of Magistrates. Salary of Total - Salas. fiscales. regent, budget, - pesos. pesos. -Lima 2 2 15 10,000 95,000 -Mexico 2 2 15 9,000 85,500 -Charcas 1 2 5 9,725 43,745 -Chile 1 2 5 9,720 43,740 -Buenos 1 2 5 6,000 36,726 -Ayres -Manila 1 2 5 7,000 31,500 -Guadalajara 1 2 5 6,600 29,700 -Guatemala 1 2 5 6,600 29,700 -Santo 1 2 5 6,600 29,700 -Domingo -Santa Fé 1 2 5 6,600 29,700 -Quito 1 2 5 6,600 29,700 -Cuzco 1 1 3 9,000 27,000 -Caracas 1 1 3 5,000 18,200 - - -[33] Solórzano y Pereyra, Política Indiana (Madrid, 1647). This -was the first great general work on the political institutions -of the Indies, and probably the most valuable and comprehensive -of its kind ever published, barring possibly the Recopilación. It -comprises history, description, law, discussions of suits and cases, -litigation and legal citations. Its ample title-page states that -it is "divided into six books, in which, with great distinction -and study, are treated and resolved all matters relating to the -discovery, description, acquisition and retention of the Indies, -and their peculiar government, as well as concerning the persons of -the Indians and their services, tributes, tithes and encomiendas, -as concerning spiritual and ecclesiastical affairs and doctrine, -inquisitors, commissaries of crusade and of the religious. And in -regard to temporal affairs, concerning the secular magistrates, -viceroys, presidents, audiencias, the Supreme Council and its junta -de guerra, including a setting forth of the many royal cédulas which -have been despatched for the latter." Solórzano y Pereyra contributed -largely to the codification of the laws of the Indies. - -[34] See Chapter X of this book. - -[35] Recurso de fuerza, see footnote 3, Chapter XI of this work. - -[36] The origin and nature of the acuerdo is explained in Chapter VI, -note 78, of this book; see also Chapter III, note 37. - -[37] The oficiales reales consisted of the tesorero (treasurer), -contador (accountant) and factor (disbursing officer and supply -agent). See Recopilación, 8-4-34, 35; 8-2-5, 6. - -The laws of March 2, 1618, and of November 17, 1626, ordered that in -colonies having audiencias the acuerdos de real hacienda should be -attended by the president (governor or viceroy), fiscal, senior oidor, -and oficial real, respectively. In case there were no audiencia, -the session should then consist of all the oficiales reales and the -governor, and then the votes of the treasury officials should be final -(Recopilación, 8-3-8, 11, 12). Under certain circumstances the factor -was assisted by a veedor and a proveedor. The duties of the latter -officials were largely administrative (ibid., 8-4-38 to 39). - -Bancroft (History of Mexico, III, 520) states that "the provinces of -royal officials [oficiales reales] were merely revenue districts whose -heads received their appointment from the king, and administered -their office under a certain supervision from the viceroy and -governors attending their councils; yet they were responsible only -to the tribunal of finance in the viceregal capital, and this again -reported direct to Spain." See also Priestley, José de Gálvez, 76-82. - -[38] Bull of the Santa Cruzada, the apostolic bull by which the popes -conceded certain indulgences to those who went to the conquest of -Jerusalem, and later to the Spaniards who contributed alms to aid -in the war against the Africans. It was called cruzada because -the soldiers wore crosses as emblems (Escriche, Diccionario, I, -462). Funds for this purpose were raised in the Philippines, paid -into the insular treasury and deducted from the subsidy at Acapulco -(Recopilación, 1-20-24). As noted above, an oidor acted as asesor of -these funds (ibid., 2-16-23). - -[39] Solórzano y Pereyra, Política Indiana, II, 271-279. - -[40] The first attempt at the codification of the laws for the -governing of the colonies was made in New Spain in 1545, when the -ordinances for the government of that viceroyalty and audiencia -were printed. This collection was given the royal approval in -1548. A similar compilation was made in Perú in 1552 by Viceroy -Mendoza. The first intimation of a universal code is to be found -in the recommendations of the fiscal of the Council of the Indies, -Francisco Hernández de Liebana, in 1552. On September 4, 1560, Luís -Velasco, viceroy of New Spain, was ordered to print a compilation -of laws for the Audiencia of Mexico. This commission was given to -Oidor Puga of that tribunal and executed in 1563. In 1569 Viceroy -Francisco Toledo was ordered to make a similar compilation for Perú, -but the work was not completed at that time. The first volume actually -printed by authority of the Council was accomplished in 1593. This -was the beginning of the code of the Indies, but the volume which was -published pertained only to the regimen of the Council of the Indies -itself, and made no regulations for the colonies. A more extensive -collection of provisions, letters, orders and cédulas was published -on the authority of the Council by Diego de Encinas, a clerk of that -tribunal, in 1596. In 1603, the Ordenanzas reales para la Casa de -Contratación de Sevilla y para otras cosas de las Indias were printed -in the same city. Another ordinance was published for the regulation -of the contaduría mayor. - -Various compilations were made by the oidores from time to time, either -for their own use, or in compliance with the royal commands. Among -the latter, perhaps the most famous and certainly the most useful was -that of Juan de Solórzano y Pereyra, oidor of the Audiencia of Perú -and later a member of the Council of the Indies. This collection -was made at Lima in compliance with the commission of Philip IV, -issued in 1610. The work, consisting of six volumes, received -the stamp of royal approval on July 3, 1627. In 1623 León Pinelo -published a Discurso sobre la importancia, forma, y disposición de la -recopilación de leyes de Indias. On April 19 of that year Pinelo was -ordered to make an examination of all the existing laws and cédulas -relative to the government of the colonies, printed or in manuscript, -with a view to codification. A magistrate named Aguilar y Acuña was -ordered to collaborate with him. The result of these proceedings was -a Sumario de la Recopilación General, which continued under process of -compilation for a half century. It was finally perfected and published -in 1677. In 1668 Pinelo's work was issued as the Autos acordados y -decretos de gobierno del Real y Supremo Consejo de las Indias. - -Although the collection was practically ready by 1677, it was not -officially accepted until May 18, 1680. On that day it was promulgated -by Charles II, king of Spain. On November 1, 1681, the work was ordered -published by the India House, and the Recopilación de los Reynos de -Indias was issued at Madrid in four volumes. Subsequent editions were -printed in 1754, 1774, 1791 and 1841. The last-mentioned contains in -its index reforms down to 1820. A Recopilación Sumaria was published in -Mexico in two volumes in 1787. The compilations of Zamora y Coronado, -Rodríguez San Pedro and Pérez y López, cited repeatedly in this work, -contain later laws, and serve in the place of the Recopilación for -the more recent periods. - -Authorities: Solórzano y Pereyra, Política Indiana, I, Introduction; -G. B. Griffin, "A brief bibliographical sketch of the Recopilación de -Indias" in Historical Society of Southern California, Publications, -1887; Fabié, Ensayo histórico de la legislación española; Puga, -Provisiones, cédulas, (1563); Garcia Icazbalceta, Bibliografía -Mexicana del siglo XVI, (1886), 25-26; Bancroft, History of Mexico, -III, 550-551; History of Central America, I, 225-288; Antequera, -Historia de la legislación española, 480-483. - -[41] Altamira, Historia, IV, 165-166. - -[42] Recopilación, 5-2-2, 3, 7, 15, 19, 28. In this case a local -military functionary. - -[43] Ibid., 37, 39, 41; Moses, Establishment of Spanish Rule in -America, 83-84; Vander Linden, L'expansion coloniale de l'Espagne, -345-361. - -[44] Repartimientos or polos; referring to the forced labor of natives -on public works, such as ship and road-building. The provincial -officials exercised supervision over this obligatory service, and were -held responsible for the proper execution of the laws appertaining -thereto (Blair and Robertson, The Philippine Islands [hereinafter -cited as Blair and Robertson], XIX, 71-76). - -[45] Cartas y expedientes de gobernadores de Durango, (1591-1700), -Archivo de Indias, Sevilla, [hereinafter cited as A. I.,] 66-6-17, -18 (these numbers refer to archive place); Cartas y Expedientes del -Virrey de Mégico que tratan de asuntos de Guadalajara (1698-1760), -A. I., 67-2-10 to 13. These two series contain hundreds of letters -on this subject, as do other series, relating to Nuevo León, Nueva -Galicia, Nueva Vizcaya, and New Mexico. - -[46] This was true of San Luís Potosí and Guadalajara in New Spain. See -Bancroft, History of Mexico, III, 520; History of Central America, -I, 297; Moses, Establishment of Spanish rule in America, 83. - -[47] Bancroft (History of Central America, I, 297) defines the -corregidor as a magistrate with civil and criminal jurisdiction in -the first instance, and gubernatorial inspection in the political -and economic government of all the towns of the district assigned -to him. There were corregidores letrados (learned in the law), -corregidores políticos (political and administrative), de capa -y espada (military) and políticos y militares (administrative and -military). When the corregidor was not a lawyer by profession, unless -he had an asesor of his own, the alcalde mayor, if possessed of legal -knowledge, became his advisor, which greatly increased the importance -of the last-mentioned official. The alcalde mayor was appointed by -the king. It was required that he should be a lawyer by profession, -twenty-six years of age, and of good character. Practically, in cases -of this kind, when the governor was not a letrado, civil, criminal, -and some phases of military authority devolved on the alcalde mayor; -the first two ex-officio, and the latter as the legal advisor of the -military chief. In new colonies this officer was invested with powers -almost equal to those of the governor.--See Recopilación, 5-2. - -[48] The first encomiendas in the Philippines were granted by -Legaspi in 1572 (Montero y Vidal, Historia general, I, 42-43). The -encomenderos ruled the Indians in their care with little interference -from alcaldes mayores, corregidores, or governors. Vander Linden -especially emphasizes the fact that the encomenderos were not supposed -to act as the private masters of the Indians on their holdings, -but were to act as the representatives of the king (Vander Linden, -L'expansion coloniale de l'Espagne, 345-346). The laws of the Indies -specified that the encomenderos were to protect, aid and educate -them, seeing particularly that they were taught the Catholic Faith -(Recopilación, 6-8, 9, 10, 11; esp. tit. 9, laws 1-4). - -The encomenderos, in the guise of benefactors, guardians and protectors -of the Indians, supervised the labor of the latter on the encomiendas, -drawing remuneration therefrom, collecting tribute from them, and -retaining a share of that. Aside from the very intimate relationship -of the encomenderos as the guardians of the Indians in spiritual and -temporal things, they were not considered as officials in the same -sense as were the alcaldes mayores and corregidores. - -Dr. Pardo de Tavera characterizes the duties and relations of the -encomenderos to the Indians as follows: "The encomenderos were the -first Spaniards after the conquest and pacification of the colony who -represented the civil authority of Spain in the Islands: they were -obliged to maintain order and secure the well-being of the Indian -residents of their encomiendas or holdings, and to defend their -tenants against any encroachments on their rights by the Spaniards, -soldiers, alcaldes, and judges; and to endeavor to bring their tenants -together in towns and furnish them with opportunities to be converted -to the Christian religion, and to help them build churches and convents -... encomenderos were charged with the succor and support of the people -on their holdings in case of any calamity, famine or public disaster, -and they were prohibited from charging tribute in bulk against the -various barangayes, that is to say, they should not make the chiefs of -a family or tribe responsible for the payment of tribute by the various -members, nor were the encomenderos allowed to use force to secure the -payment of a tribute. When an encomendero received a tribute from his -people, he thereupon was considered to have assumed the duty of acting -as their protector" (Pardo de Tavera, Philippines census [1905], I, -330). Suffice it to say that, theoretically, the encomenderos were -the fatherly protectors and benefactors of the helpless, childlike -natives, and their every act was to be for the good of their wards. - -[49] Antequera, Historia de la legislation española, 486-487; Bourne, -"Historical introduction," in Blair and Robertson, I, 56. - -[50] Recopilación, 6-8-38 to 39; 8-9-20 to 24. It seems that the -oficiales reales merely supervised the collection of tribute, which -was really accomplished in the provinces by the alcaldes mayores -and corregidores, who acted as their agents. Martinez de Zúñiga, An -historical view of the Philippine Islands, I, 2; Ordinances of Good -Government, Blair and Robertson, L, 191-264; Recopilación. 6-5-64; -Montero y Vidal, Historia general, I, 380-385. - -[51] The Relación of Miguél de Loarca, alcalde mayor of Arévalo, Panay, -gives us a good idea of the rapidity with which this institution spread -within ten years in the Philippines. It indicates the extent to which -the encomienda was utilized as a means of opening up and settling the -country. This report is dated June 12, 1582. At that time there were -three principal centers of administration in the Islands: Manila, -Cebú and Arévalo. About thirty encomiendas were located close to -Manila, ten were near to Cebú, and fifteen near to Arévalo under the -jurisdiction of Loarca. The latter group consisted of about 20,000 -Indians. Encomiendas varied in size from 250 to 1500 natives, but -the ideal encomienda was supposed to contain 500 souls. By cédula, -of August 9, 1589, royal authority was extended for the increase of -the size of encomiendas in the Philippines to 800 or 1000 persons, -if necessary, in order to bear the greater expenses of instruction and -defense. This was bitterly opposed by the churchmen on account of the -additional missionary labors incumbent on the priests assigned to these -larger encomiendas (Cédula of August 9, 1589, A. I., 105-2-11). Philip -II, on November 30, 1568, had ordered that no encomienda should yield -more than 2000 pesos (Recopilación, 6-8-30). - -Loarca states that there were also encomiendas in the Camarines -provinces in southeast Luzon and in IIocos, in the north of the same -island. These encomiendas were under the jurisdiction of the alcaldes -mayores and corregidores governing those provinces. (Relation by -Loarca, Blair and Robertson, V, 35-187.) - -[52] Report of Governor Dasmariñas on the encomiendas of the -Philippines, May 31, 1591, in Blair and Robertson, VIII, 96-141. - -[53] Blair and Robertson, VII, 269-294, Salazar to the Governor, -January 25, 1591; Reply of the Governor [no date], ibid., 294-300; -Carta del Obispo de Manila sotre la muerte de Ronquillo y los excesos -que este cometió..., A. I., 68-1-32; Memorial de las cosas ... dignas -de remediar en la Isla, Zulueta Papers. Place numbers not given. These -are examples of the hundreds of complaints, mostly by churchmen, -against the abuses of the encomenderos. It would be impossible to -cite them all. - -The Zulueta Papers are transcripts from the Archive of the Indies of -Seville, the National Library of Madrid, and the British Museum. They -were copied under the direction of a Filipino scholar, Señor -Zulueta. These Papers are now in the Philippines Library at Manila. - -[54] On June 4, 1620, the governor of the Philippines was authorized -to bestow encomiendas, with the provision that if he neglected -to do so for a period of sixty days the vacant holdings should be -bestowed by the audiencia. On October 24, 1655, Philip IV ordered -that acting viceroys and acting governors should be limited to the -faculty of providing encomiendas ad interim, subject to the subsequent -ratification of the Council of the Indies (Recopilación, 6-8-8, 1-4, -5, 8, 11, 22). - -[55] Blair and Robertson, III, 304-306. - -[56] In this connection may be noted the distinction between -the two classes of encomiendas which was made for purposes of -administration. Private encomiendas were those which had been -granted to private persons, conquerors, discoverers, soldiers, or -persons who paid a regular rent, usually a third of the gross tribute -collected. These were originally granted for life, and might be held -for two subsequent generations. Later (after 1655), the usual period -of confirmation was ten years, for persons who rented encomiendas -as a business proposition. The royal encomiendas were situated near -cities or ports and the income from them was reserved for the expenses -and necessities of the royal estate, the payment of salaries, and -other governmental expenses. Private encomiendas became royal on the -death of an incumbent if he had no heirs, or on the expiration of the -contract. The tribute from royal encomiendas was collected by the royal -treasury. Morga's Sucesos, Blair and Robertson, XVI, 157; also ibid., -VIII, 27; see Bourne, "Historical introduction," ibid., I, 39-40. - -On June 7, 1597, the king, as a suggestion for the increase of funds -for the maintenance of the government, wrote to the audiencia that a -greater number of royal encomiendas should be established, and that -the governor should not be permitted to assign so many to private -persons (King to the Audiencia, June 7, 1597, A. I., 105-2-1). On -February 16, 1602, the king again addressed the audiencia on the -subject of the royal encomiendas, desiring to know why the tribute -from them had so materially decreased, it having reached the low mark -of 2500 pesos. In answer, the same reason for this falling off was -suggested as in the letter above quoted, namely, that the governor -had assigned many encomiendas to his friends (King to the Audiencia, -February 16, 1602, A. I., 105-2-1). Francisco de la Misa, factor of -the royal treasury of Manila, in a letter to the king, dated May 31, -1595, stated that the royal encomiendas, which had been established to -provide revenue for the payment of the salaries of alcaldes mayores, -tenientes, oficiales reales, and even that of the governor, had -diminished greatly in number, so that not enough revenue was derived -from them to meet the expenses for which they had been created. Misa -concluded with a recommendation that eight royal encomiendas of the -value of 8000 pesos a year should be established out of the first -private encomiendas that were vacated (Misa to the King, May 31, -1595, A. I. 67-6-29). - -[57] Salazar to the Council of the Indies, June 20, 1582, A. I., -68-1-32. - -[58] Ronquillo de Peñalosa to the King, July 15, 1582, A. I., 67-6-6. - -[59] Morga's Sucesos, Blair and Robertson, XV, 59-60; Carta del -Obispo de Manila sobre la muerte de Ronquillo, y de los excesos que -este cometio, ... A. I., 68-1-32. - -[60] Ibid. - -[61] The cédula of March 1, 1551, had forbidden the bestowal of -encomiendas on ministers of justice, treasury officials, viceroys, -ecclesiastics, and governors. According to the terms of the appointment -of Gonzalo Ronquillo de Peñalosa as proprietary governor, he had been -allowed an encomienda in each principal town. See Recopilación, 6-8-12. - -[62] Op. cit. - -[63] Including the two principal Spanish historians of the Philippines, -Martínez de Zúñiga (Estadismo, I, 243) and Montero y Vidal (Historia -general, I, 88). - -[64] These letters, dated June 18, 1583, are among the Zulueta Papers -at Manila. - -[65] A procurador, according to Escriche (Diccionario, II, 759), -"is one who, by virtue of power or faculty conceded by another, -acts in his name." There were in later times several procurators -representing different interests of the Philippines at the Court -of Madrid. The associated merchants had one or more, the consulado, -each religious order, etc. These procuradores were usually lawyers, -not infrequently men who had been in the islands. An interesting -parallel might be noted between the procuradores and the American -colonial agents of prerevolutionary days. Zúñiga here gives Rivera -entire credit for the bringing of the audiencia to Manila--op. cit., -I, 175. See note 16, supra. - -[66] The alcabala (al que vale, "according to value") was a -percentage tax levied on goods (movable and immovable) sold or -exchanged. Merchants were held accountable for the payment of this tax, -and for this purpose their accounts were examined by royal officials -at regular intervals (Escriche, Diccionario, I, 143). It was first -introduced into the Indies by Philip II in 1574, having been levied in -Spain as early as 1079, though not in its perfected form. In accordance -with the tariff of November 1, 1591, it was exacted from merchants, -apothecaries, encomenderos (having farms and cattle-ranches), -ragpickers, cloth-makers, silversmiths, goldsmiths, blacksmiths, -and shoemakers. An alcabala was paid on wine. By the cédula of June -7, 1576, the rate of alcabala was fixed at two per cent. In Perú it -was raised to four per cent during the administration of the Conde -de Chinchón as viceroy and was collected at that rate there until the -cédula of July 26, 1776, raised it to six per cent. This rate was paid -thereafter in the Spanish colonies (Recopilación, 8-13-1 to 14, notes, -2 and 4), except for an increase in the rate to 8 per cent in 1782, to -meet the added expenses of war. The old rate of 6 per cent was restored -in 1791 (transcripts of these cédulas exist in A. I., 87-1-20). - -Exemptions from this tax were made in favor of churches, monasteries, -and prelates when they bought or sold goods not for profit. When they -engaged in commerce for its own sake they were obliged to pay the -alcabala in the same way as laymen (Recopilación, 8-13-17). Goods -belonging to the Santa Cruzada, provisions bought, sold or stored -which were destined for the poor, and munitions of war paid no alcabala -(ibid., 18-23). Indians were also exempted under certain circumstances -(ibid., 24; see entire Title 13 of Book 8, Recopilación, for further -specifications regarding the payment of this tax). In 1568 Philip -II exempted the Philippines for thirty years. As noted above, the -alcabala was not introduced regularly into the Indies until 1574, -though it was levied in individual cases as early as 1558. Even -earlier than this Pizarro had obtained the right to levy it in Perú -for a period of a hundred years (ibid., 8-13-1; note 1), but Philip II -ordered it paid in the Philippines on August 9, 1589 (ibid., 9-45-66). - -The almojarifazgo, like the alcabala, had been utilized early in the -history of the Peninsula and because a productive source of revenue, -it was introduced into the Indies. The earliest law dealing with -this tax in New Spain was promulgated by Charles V on October 18, -1553, exempting cargoes which had already paid the tax in Spain. On -June 24, 1566, and on December 28, 1568, Philip II ordered a five -per cent export tax on all goods leaving Seville for the Indies -(the ordinance of December 28, 1562, having fixed it at two and a -half per cent) and an import tax in the Indies on these same goods -of ten per cent, making in all a tax of fifteen per cent. Wine was -to pay a ten per cent import and export tax respectively, making a -total of twenty per cent paid on that commodity (ibid., 8-15-1, 2, -8). The law of April 21, 1574, ordered a two and a half export and -a five per cent import tax on goods shipped between colonies (ibid., -10). On August 9, 1589, a three per cent almojarifazgo was authorized -in the Philippines, with exemptions on provisions, munitions, and -other specified articles brought to the Islands by the Chinese, -Japanese, Siamese, and Borneans (ibid., 22, 24). The tax on Chinese -merchandise was raised from three to six per cent on November 20, -1606 (ibid., 23). Chinese goods from the Philippines paid a ten per -cent almojarifazgo at Acapulco. This tax was also paid on leaving -the Philippines or other New Spain ports and on entrance at Acapulco -(ibid., 21). For exemptions see Recopilación, 8-15-26 to 30. - -[67] Rivera to the King, February 16, 1582, A. I., 1-1-2/24. - -[68] A legal defender of the Indians was wanted in this case to serve -them in the courts. The bishop, at this time, was protector of the -Indians and in that capacity had protested against the abuses of the -encomenderos. The bishop, of course, could not enter the courts and -defend the Indians in litigation. - -The law of March 17, 1593, which ultimately established a defender -of the Indians in Manila, filled the need voiced by Rivera. The -law referred to read as follows: "The protection and defense of the -Indians in the Philippines was entrusted by us to the bishops there, -but having recognized that the latter cannot conform to the demands, -autos and judicial summons which require their personal presence, -we order that our president-governor shall name a protector and -defender of the Indians, assigning to him a sufficient salary from -the taxes levied pro rata upon the Indians who are under the royal -jurisdiction and on private encomiendas, without touching the revenues -of our royal hacienda which are for other purposes. And we declare that -this does not signify that it is our intention to deprive the bishops -of the superintendence and protection of the Indians in general" -(Recopilación, 6-6-8). - -Philip II, on January 10, 1589, restored the office of protector or -defender of the Indians in the Indies generally. It was stated in -this law that as a result of the earlier abolition of the office -many inconveniences and injustices had arisen. The law authorized -the appointment of a person of good character and morals to the -office (ibid., 1). The reform of April 9, 1591, required that the -appointee should be a lawyer, and that there should be a defender of -the Indians attached to each audiencia (ibid., 3). The reform of March -11, 1784, provided that the fiscales should name these protectors in -the future. (Ibid., note 1.) - -[69] The Audiencia of Guadalajara was at that time subordinate to -the Viceroy of New Spain in matters of war, government, and finance -(hacienda). Ibid., 2-15-47, 49 to 54. - -[70] Rivera to the King, June 26, 1583, A. I., 1-1-2/24. - -[71] Foundation of the Audiencia, Blair and Robertson, V, 274-318; VI, -35-43; also in A. I., 1-1-3/25, the latter being the original cédula, -signed by the king and ministers. - -[72] Ibid. - -[73] Permission had been granted by Philip II on July 4, 1570, -to enslave Mindanaos. A second cédula permitting the Spaniards in -the Philippines to do this was promulgated by Philip III on May 29, -1620. This act was rendered justifiable in the eyes of the Spaniards -by the fact that they were dealing with semi-savages who were of -the Mohammedan faith, and accordingly the ceaseless enemies of the -Spaniards. Recopilación, 6-2-12. - -[74] Recopilación, 3-10-13, 14; see Chapter VIII of this book. - -[75] Recopilación, 2-15-55, promulgated November 4, 1606; see also -6-18-5 and 5-3-24. - -[76] Dávalos to the King, July 3, 1584, A. I., 67-6-18. - -[77] Audiencia to the Council of the Indies, June 26, 1586, A. I., -67-6-18. - -[78] The Recopilación is singularly indefinite regarding the rate or -amount of tribute to be assessed in New Spain. Beyond the stipulation -that tribute levied under the supervision of viceroys, presidents, -and audiencias should be moderate and just, practically nothing is -said as to the amount that should be collected (See cédulas of June 19, -1536, and September 29, 1555, Recopilación, 6-5-21), excepting certain -increases as stipulated in the law of November 1, 1591 (ley 16). - -According to the laws just cited, the rate was to be fixed by the -officials mentioned above. By cédula of December 19, 1534, the -oficiales reales were empowered to fix the rate of tribute (ibid., -28). Reductions in the rate of tribute were to be authorized by -the fiscal and oficiales reales (ibid., 29). Apparently the rate -varied according to the locality (ibid., 1 to 5, 16, 17), and in the -cédulas of 1536 and 1555, cited above, consideration was given to -the rate formerly paid by the Indians to their caciques. Fonseca y -Urrutia (Historia de la real hacienda, I, 417 et seq.) tell us that -the tribute paid in the province of Tlascala in 1572 was 13 reales; -in 1564 the rate for New Spain was fixed at two pesos, and in 1600 it -was reduced to one peso of eight reales. (Bancroft, History of Mexico, -II, 586-9.) Humboldt (Political Essay, II, 431-2) states that there -had been a gradual diminution of tribute paid by the Indians during -the hundred years preceding his visit. In 1601, he states, Indians -paid 32 reales tribute and 4 reales additional, de servicio, in all, -about 23 francs. It had been reduced, little by little, till the -amount actually paid was from 5 to 15 francs, and, "in the greater -part of Mexico," he states, "the head-tax amounts to 11 francs." - -Archbishop Benavides, of Manila, writing in 1600 (Zulueta Papers, -date and place number not given) pleaded for the abolition of the -tribute in the Philippines, stating that while the collection of -tribute in New Spain was justifiable because the natives had been -accustomed to paying tribute before the Spaniards came, the custom was -entirely new in the Philippines, since the native princes had never -levied tribute. On the other hand, various persons writing from the -Philippines at different times urged that the tribute there should -be increased to the rate imposed in New Spain. - -The money value of the tribute in the Philippines was fixed at eight -reales by Legaspi. It could be paid either in gold or in kind. De -Morga tells us that the encomenderos made great profit by receiving -the payment in rice, cotton, cloth, fowls, and other commodities, at -a cheap rate, selling those same articles later to the improvident -natives at greatly increased prices (Morga's Sucesos, Blair and -Robertson, XVI, 159). When Dasmariñas arrived as governor in 1590, -the tribute was raised from eight to ten reales (cédula of August 9, -1589, Recopilación, 6-5-65, also A. I., 105-2-11). While the eight -reales were to be appropriated by the encomenderos, the additional -two reales were to be distributed between the religious and military -governments in proportions of one-half to one and a half (Blair and -Robertson, XVI, 160). - -In the instructions of May 23, 1593, to Governor Dasmariñas, reference -was made to a current rate of eight reales (ibid., IX, 249), so it -would seem that the local rate had been reduced from ten to eight -reales at some date between 1589 and 1593. On February 16, 1602, -the rate was restored at ten reales (Recopilación, 6-5-65), and was -so continued until a subsequent regulation made optional on the part -of the natives the payment of the ten reales or four reales and a -fowl. On August 19, 1623, Fray Juan de Balmaseda complained that the -encomenderos were making the natives pay ten reales in addition to -the fowl and that the above law was thus resulting in the payment of -sixteen reales tribute (A. I., 68-1-63). Accordingly, on November 21, -1625, a cédula was issued which eliminated the substitution of the -fowl, and the rate was restored at ten reales, payable in gold or -silver (A. I., 105-2-1). The king, in response to complaints against -the collection of tributes in the provinces of Camarines and Albay, -issued a cédula on September 25, 1697, ordering the observance in -the Philippines of Book 6, Title 5, of the Recopilación de Indias, -which meant the correction of the abuse above referred to (A. I., -68-4-12). It would seem that the rate of ten reales was levied -throughout the seventeenth century. - -[79] Audiencia to the Council of the Indies, June 26, 1586, A. I., -67-6-18. - -[80] Dávalos to the King, June 20, 1585, A. I., 67-6-18. - -[81] Pereyra to Santiago de Vera, July 10, 1597, A. I., 68-1-33. - -[82] This involves the real patronato, which will be dealt with in -Chapter X of this book. - -[83] Dávalos to the King, June 20, 1585, A. I., 67-6-18. - -[84] Memorial of Salazar, June 24, 1590, A. I., 67-6-67. - -[85] Ibid. - -[86] Memorials of the organization and officials of Manila for the -removal of the royal audiencia, June 26, 1586, A. I., 68-1-33. - -[87] Dávalos to the King, June 20, 1585, A. I., 67-6-18. - -[88] Santiago de Vera to Contreras, June 20, 1585, Blair and Robertson -VI, 67-68. - -[89] See Recopilación, 9-45, for regulations of the galleon trade -between Acapulco and Manila. By these laws, promulgated from 1583 to -1636, the governor of the Philippines was given authority in Manila -over the dispatching, manning, lading, and control of the galleon -(see Recopilación, 9-45-3, 4, 20, 24, 29, 40, 41, 42, 44, 45, 59). He -retained these powers until the latter part of the eighteenth century, -when the abuses resulting from his control were eliminated (Martínez -de Zúñiga, Estadismo, I, 268). - -[90] Montero y Vidal, Historia general, I, 94-95; Martínez de Zúñiga, -An historical view, I, 183-186; see Ortega's Memorials to the King, -Blair and Robertson, IX, 95-119. - -[91] Memoria y consultas de Fr. Alonso Sánchez (no date given), -A. I., 67-6-27; see also Juan de la Concepción, Historia general -de Filipinas [cited hereinafter as Concepción, Historia general], -II, 103-184. These agreements are interesting because they show -how intensely nationalistic were the respective sentiments of the -Spaniards and Portuguese with regard to their Asiatic colonies, -notwithstanding the fact that since 1580 the home governments of -the two nations had been united. This correspondence illustrates -the fact that the Portuguese regarded their former colonies as still -distinctively their own. - -[92] Royal cédula for the restoration of the Audiencia of Manila, -November 25, 1595, A. I., 106-4-19. - -[93] Morga's Sucesos, Blair and Robertson, XV, 65-66. - -[94] Suppressed Audiencia to the King, June 20, 1590, Blair and -Robertson, VII, 208-211; also Recopilación, 2-15-181. - -[95] Salazar to Felipe II, June 24, 1590, Blair and Robertson, -VII, 252. - -[96] Morga's Sucesos, Blair and Robertson, XV, 75. - -[97] Dasmariñas to Felipe II, June 20, 1591, Blair and Robertson, -VIII, 142-168, passim. - -[98] Salazar, on reaching the Spanish court, was made first archbishop -of the Philippines. He died on December 4, 1594, before he could -assume his new post. - -[99] Cédula of January 17, 1593, Blair and Robertson, VIII, 315. - -[100] Ibid.; see also cédula of same date in Recopilación, 6-6-8. - -[101] Morga remained in the Philippines throughout a period of -eight years and during this time distinguished himself as a lawyer -and judge, administrator, soldier, and later as a historian. It was -due to his energies as senior magistrate that Van Noordt, the Dutch -free-booter, was defeated at the entrance of Manila Bay. Morga, in -his Sucesos, already quoted several times, has left us a scholarly -view of conditions as they existed at the time of his residence in the -Islands. Morga left the Philippines on July 10, 1603, with a promotion -to the Audiencia of Mexico; he served in New Spain for several years -and in 1616 he was again promoted to the post of president of the -Audiencia of Quito. - -[102] Dasmariñas to the King, December 6, 1595, A. I., 67-6-18. - -[103] Misa to the King, May 31, 1595, A. I., 67-6-29. - -[104] The amount legally permitted to be taken to the Philippines -at this time was 500,000 pesos (subsequently 1,000,000 pesos). The -galleon, on the voyage from Manila to Acapulco, could carry merchandise -to the registered value of 250,000 pesos (later 500,000 pesos). This -regulation was first enacted January 11, 1593 (Recopilación 9-45-6, -9). On the same date residents of New Spain were forbidden to trade -in the Philippines and the entire Philippine and Chinese trade was -expressly reserved to subjects in the Philippines. The latter were -given the exclusive privilege of sending goods to New Spain (ibid., -1). They were permitted to buy only from the Chinese merchants who came -to Manila (ibid., 34).--See Martinez de Zúñiga, Estadismo, I, 266-270. - -[105] Cédula of January 11, 1593, Recopilación, 9-45-44. - -[106] Morga to Philip II, July 6, 1596, Blair and Robertson, IX, 271. - -[107] Ordinance for the re-establishment of the Audiencia of Manila, -November 26, 1595, A. I., 106-4-19; also in Blair and Robertson, -IX, 189-191. - -[108] The Archbishop of Manila, in a letter to the king, on August 15, -1624, stated that the principal motive which influenced Philip II to -re-establish the audiencia at the time of Governor Tello, was that in a -district so remote and distant from his royal presence the governors -might not be so absolute, but that there might be a superior arm -to check them, and to prevent their extortions from innocent people -(Blair and Robertson, XXI, 95). It is certain, too, that the audiencia -was also destined to champion the royal prerogative in the face of -the encroachments of the higher officials of the church. This need -was especially urged by Morga. - - Grao y Monfalcón, the procurator of the merchants of Manila at the - court in 1636, wrote on June 13 of that year: "In the year 590 the - royal Audiencia of Manila was suppressed ... and its suppression - must also be reckoned among the hardships of that city ... because - of those which it suffered until the year 597, when the Audiencia - was reëstablished (sic)." (Blair and Robertson, XXVII, 189). - -[109] Pancada, the wholesale purchase of the goods brought to Manila -by the Chinese. These goods were bought by a committee of two or -three persons, acting for the governor and ayuntamiento, then sold -or apportioned among the merchants of the city in proportion to the -amount of money which they were able to invest. This arrangement -was designed to give all the merchants a chance to buy and at the -same time to prevent the Chinese from selling at exorbitant prices -(Cédula of January 11, 1593, Recopilación, 9-45-34.) - -[110] Cédulas of May 5, 1583, and May 25, 1596, Recopilación, -2-15-11. It will be noted that this authority was granted to the first -audiencia established in Manila. This same faculty was conferred -by the Ordenanzas nuevamente formadas para el régimen y govierno -de la audiencia nacional de Manila, Art. I, Chap. 1, Sec. 1 (A. I., -106-4-19). - -[111] Martínez de Zúñiga has this to say concerning the work and -purpose of the tribunal: "The royal audiencia was established to -check the despotism of the governor, whom it has never impeded, -because its learned members were always the weaker, and the governor -may send them as prisoners to Spain, exile them to the provinces to -take census, or imprison them in Fort Santiago, as has been done" -(Martínez de Zúñiga, Estadismo, I, 244). - -[112] Recopilación, 2-15-32. - -[113] Ibid., 34-36, 44. - -[114] Ibid., 41. - -[115] Certain phases of these questions remained within the -jurisdiction of the church courts. - -[116] Recopilación, 2-15-53. - -[117] Parián, a market-place; the name given to the quarter set aside -by the government wherein the Chinese were confined. This restriction -was imposed in 1603, to give added security to the city of Manila, -endangered by a Chinese uprising at that time.--See Montero y Vidal, -Historia general, III, 146-148; Recopilación, 2-15-55; 5-3-24; 6-18-5. - -[118] Ibid., 2-15-64; 2-16-16 to 20. - -[119] Ibid., 2-15-180. - -[120] Ibid., 70. See Chapter I of this book. - -[121] Ibid., 71. - -[122] Ibid., 3, 5, 67. See Chapter I, note 20, for distinction between -oidores and alcaldes del crimen. - -[123] Ibid., 68; 2-19-2. - -[124] Ibid., 1, 3. - -[125] Ibid., 2-15-63, 71. - -[126] Ibid., 2-15-74 to 85. - -[127] Ibid., 90-91. - -[128] Ibid., 93. - -[129] Exemption from the jurisdiction of the civil authority having -been claimed by the military and religious orders of Santiago, -Calatrava, and Alcántara, Philip IV, on April 1, 1635, gave -jurisdiction over these orders to the audiencias.--Ibid., 96. - -[130] Ibid., 5-10-1. - -[131] Ibid., 2. - -[132] According to the Recopilación, 5-13-1 (laws of October 20, -1545, February 13, 1620, and the Ordinance of Audiencias [1563]), -the value of the peso was fixed at 450 maravedís. - -[133] Recopilación, 2-15-88. - -[134] Ibid., 5-12-20. - -[135] Ibid., 5-12-29. - -[136] Ibid., 5-10-3. - -[137] Ibid., 5-13-8. - -[138] Ibid., 4, 7. - -[139] Ibid., 5-10-4. - -[140] Ibid., 5-13-1. - -[141] Ibid., 2-15-97. - -[142] Ibid., 88. - -[143] Ibid., 103, 107, 108. Magistrates were forbidden to sign -decisions during office hours--valuable time which should be devoted -to hearing cases (ibid., 109). - -[144] Ibid., 105. - -[145] Ibid., 117. Pesquisidores were special investigators with -extraordinary executive and judicial powers who were sent out by -the home or central government when need arose to correct abuses in -colonial or provincial administration. Visitadores (visitors) were -sent regularly to inspect the government of a province or colony. The -governor was supposed to dispatch visitors to examine the work of -alcaldes mayores and corregidores every three years. - -[146] Ibid., 118. - -[147] Ibid., 178. - -[148] Recopilación, 5-15-21. Acuerdo, the joint consultative action -of the governor and audiencia. See Chapter VI of this book and note -78 of the same chapter. - -[149] Ibid., 5-13-3. The periods of validity of cases appealed from -the audiencias of Ultramar varied with the distance and the time -necessary for the transmission of autos to the Council. The time -assigned by the laws of the Indies was as follows: Chile, one and -a half years, Tierra Firme, New Granada, Santo Domingo, New Spain, -one year, and the Philippines, two years. This law was promulgated -first on September 24, 1621, and again on March 30, 1629. - -[150] Recopilación, 2-15-123 to 133. - -[151] Ibid., 133 (1563). Helps (Spanish conquest, I, 102, 103-104) -states that the repartimiento system was originated in 1496, from -the requirement of Columbus that the natives of Hispaniola should pay -him a certain quantity of gold as tribute. In view of the inability -of the natives to meet the demands of the Spaniards in regard to -the precious metal, "the villagers were ordered to make (and work) -the farms in the Spanish settlements. This may be considered as the -beginning of the system of repartimientos, or encomiendas, as they -were afterwards called." - -In a subsequent chapter the same author tells of the difficulty which -Ovando had in compelling the Indians to live among the Spaniards, to -pay tribute and accept religious teaching. Ferdinand and Isabella, -in a letter dated December 20, 1503, directed Ovando to compel the -Indians to deal with the Spaniards, to work for wages, to go to mass, -to be instructed in the faith, and further, that they should do all -these things "as free persons, for so they are." ... "Ovando adopted -the following system," says Helps; "he distributed Indians amongst -the Castillians, giving to one man fifty, to another a hundred; with -a deed that ran thus: 'to you, such a one, is given an encomienda -of so many Indians, with such a Cacique, and you are to teach them -the things of our Holy Catholic Faith'. The word encomienda ... was a -term belonging to the military orders, corresponding to our commandery -or preceptory; and this term naturally enough came into use with the -appointment, as governors in the Indies, of men, who held authority -in those orders, such as Bobadilla and Ovando." (See also Bancroft, -History of Central America, I, 262.) "With respect to the implied -condition of teaching the Indians 'the Holy Catholic Faith' it was -no more attended to from the first than any formal clause in a deed, -which is supposed by the parties concerned to be a mere formality." - -"We have now arrived," continues Helps, "at the climax of the -repartimiento system. That which Bobadilla did illegally, was now done -with proper formalities on parchment: ... We may notice again that the -first repartimientos made by Columbus ... apportioned to any Spaniard, -whom he thought fit, such and such lands, to be worked by such a -Cacique and his people--a very different procedure to giving men--a -feudal system, not a system of slavery."--Helps, Spanish conquest, -I, 138-139. - -[152] Recopilación, 2-15-129. - -[153] Ibid., 127. - -[154] Ibid., 5-15-181. - -[155] Francisco de la Misa to the King, May 31, 1595, A. I. 67-1-29. - -[156] In this and in other letters of officials in the Philippines -we find the amount frequently referred to as 1000 pesos, although in -the Recopilación (2-15-129 [1609]) the jurisdiction is fixed at 1000 -ducats. According to law 181 (1589), the authority of the governor (the -audiencia had been suppressed) was extended to cases of the same value. - -[157] It is probable that Misa meant that there was not sufficient -distinction between the governor's asesor and the teniente de -gobierno. This combined post was filled by Pedro de Rojas until -1593 and then by Antonio de Morga. These officials were the private -advisers of the governors in legal matters, and active magistrates -at the same time. - -[158] Memorial of Antonio de Morga, July 6, 1596, Blair and Robertson, -IX, 271 et seq. - -[159] Cédula of May 26, 1596, A. I., 106-4-19. - -[160] Pardo de Tavera, in Census of the Philippine Islands, I. 335. - -[161] Recopilación, 1-1, 2, 3; 5-1. - -[162] King to the President and Oidores, February 16, 1602, A. I., -105-2-1; Cédula of October 25, 1870; Colección legislativa de España, -CV, 449-463; Cédula of April 12, 1875, ibid., CXIV, 516-524. - -[163] Recopilación, 2-15-81, 83. - -[164] Tondo is now a district or ward of the city of Manila. At the -time referred to here, the barrio of Santa Ana (small district under a -teniente of a corregidor or alcalde mayor) was within the jurisdiction -of the corregimiento of Tondo. - -[165] Recopilación, 2-15-71, which forbade the trial of alcaldes and -provincial officials before the audiencia. - -[166] Council of the Indies to the Fiscal, A. I., 105-2-10. - -[167] Recopilación, 5-2-3; 2-15-81, 83. - -[168] This decision conforms with the Recopilación, 5-2-3, 4, and -2-15-68; 117. These laws give to the audiencia and the governor -jurisdiction over excesses of the provincial judges and executives, -and over cases appealed from them. Ibid., 2-16-44 gave jurisdiction -to the viceroy over criminal charges against oidores and alcaldes. - -[169] Council of the Indies to Audiencia, December 16, 1687, A. I., -105-2-1. The facility with which witnesses may be procured is from -one point of view a great aid to the administration of justice in -the Philippines today. See Elliott, The Philippines to the end of -the military règime, 246-8. - -[170] Royal decree on Usurpation of Indian Lands, November 7, 1751, -Blair and Robertson, LXVII, 27-34. See Cunningham, "Origin of the friar -lands question in the Philippines" in Political science review. X, -465 480. - -[171] Fuero mixto, in this case a fuero or concession to the -ecclesiastical government of jurisdiction over secular matters. See -note 53, Chapter XI, of this volume. - -[172] Audiencia to the King, September 27, 1617, A. I., 67-6-20. Three -of these friars were hanged at once, and one, Juan Ocádiz, escaped -to New Spain. He was said to be the illegitimate son of Doña Ana of -Austria (see Blair and Robertson, XVIII, 82-88). - -[173] Recopilación, 2-15-134 to 153; 2-16-15; 2-18-29, 30; 1-4-3, -20; 1-6-26, 39, 57; 1-7-18, 29 to 31; 2-15-146, 147, 149. See note 3, -Chapter XI, of this volume. - -[174] Recopilación, 2-15-129. - -[175] This case and the others dealt with in this section involving -encomiendas are to be found in the Inventario de los pleytos en la -real audiencia de Manila que se hallen en el rl. y supremo consejo -de las Indias y remiten al rl. archivo en Sevilla según rl. orden -de Julio de 1787. The key to the above exists in the Inventario de -autos de la Essma. la Cámara de Indias, IV, 453, A. I. - -[176] Recopilación, 6-2-1. This prohibition was first imposed by -Charles V on the above date and subsequently by Philip II and Philip -III (see laws 1 to 14, same title). - -[177] Ibid., 6-9-11, 13. - -[178] The laws of the Indies (Recopilación, 6-19-6) authorized the -governor of the Philippines to assign encomiendas ad interim for -the period of six years (promulgated August 25, 1646). By the laws -of May 1, 1774, and June 8, 1792, the period was made five years -in all the colonies except Perú; in the latter it was six years -(note to Recopilación, 8-22-1). We have record of the extension of an -encomienda in the Philippines to the Hospital of San Juan de Diós for -four years by Governor Marquina on July 10, 1789. The cofradía had -held this encomienda for ten years, and on its petition the governor -made this additional concession, subject to royal confirmation (A. I., -107-5-18). The above episode is at variance with the statement of -Bancroft (History of Central America, I, 264) that the encomienda -system came to an end in 1721. Helps states that the encomienda system -"remained in full force until the reign of Charles The Third of Spain, -at which period, it appears, it was annulled."--See Helps Spanish -conquest, IV, 240. - -[179] Expedientes are defined in Blair and Robertson, LII, 72, note -28, as "all the papers belonging to any matter, judicial, legislative, -or executive, consisting of orders, opinions, reports, and all other -measures." A testimonio is a duly attested and certified statement or -number of statements submitted as proof or evidence concerning a given -matter. Testimonios include transcripts of letters, cédulas, autos, -and expedientes on a particular subject, usually bound together. They -may extend over a period of a hundred years or more, showing step -by step the factors leading up to the formulation of any auto, -or cédula, or given as reasons for a particular action taken by an -official or tribunal. Testimonios form a large part of the material in -the Archive of the Indies. They are of the same value as originals, -and they are certainly more available and legible because frequently -more recently written. - -[180] Inventario, op. cit. - -[181] Note the appeal of a case involving less than 6000 pesos, -which was contrary to the laws of the Indies. (Recopilación, 5-13-1). - -[182] Martínez de Zúñiga, Estadismo, I, 245. - -[183] Decree for establishment of the Consulado, in Manila, December -13, 1769, A. I., 108-3-17. - -[184] The consulado was an organization of the merchants of certain -authorized cities of the Spanish empire. A consulado had to be -established by royal authorization. The tribunal of the consulado was -composed of two consuls and a prior, who were chosen for terms of two -years and one year respectively. They were chosen by twelve electors -who in turn were designated by the members of the consulado. The -tribunal de alzadas was composed of an oidor and two merchants. The -latter constituted the final court of appeal in the colony in -commercial cases and exception to their decisions could be taken only -in the Council of the Indies.--Martínez de Zúñiga, Estadismo, 245-246. - -[185] Council of the Indies to the Audiencia, January 21, 1808, -A. I., 105-2-18. - -[186] Recopilación, 9-46-40. - -[187] Ibid., 9-46. This section of the laws of the Indies establishes -the consulados of Lima and Mexico, and lays down regulations for them. - -[188] This was before the time of the Consulado of Manila. - -[189] Inventario, op. cit. - -[190] The Junta de Guerra, was the committee of the Council of -the Indies with jurisdiction over military and naval affairs. When -questions of this nature came to the Council they were referred to the -Junta, where decision was made and referred back to the Council. See -notes 17 and 36, Chapter VII of this book. - -[191] Inventario, op. cit. - -[192] Ibid. - -[193] Recopilación, 2-1-14; see also 9-27-35, 37, 2-2-39, also 9-27-3, -5, 13, 28, 29, 40, 47. These laws forbid the entrance of foreign -ships and individuals to the ports of the Indies. - -[194] Real Acuerdo de 17 de Julio, 1656, A. I., 67-6-22. (The final -action of the Council is indicated without date on the margin of the -auto of the Audiencia.) - -[195] Recopilación, 9-46-28; 9-45-13. - -[196] Ibid., 2-15-111. - -[197] Ibid., 71. - -[198] Foreman, Philippine Islands, 241. The laws regulating the trial -of cases on appeal may be noted in Recopilación, 5-9, 10, 11, 12, 13. - -[199] The following figures have been taken from various reports of -the audiencia to the Council of the Indies, and they show the number -of criminal cases tried in the tribunal in the years designated: - - -1710--51 cases ... report dated December 11, 1711; A. I., 105-2-9. -1774--34 cases ... report dated December 25, 1776; ibid. -1776--48 cases ... report dated March, 1778; ibid. -1779--53 cases ... report dated July 30, 1780; ibid. -1786--99 cases ... report dated May 1, 1778; A. I., 105-2-10. -1789--51 cases ... report dated June 4, 1790; A. I., 105-2-10. -1795--38 cases ... report dated April 4, 1798; A. I., 105-2-10. -1822--641 cases ... report dated July 3, 1823; A. I., 106-4-21. - - -According to Desdevises du Dezert ("Vice-rois et capitaines généraux -des Indes espagnoles," in Revue historique CXXVI, 59, 60) the -Audiencia of Lima decided 89 civil cases on appeal from February -11, 1788, to January 5, 1789. At the end of this period there were -122 cases waiting on the docket. In the chamber of first instance -of the same audiencia 72 cases were tried and 124 remained to be -tried at the end of approximately the same period. In the criminal -sala during the year 1788, there were 7 death sentences rendered, -16 sentences for robbery, 14 cases tried involving personal injury, -15 for carrying arms in face of the prohibition of the law, and 6 -cases of adultery. The magistrates excused themselves for this rather -contemptible showing by alleging that the membership of the tribunal -had not been complete, to which the king made answer that there would -have been sufficient judges had not the latter continually absented -themselves on the smallest pretexts. The charge of indolence was also -frequently brought against the magistrates of the Audiencia of Manila. - -[200] See Colección legislativa de España, LXIV, 105-147 (Royal -Decree of January 30, 1855). Cédula of December 6, 1858, in Rodríguez -San Pedro, Diccionario de legislación ultramarina, VII, 69. Cédula -of March 10, 1857, ibid., VIII, 39. Royal Decree of July 4, 1861, -Colección legislativa de España. LXXXVI, 1-45. The basic principle of -these reforms are to be found in the Constitution of 1812, Martínez -Alcubilla, Diccionario, III, 408-458, and in Las Ordenanzas Nuevamente -Formadas para el Régimen y Govierno interior de la Audiencia Nacional -de Manila en cumplimiento de la Ley de 9 de Octre de 1812, sobre -arreglo de tribunales. A. I., 106-4-19. - -[201] Blair and Robertson, XX, 35-43, 147, 168, 196-198. - -[202] Recopilación, 8-10-16. - -[203] Cédulas of October 6, 1783, and of November 19, 1805, A. I., -105-2-18. - -[204] See Cunningham, "Residencia in the Spanish colonies," in the -Southwestern historical quarterly, XXI, 253-278. - -[205] Ibid., 2-33, 1, 6; literally, a report on character of services. - -[206] Ibid., 5-11. - -[207] Ibid., notes 1 to 4. - -[208] Ibid., 2-31-1. - -[209] Ibid., 5-12-9. - -[210] Ibid., 5-11-6; see also, 5-12-14. - -[211] Ibid., 5-15-36 to 39; 7-1-10 to 13. - -[212] Ibid., 5-12-7 to 9. - -[213] Bancroft, History of Central America, I, 250-1. Special emphasis -should be placed upon the last clause of the above definition. The -periodical residencia was not the sole means for the removal of -officials in the Spanish colonies. The conclusion seems to have been -reached by many historians that officials were permitted to conduct -themselves carelessly, running their offices to suit their own personal -convenience from the date of their appointment, in the assurance that -their tenure was sure until the termination of a specified term, -and that the periodical residencia was the only occasion on which -they might be held to answer for their sins. Only the most scant -attention has been given by modern writers to the residencia. See -Bourne, "Historical introduction," in Blair and Robertson, I, 50-52; -Moses, Establishment of Spanish rule in America, 172; Vander Linden, -L'expansion coloniale de l'Espagne, 349. - -[214] Bourne, "Historical introduction," Blair and Robertson, I, -51-52; see De Pons, Voyage, II, 25; Churchill, Voyages, IV, 427-428; -see also Barrows, "The governor general of the Philippines, under -Spain and the United States," in The Pacific Ocean in history, 246. - -[215] Recopilación, 7-1; 2-15-117. - -[216] Ibid., 5-15-19. - -[217] Ibid., 20. - -[218] A receptor was a clerk of court, who on special authorization -or commission of a tribunal was dispatched to institute judicial -proceedings on behalf of the court.--Escriche, Diccionario, II, 794. - -[219] Recopilación, 7-1-16. - -[220] Ibid., 5-15-21. - -[221] Ibid., 7-1-14. - -[222] Ibid., 5-12-31. - -[223] Ibid., 5-15-38. - -[224] Fajardo to Felipe III, August 10, 1619; Blair and Robertson, -XVIII, 276. - -[225] The Marianas were the islands of the Ladrone Group situated -1200 miles east of the Philippines. - -[226] Expedientes relativos á la residencia de Don Antonio Pimentel, -Governador de las Marianas, A. I., 68-4-17 and 18. - -[227] Recopilación, 5-15-3, 4, 8, 10-18. - -[228] Ibid., 5-15-11, 24. - -[229] Having been excused by the cédulas of July 7, 1789, and January -15, 1795, A. I., 105-2-5. - -[230] Recopilación, 5-15, notes 4, 11. When the residencia of a viceroy -or president was taken, the oidores were also held responsible for -all opinions given conjointly with him in the acuerdo. - -[231] Sinibaldo de Mas, the able Philippine critic of the nineteenth -century, says in regard to the above characteristic of the Recopilación -and its laws: "Since the Leyes de Indias are not a constitutional -code, but a compilation made in the year 1754 [a footnote amends this -statement with the information that the Recopilación was first made -in 1681] of royal orders despatched at various epochs and by distinct -monarchs, ... there results ... a confusion of jurisdictions."--Mas, -Internal political condition of the Philippines, Blair and Robertson, -LII, 70. - -Dr. James Alexander Robertson, in his article on "Legaspi and -Philippine colonization" (see American Historical Association, -Annual report, 1907, I, 150 and note), characterizes the laws of -the Indies as "that mass of contradictory legislation," largely -"ecclesiastical in tone," ill-digested, and "utterly at variance with -one another." Dr. Robertson also states that "it is from a too close -following of these laws and a too great neglect of actual conditions -that writers on the colonial policy of Spain have at times fallen into -error." On the other hand, it may be said, that not enough use has -been made by modern writers of the laws of the Indies, and there is -need of such investigation as will test that oft-repeated statement -that the laws of the Indies were not enforced. Up to the present, -Latin American scholarship has been content with a rehashing of Helps -and Prescott, for the early periods, omitting the seventeenth century -and the greater part of the eighteenth altogether, and fixing on -Juan y Ulloa, Robertson, and Humboldt as the great all-determining -authorities for the latter periods of Spanish colonization. These, -indeed, have been supplemented by a few ecclesiastical histories, each -of which has been written to prove a particular thesis. The present -writer dares to believe, after some attempt to harmonize the laws -of the Indies with actual practice, that these laws were actually -used as a basis of colonial government, and that, while not always -effectively enforced, they were by no means a dead-letter until Spain -actually lost her colonies and are not today, for it is easy to see -in the laws of the Indies the fundamentals of the institutions of -present-day Spanish America. - -[232] Recopilación, 5-15-1. - -[233] Cédula of August 24, 1799, in Rodríguez San Pedro, Legislación -ultramarina, III, 280-281. - -[234] Papeles relativos á la residencia del gobernador -Salcedo. Inventario, op. cit.; also A. I., 67-6-10, 67-6-11, 67-3-4. - -[235] Since all legal advice was furnished the governor by his asesor, -Coloma would be examining his own acts. - -[236] Recopilación, 2-18-27. - -[237] Cédula of June 17, 1671, A. I., 82-6-10. In view of these -proceedings, Salcedo's letter of June 25, 1665, in praise of the -services of Coloma and Montemayor is interesting (A. I., 67-6-9). - -[238] Recopilación, 5-12-8; 2-16-46, provided for appeal of cases -carrying death penalty. - -[239] Ibid., 5-12-31. - -[240] Ibid., 5-15-38. - -[241] Ibid., 39. - -[242] Ibid., 2-2-58. - -[243] Ibid., 64. - -[244] Ibid., 5-15-3. - -[245] There were two kinds of bonds, those posted at the beginning -of a term of office, and special bonds of residencia, given at the -time of that investigation. The last-mentioned were not required -if the office were not a responsible one or if the charges were not -sufficiently serious. - -[246] Recopilación, 5-15-3; this cédula was annulled by that of May -21, 1787; see note to law 3 of the same title. - -[247] King to Basco y Vargas, December 30, 1776 (A. I., -107-5-20). These annual deductions of one-fifth were first authorized -on August 26, 1757, on the recommendation of the Council of the -Indies. They were discontinued by the consulta of March 2, 1773, -it being ordered that governors should only post the customary bonds -with the president of the Council of the Indies. We see here that the -practice was restored on December 30, 1776. This requirement seems to -have been confined to governors of the Philippines (A. I., 105-2-21). - -[248] Recopilación, 8-19; see notes 11 and 13, Chapter V of this book. - -[249] Recopilación, 8-26-17. - -[250] Ibid., 5-15-42. - -[251] Ibid., note 12. - -[252] Royal decree of November 20, 1841, in Rodríguez San Pedro, -Legislación ultramarina, I, 282; see also royal order of December 3, -1844 (for Cuba), ibid., 287. - -[253] Officials, desirous of ingratiating themselves into the favor -of the new executive, frequently journeyed by land and sea from Manila -as far as the Straits of San Bernardino. The privilege thus gained of -returning to Manila in company with the new governor, gave them the -unrestricted or unqualified opportunity to poison his mind with tales -of the misdeeds of the incumbent, and insinuations as to the wealth -which the latter had heaped up for himself through the exercise of -dishonest methods. - -[254] The residencia of a governor presented a splendid opportunity -to his enemies for revenge. A governor was always in a fair way to -make enemies; consequently any such awaited the residencia of their -former oppressor with great eagerness. In case a governor did make -fair profit out of his office, and there were many opportunities for -profit, commercial and otherwise, legitimate and illegitimate, his -enemies gave him no rest at the time of his residencia. (According to -Martínez de Zúñiga [Estadismo. I, 242] the emoluments of the governor, -aside from his salary, aggregated 20,000 pesos a year.) It is probable -that most of the governors were dishonest, as the opportunities for -corruption were numerous, and the temptations offered by the position -were too powerful to be resisted by any human being. Thousands of -miles from Spain, in an age of slow communication, entrusted with -the assignment of all sorts of lucrative offices, encomiendas, and -commercial privileges, and having friends, relatives, and special -interests to serve, a governor was surrounded by countless officials -who were eagerly awaiting their share of booty, and who were ready -at a moment's notice to turn traitor if they could gain by such an -act. It may be said of the Spanish colonial governor as was said of -Verres of old, that in stealing, one must steal threefold, once for -himself, once for his judges, and once to pay the penalty. - -[255] Chapter II of this book. - -[256] Montero y Vidal, Historia general, II, 253-258. Anda, as it will -be noted later, spent an earlier term of service in the Philippines. He -first came to the Philippines during the administration of Governor -Arandía, as oidor of the audiencia. He had therefore been obliged -to submit to residencia on a previous occasion; in 1764 a review was -made of his official conduct as oidor, and especially of his acts in -defiance of Archbishop Rojo, in setting up claims to the governorship -of the Islands and resisting the British. His conduct was approved, -and he received high honor and promotion at the court, being advanced -to membership in the Council of Castile. On November 19, 1769, he was -granted an annual pension of 3000 pesos for life. On September 8, 1777, -this pension was continued in favor of his eldest son (A. I., 106-4-4). - -[257] Anda had more than the usual number of residencias to supervise -at the beginning of his term. Owing to some misapprehension on the -part of his predecessor, Governor Raón, no residencia was required -of La Torre, the teniente del rey who took over the government in -1764. Owing to the anarchical condition in Manila consequent upon the -invasion of the British, and the ecclesiastical rule preceding that -event, neither Arandía, Espeleta, nor Rojo had given residencia. The -audiencia and Raón in acuerdo on October 26, 1768, voted that -governors' residencias should be dispensed with, and apparently -believed that this action settled the matter. On November 9, 1770, -the Council of the Indies disapproved of this stand, fined Raón (who -had died the preceding July), and ordered Anda to take the residencias -of Arandía (governor, 1754-1759), Espeleta (archbishop-governor, -1759-1761), Rojo (archbishop-governor, 1761-1764), Oidor Villacorta, -and Governor Raón. These orders he complied with, conducting the -investigations with his characteristic thoroughness, though Rojo -and Raón were dead. Villacorta was imprisoned and heavily fined. The -sentences against Arandía, Raón and Villacorta were moderated by the -Council of the Indies on September 9, 1772.--A. I., 105-2-31. - -[258] As we shall note in another chapter, José Basco y Vargas -inaugurated the reforms of the intendancy in the Philippines, -retaining the post of governor, while Ciriaco Gonzales Carvajal -was first intendente de guerra y real hacienda.--A. I., 105-3-5 and -107-5-19; see Chapter V, note 20, of this work. - -[259] This residencia was held under the same laws that had prevailed -throughout the seventeenth and eighteenth centuries. A feature common -to them all, particularly, was the fact that the regent, or some other -colonial magistrate conducted the investigation and gave sentence, -which might be appealed to the Council of the Indies. This gave an -opportunity for great injustice to be done to the governor by his -enemies, and it did not give him an impartial hearing. The laws of -1799 still permitted a local magistrate to collect the evidence, -but the decision was rendered by the Council of the Indies. - -[260] Audiencia to the King, June 28, 1791, A. I., 108-4-18. - -[261] Instructions to Amparán, February 19, 1792, A. I., 105-2-10. - -[262] Instructions were also given at the same time for investigations -of the official conduct of numerous persons who had been identified -with the government of Marquina. Among these were Helarión -Pastor, fiscal de la real hacienda. Manuel de Sota, contador de -cuentas. Francisco Múñoz, teniente del rey. Rufino Suárez Rivera, -asesor, and Miguel Formento, clerk of the treasury. A separate -commission was made for the residencia of each of these. - -[263] The just and honorable conduct of Marquina's successor on this -occasion may be contrasted with that of his various predecessors, -whose unfairness, bigotry, and stupidity had caused governors -Corcuera, Silva, and Torralba, victims of residencia, to be seized, -imprisoned, and exiled without opportunities for defense, while -their investigations were being conducted. This case serves well to -illustrate the fact that by the close of the eighteenth century the -residencia had grown more humane. - -[264] He was charged with having entered into a conspiracy with an -Armenian merchant to secure trade which should have gone to Spanish -merchants. In this particular venture he had made a profit of 16,000 -pesos and in so doing he had not only violated the laws of the Indies -which forbade officials to trade (Recopilación, 2-16-54, 62), but he -had connived at the infraction of another law which forbade trade to -foreigners (ibid., 9-27-1, 5, 7 and note 2). - -[265] It is an interesting commentary on Spanish methods that, -notwithstanding Marquina's misgovernment in the Philippines, he was -promoted to the post of viceroy of New Spain, which position he held -from 1800 to 1803. - -Desdevises du Dezert, in his article on "Vice-rois et capitaines -généraux des Indes espagnoles" (Revue historique, CXXV, 241), shows -that Marquina continued his peculations while viceroy of New Spain, -engaging in the smuggling trade with Jamaica, and enriching himself -to the extent that in thirty-two months he was able to send twelve -million pesos on his own account to Spain. Desdevises du Dezert -inadvertently refers to Marquina as having come from the Marianas to -Mexico. He came from the Philippines and not from the Marianas. - -[266] Recopilación, 5-15, notes 4 and 5. - -[267] Reales resoluciones del Consejo, 4 de Marzo, 1794, A. I., -106-4-18; Royal Order of January 18, 1848, Rodríguez San Pedro, -Legislación ultramarina, I, 290. - -[268] These discounts were "considered subversive of their authority -[that of the governors]; ... the best guarantee of their acts is not -a discount of some thousands of pesos, which is always penurious -when compared with the honor and dignity of the persons called, -on account of their elevated character and distinguished services, -to hold these posts, and if, in former times, this practice had some -foundation in the tardiness of communication between the Peninsula -and these provinces, it does not exist today in view of the frequency -of communication which enables said authorities to consult with -the government of Her Majesty in all the steps which are considered -necessary in the territory of their command."--Royal order of July 7, -1860, in Rodríguez San Pedro, Legislación ultramarina, I, 287. - -[269] Recopilación, 5-15-20. - -[270] Ibid., 4. - -[271] Ibid., 5-2-1, 2, 7. - -[272] Ibid., 5-15-19. - -[273] Ibid., 7-1-16; 5-15-21. - -[274] Ibid., 2-15-69; see 2-2-58, 64. - -[275] King to the Fiscal, September 29, 1788, A. I., 105-2-10. - -[276] King to the Audiencia, October 6, 1806, A. I., 105-2-18. - -[277] Recopilación, 2-18-27. - -[278] Ibid., 5-15, note 4. - -[279] Ibid., 5-15-27 to 49. - -[280] Ibid., 8-1-28; 5-15-35. Heavy penalties were prescribed for -those who offered insecure financial guarantees (ibid., 5-15-33 to 36). - -[281] Ibid., 34. - -[282] Ibid., 39, 40. - -[283] Expediente de Don Frco. Fernández Zéndera, alcalde mayor -y capitán de guerra de la provincia de Ilocos. ... su residencia -pendiente de informe de la audiencia, 1794, A. I., 106-5-4 and 5. The -papers relating to this trial easily aggregate 4000 pages. - -[284] It was said that he had shown favoritism in his dealings with -some of the barangay (district) chiefs, allowing them unbridled -license in the collection of tribute and in the enforcement of -compulsory labor, most of which they utilized for their own, or for -his, benefit. One chief was said to have gone so far as to forcibly -take carabaos from the natives when the latter were working them -in the fields. Zéndera had, of course, extended favors to these -barangay chiefs in exchange for reciprocal advantages. (The alcaldes -mayores ruled the native population through these chiefs at this -time. Later they utilized the gobernadorcillos, who were native or -mestizo governors of the small towns.--See Malcolm, The government -of the Philippine Islands, 64-72.) - -It was also charged that he had allowed cock-fights whenever -requested, instead of restricting these to holidays and Sundays -as the law prescribed. On these occasions he collected two reales -from each entrant, and in addition he took the slain birds, alleging -that they were for the consumption of the inmates of the provincial -prison. Testimony was produced to show that the prisoners had never -eaten fowl. - -[285] In taking the residencias of corregidores and alcaldes mayores -the audiencia frequently took great responsibility upon itself. On -July 10, 1800, on taking the residencia of Luís Rodríguez Varela, -alcalde mayor of Pangasinán, the audiencia suspended the decoration -of the pequeña cruz, which had been conferred upon this official by -the royal authority. The deprivation, in this case, was tentative, -pending the investigation of the charges which had been made of -shortages in the finances of his province.--Audiencia to the King, -July 10, 1800, A. I., 106-4-18. - -[286] The original sentence probably denied to Zéndera the privilege -of holding the office of alcalde mayor only, since he occupied the -post of regidor of the city of Manila, pending the appeal of his -case to the Council of the Indies. It is evident, therefore, that -the sentence which was pronounced upon Zéndera did not apply to all -positions of honor and trust. - -[287] Cédula of August 24, 1799, Recopilación, 5-15, notes 4 and 5; -see also Rodríguez San Pedro, Legislación ultramarina, I, 282. - -[288] Escriche, Diccionario. I, 578; see also royal order of November -20, 1841, and of January 18, 1848, in Rodríguez San Pedro, Legislación -ultramarina, I, 282; 290. When the Intendancy was established in -1784-7, an effort was made by the newly created officials to escape -the residencia. The entire term of the first intendant, Carvajal (or -Carbajal), had been devoted to an assertion of his independence of -the governor and audiencia. Carvajal interpreted the law requiring all -officials of the government to give residencia every five years to the -Department of Justice as not applying to him or his subordinates. He -pointed to the stipulation in the ordinance which created his -department, and established its independence of the executive and -judiciary. The king disapproved of his attitude and ordered that -henceforth the officials of real hacienda should give residencia -in the same manner as other officials, in accordance with the laws -of the Indies. (King to Carvajal. July 29, 1788, A. I., 107-5-19, -citing Recopilación, 2-15-69; 5-15-15 and Ordenanza de Intendentes -de Buenos Ayres, Art. 305.) This decree ordered that the residencias -of the intendants and their assistants should be submitted to the -audiencia. The cédula of August 24, 1799, so frequently cited in this -chapter, gave final jurisdiction to the audiencia over the residencias -of intendentes-corregidores, but it decreed that superintendents -should give residencia directly to the Council of the Indies. - -[289] Martínez Alcubilla (Diccionario, XI, 477) and Escriche -(Diccionario, II, 819) state that the cédula of August 24, 1799, -abolished the residencia. The latter states that the residencia -was eliminated because of the corruption of judges, and as the -judges of residencia had proved to be a grave infliction on the -towns, mistreating witnesses and defendants on many occasions, -it was thought advisable to discontinue the practice of holding -these investigations. Escriche also quotes extracts from the laws -of August 24, 1799, September 26, 1835, and November 20, 1841, -wherein were provided regulations for the future continuance of the -residencia. Cases involving viceroys, captains-general, and presidents -of audiencias were to be tried in the Supreme Tribunal of Justice in -first instance. Alcaldes mayores, corregidores, military and political -governors who were not presidents were to be tried in the audiencias -which exercised jurisdiction over their districts. - -[290] See Cédula of July 7, 1860, in Rodríguez San Pedro, Legislación -ultramarina, III, 287; royal order of July 25, 1865, ibid., X, 99; -royal order of October 25, 1870, Colección legislativa, CV, 442-465. - -The eminent authority, Manuel Bernáldez Pizarro, writing from Manila -on April 26, 1827, deplored the laxity which was characteristic -of the method of conducting trials of residencia, and recommended -that they be made more effective and just. He criticized especially -the prevailing system of holding the alcaldes mayores to a strict -accountability; who, he wrote, "as they have permission to trade, -are more tempted to evade or infringe the laws; and many persons are -appointed to that office 'who lack all the qualifications necessary -for any public office whatever,' ... not only have they used their -authority to possess themselves of the property of the Indians -... and defrauded the Indians with unjust exactions; but they have -humiliated the religious, stolen moneys from the king ... [and] -have thrown the provinces into a condition of effervescence and of -conspiracy against the government." (Blair and Robertson, LI, 212, -212-213.) Pizarro recommended a more stringent residencia as a means -of remedying these defects. - -[291] Recopilación, 5-15-17 and 18; 9-45-42. - -[292] Governor to Council of the Indies, January 4, 1710, A. I., -68-4-15. - -[293] Concepción, XI, 132-234 (Anson's depredations). - -[294] Recopilación, 2-16-40; see also 7-1-15. - -[295] Law of November 10, 1818, A. I., 106-4-19; see Real instrucción -dada á los regentes de las audiencias, 20 de Junio de 1776, in -Rodríguez San Pedro, Legislación ultramarina, VII, 22-28; Zamora y -Coronado, Apéndice. 19-33. - -[296] A tax on silver, gold and other metals (as well as on pearls) -mined in the Indies. This tax was first authorized on February 5, 1504 -(Recopilación, 8-10-1). Philip II conceded a commutation of this tax to -ten per cent in favor of adelantados, their successors and other early -settlers (ibid., 4-3-19). A draft of a letter exists in A. I., 106-6-6, -written about 1585 by Governor Sande of the Philippines, asking for -an extension of this dispensation.--See Blair and Robertson, IV, 87, -par. 114 and note. On August 8, 1609, the king inquired of the Manila -audiencia whether the tax was a fifth or a tenth.--A. I., 102-2-1. - -[297] Ibid., 2-16-19 to 22. - -[298] Ibid., 23. - -[299] Ibid., 24. This junta is to be distinguished from the real -contaduría, which was composed of the oficiales reales. See Martínez -de Zúñiga, Estadismo, 246. - -[300] This was the junta superior de la real hacienda, created -for Manila by the law of July 24, 1784. It was one of the reforms -of the intendancy. It cannot be said, however, that these reforms -became effective until 1787, though the cédulas of July 17 and 24, -1784, which ordered them, were received in Manila on December 5, -1785. These cédulas ordered the formation of a government locally, -which would conform to the general principles of the intendancy and -which were laid down in the cédulas referred to. These plans had -to be referred to Spain on appeal. Subsequently the Ordinance of -Intendants of Buenos Ayres was applied to the Philippines.--A. I., -107-5-14. Until January 11, 1791, all appeals from the junta superior -were heard in the Audiencia of Manila. The cédula of that date, -received in Manila on June 30, 1793, ordered that such appeals should -be carried to the Council of the Indies.--A. I., 107-5-22. The junta -superior de real hacienda did much toward relieving the audiencia of -its advisory functions as in matters of finance and commerce. Many -evidences of this may be noted in the reports and correspondence of the -superintendente de real hacienda de Manila.--A. I., 107-5-14; 107-5-15 -to 31; 107-6-1 to 31; 107-7-1 to 21. Priestley (José de Gálvez, -338-9) shows that even after the establishment of the intendancy in -New Spain, the audiencia retained the administration of crown lands, -notwithstanding the provisions of the new laws which ordered that -they should be controlled by the junta superior. See also ibid., 302-3. - -[301] Recopilación, 2-16-34. - -[302] Ibid., 2-15-169. - -[303] Ibid., 2-31-1 to 3. - -[304] Ibid., 8-19 (general subject of medias anatas). Holders of -ecclesiastical benefices were subsequently obliged to pay the media -anata, although they were especially exempted by the cédula of -June 2, 1632. The media anata (civil and ecclesiastical) was paid -until December 28, 1846, when this tax, together with the lanza (a -tax formerly paid by the nobility, but subsequently required of all -classes in lieu of military service) was abolished (Martínez Alcubilla, -Diccionario, I, 407). - -[305] Ibid., 8-19-1 and 2. - -[306] The cédula of July 3, 1664, reorganized the system of medias -anatas, authorizing their division into two separate allotments, -one payable at the court on the appointment of the official -concerned, and the second within or at the end of eighteen months -after his appointment, at the capital of the district wherein he -served. Guarantees had to be given that the second payment would be -made when due, and interest was charged at the rate of eight per cent -a year on the amount remaining to be paid (ibid., 4). - -[307] Cédula of December 14, 1776, A. I., 105-2-16. - -[308] The extensive use of the betel-nut by the natives of the -Philippines encouraged the Spanish government to monopolize its -production and sale, and a considerable revenue was derived from it. In -1786 the profit from the sale of betel was 16,770 pesos (Report of -Intendant, January 8, 1788, A. I., 107-5-15), and the next year the -sum collected was 15,207 pesos (Report of Intendant, June 21, 1789, -107-5-18). Other monopolies during the same period yielded as follows: -Tobacco, 258,743 pesos; wine, 73,636 pesos; cockpits, 8,375 pesos; -tributes, 174,494 pesos (Report of Intendant, June 21, 1789). - -[309] Juez conservador (civil), a judge named por privilegio del rey, -with private jurisdiction over the civil affairs of some community -or guild, for the protection of its interests and estates or the -collection of its rents (Escriche, Diccionario, II, 260). - -[310] Recopilación, 3-3-35. - -[311] Report on the establishment of the Intendancy in Manila, -December 5, 1785, A. I., 107-5-19. - -[312] Testimonio and transcript of the royal cédula of November 23, -1787; King to Marquina, June 15, 1791, A. I., 105-2-10. - -[313] The first intendant, Ciriaco Gonzales Carvajal, was given -the title of intendente de guerra y real hacienda, by virtue of the -cédulas of July 17 and 24, 1784. By the reform of November 23, 1787, -the duties of his office were united to those of the governor, whose -title, under the new arrangement, was gobernador y capitán general -y superintendente de la real hacienda (A. I., 105-3-5 and 107-5-19; -see Chapter IV, note 55, of this work.) - -[314] Recopilación, 3-3-35. - -[315] Basco y Vargas to the King, May 9, 1786, A. I., 107-5-19. - -[316] Cédula of March 20, 1790, A. I., 107-5-19. - -[317] Recopilación, 3-3-35. - -[318] Marquina to the Audiencia, August 16, 1791, A. I., 107-5-19. - -[319] Recopilación, 3-3-35, cited in notes 21 and 24 of this chapter. - -[320] Ibid., 2-32-1. - -[321] Ibid., 7 and note; 8. - -[322] Ibid., 43. - -[323] Ibid., 42, note 4; 47, note 7. These cases may be noted in -A. I., 68-4-12. - -[324] Ibid., 44. The cédula of July 16, 1776, ordered the -confiscation of property left by foreigners, forbidding that it -should be sent outside of the realm either by the juez de difuntos -or by the testamentary executor. In accordance with this regulation -the superintendent, in 1800, seized the property of a Spaniard who -had married a lady of Madras. The Spaniard had left a will providing -for the transfer of his property to his wife, naming an executor -to administer the will. This was opposed by the juez de difuntos, -but when the case was appealed the action of the superintendent was -approved (Aguilar to Soler, July 8, 1800, A. I., 107-5-24). - -[325] See Recopilación, 2-32-42. - -[326] A case appealed to the Council of the Indies on June 4, -1806, involved the property of Antonio Rodríguez de la Peña, -deceased. Rodríguez had bequeathed 35,875 reales to his father; the -Augustinians claimed 11,875 reales, or one-third of the entire estate, -for prayers said in behalf of the soul of the departed one. The -contaduría general in Madrid refused to allow payment (Aparici to -the Council of the Indies, June 4, 1806, A. I., 107-3-8). - -[327] Recopilación, 2-32, note 7. - -[328] Ibid., 10. - -[329] Ibid., 32-33, 40, 60. - -[330] Ibid., 16, 32, 33. - -[331] Ibid., 16-18, 27-29, 31. - -[332] Ibid., 46, and note. - -[333] Ibid., 48-56, 59. - -The report to the Council of the Indies of Pedro Aparici, general -superintendent of real hacienda, on July 8, 1805, shows in detail the -method of settlement in Spain. This report was submitted to cover the -administration of the property of Alberto Reyes, who died in Manila -in 1803. The statement was as follows: - - - Total property left 123,700 r. - Executor's commission 741 r. 16 m. - Administration 1,237 r. - Expenses 123 r. 18 m. - Total deductions 2,102 r. - Balance to be distributed among heirs 121,598 r. - Two-thirds left to brother as per will 81,066 r. - One-third left to parents as per will 40,532 r. - - -Another illustration of the disposal of money left under slightly -different circumstances may be noted in the Royal Order of February -14, 1800, to the juez de arribadas at Cádiz. The king ordered the -transmission of 8024 pesos to the royal treasury because of the -impossibility of finding the heirs of Antonio Manuel Pereda, who -died at Manila in 1767. By the terms of his will, 2000 pesos had been -left to the Third Order of St. Francis, 200 pesos to poor widows and -orphans, and the balance was left to his mother. The lady had died, -however, and as there were no heirs apparent, the money was ordered -transferred to the royal treasury (A. I., 107-3-9). - -These large sums, constantly on hand, intact and available, were always -a source of grave temptation to governors and treasury officials. Loans -were frequently taken from this fund for ordinary or unusual expenses -of the government. At first the juez de difuntos objected forcibly to -the governor's seeming disregard of the royal instructions regarding -these funds. The laws of the Indies had commanded that they should be -held inviolable (Recopilación, 57, 70). As noted above, the practice -had arisen of making deductions from the subsidy equivalent to the -amount of bienes de difuntos produced in the Philippines, and of -retaining the money in Acapulco. This practice worked havoc with the -fulfillment of the law which had ordered that these funds be preserved -intact. The governor and the treasury officials had fallen into the -practice of appropriating such available funds as existed in the caja -de difuntos for purposes of local administration, with the assurance -that the money would be properly accounted for in Mexico. Governor -Anda seems to have been a leading offender in this matter. In 1767 he -borrowed 19,729 pesos from the juez de difuntos and in 1768 another -sum of 30,000 pesos was taken (Landazurri to the Council of the -Indies, May 22, 1770, A. I., 107-3-9). By the cédula of October 9, -1777, the king approved the action of Governor Anda in borrowing -from these funds on three other occasions to the extent of 25,000, -14,206, and 24,477 pesos, respectively, for the fortification of the -city. It was ordered that this should not be done again, however, -except under extraordinary circumstances (A. I., 107-3-9). - -After being permitted for a long period of time, the practice which the -Manila authorities had followed of making these deductions was finally -disapproved by the home government. In 1806, because of the non-arrival -of the galleon with the subsidy, the governor (and superintendent) -authorized an advance of 54,049 pesos from the bienes de difuntos, -which sum constituted the entire amount on hand. On April 25, 1815, -the fiscal of the contaduría general de las Indias handed down an -adverse opinion on this action (A. I., 107-3-9). Although the practice -of allowing small loans from the funds of deceased persons had been -practiced in the Philippines in case of exceptional circumstances, -it was his opinion that the whole proceeding had been contrary to -the laws of the Indies (Recopilación, 2-32-57). He advised that in -the future there should be no interference with this money until the -deduction had been authorized by the juez de difuntos in Mexico, -and the judge should act only after he had received the report of -the corresponding official in the Philippines. - -If the above advice were followed, at least a year would pass before -the report of the Manila judge could reach Mexico, and be returned. It -was not to be supposed that the officials in the Philippines would -wait for any such formality when in need of money for the current -expenses of government. This is another example of the cumbrousness -and lack of expedition of Spanish colonial administration, as affected -by time and distance. It will be noted, also, that this practice -had been going on since the time of Anda (1768), and the Council of -the Indies did not pronounce against it decisively until 1815. The -particular litigation which brought about its condemnation arose in -1806 and continued throughout a period of nine years. - -[334] Ibid., 60. See the articles on the Philippine situado by -E. G. Bourne and James A. Leroy in the American historical review, -X, 459-461, 929-932; XI, 722-723. - -[335] Cédulas of November 26, 1776, September 9, 1778, October 13, -1780, June 12, 1783, February 17, 1786, A. I., 107-3-9. - -[336] Aparici to the Council of the Indies, July 19, 1797, A. I., -107-3-9. - -An examination of a few typical accounts of this department will -show that the sums involved were always considerable. On June 6, -1767, the juez de difuntos in Manila had 45,563 pesos on hand; -on June 17, 1781, 31,009 pesos; on June 29, 1783, 27,636 pesos; -on July 28, 1801, 40,827 pesos (see reports of various jueces de -difuntos. A. I., 107-3-9). The total receipts of the office of juez -de difuntos in Manila for the year terminating January 25, 1819, were -10,750 pesos. Payments against the fund that year were 27,747 pesos, -which were made possible by a balance on hand at the beginning of the -year of 52,900 pesos (Report of Vicente de Posadas, Juez de Difuntos -de Manila, January 25, 1819, A. I., 107-3-9). On March 31, 1828, -the funds of this department amounted to 32,657 pesos (A. I., 107-3-9). - -[337] The last state galleon left Manila for Mexico in 1811, and -the last ship sailed from Acapulco to Manila in 1815 (Foreman, -Philippine Islands, 243; and Montero y Vidal, Historia general, II, -413, note). The galleon service was suppressed by decree of the Cortes, -September 14, 1813.--Ibid., 412. - -[338] Recopilación, 2-32-7. - -[339] Villacorta to the Council of the Indies, July 6, 1757, A. I., -106-4-15. The evidence of this case also exists in A. I., 107-3-9, -and is cited in connection with a later dispute of the same character. - -[340] Marquina to the Council of the Indies, June 18, 1790, A. I., -107-5-18. - -[341] Recopilación, 2-32, note 2. - -[342] Ibid., 5-12-14. Basco y Vargas to the King, June 6, 1778, -A. I., 105-2-9. - -[343] Cédulas of April 23, 1770, October 13, 1780, and May 4, 1794, -A. I., 105-2-10. - -[344] Recopilación, 2-32-28. - -[345] Ibid., law 25. - -[346] Cédula of May 4, 1794, A. I., 105-2-10. - -[347] A. I., 106-4-17; 108-3-17; 105-2-10 to 32. See Bibliography under -"Manuscripts used." - -[348] The author has at his disposal abundant data for each subject -covering each decade and century, showing that the powers mentioned -were characteristic throughout. It is to be hoped that the reader -will appreciate the impossibility of giving more than a few citations -for each case, not because they are not available, but because there -is not room for them. It was the writer's original plan to write two -additional chapters, one on the commercial duties of the audiencia, -and another on the financial powers. Because of a lack of space these -chapters have been omitted. - -[349] A. I., 106-4-18. - -[350] As noted in the preceding chapter. - -[351] King to the Audiencia, August 8, 1609, A. I., 105-2-1. - -[352] Marquina to the King, January 18, 1790, A. I., 105-2-10. - -[353] King to the Regent of Manila, January 24, 1794, ibid. - -[354] See, Plan económico del gobernador de Filipinas José Basco y -Vargas, 1 de Septre, 1779, y carta que lo acompaña, No. 157, de 11 -de Dicre de 1779 (printed); A. I., 106-1-14; see Barrows, History of -the Philippines, 242. - -[355] Memorial of July 20, 1757, A. I., 106-4-15. - -[356] See Moses, South America on the eve of emancipation, 27-31, -for an account of the festivities and formalities at the installation -of the viceroy at Lima. It will be noted that the audiencia played -an important part in the ceremonies. Professor Moses here utilizes -a description contained in Juan y Ulloa, Voyage, II, 46-50. - -[357] Recopilación, 1-24-1 to 15. - -[358] Ibid., 1 and 2. - -[359] Ibid., 3; 15. The cédula of October 10, 1752, gave to the -audiencia the right to authorize the publication of legal treatises, -ordinances and enactments. The regent was given control over this -matter by the Instrucción of June 20, 1776 (A. I., 106-212). See -Montero y Vidal, Historia general, III, 304 and 485, with reference -to the publication of the autos acordados of 1866. - -[360] Ibid., 7 and 12. - -[361] Ibid., 8. - -[362] Ibid., 1 and 2. - -[363] See Lea, The Inquisition in the Spanish dependencies, 70, 204, -265; 444-446. - -[364] Acuerdo of January 26, 1816, A. I., 106-4-19. - -[365] The constitutional reforms of 1812 included the separation of -the governorship from the presidency of the audiencia. In 1814 the -governor was again made president, and the offices were not entirely -separated until 1861. The governor's intervention in matters of -justice was merely nominal, however, after the creation of the office -of regent, in 1776.--Cédula of March 11, 1776, A. I., 106-2-12; Royal -Instruction to Regents, June 20, 1776, in Rodríguez San Pedro, VII, -22-23; Ordenanzas para el gobierno de la Audiencia de Manila, 9 de -Octubre, 1812; A. I., 106-4-19; Acuerdo de 15 de Enero, 1814, ibid. - -[366] Montero y Vidal, III, 30. - -[367] Ibid., 251. - -[368] Recopilación, 2-15-156 to 166. - -[369] On the basis of this the governor compiled and sent to Spain -a yearly report on the work of the magistrates, prosecutors, and -subalterns of the audiencia, setting forth the salaries paid and -character of services rendered, making recommendations for promotion -or complaints against these officials. Vacancies in the tribunal were -reported at the same time and in the same manner. - -[370] Recopilación, 2-15-11. Note the brief discussion of this -relationship in Smith, The viceroy of New Spain, 152-156. Dr. Smith -shows that the chief purpose of the Spanish government in establishing -the viceroy and audiencia together was to guarantee a check and -balance of one upon the other. Quoting Revilla Gigedo (Instruction, -Article 20), he says: "The presidency of the audiencia places the -viceroy at the head of that body but not to give orders to it, as -even his acts in matters of justice are subject to it; and although -he is present at its sessions, which is very difficult, considering -the grave and continuous occupations which so vast a command imposes -upon him, he does not have a vote in matters which are regularly -dealt with there--that is, matters of justice." Dr. Smith shows (162) -that the effect of the later laws of the eighteenth century was to -deprive "the viceroys absolutely of any part in the procedure of the -administration of justice, either alone or in company with the other -judges, voting with them in the audiencia" (from Revilla Gigedo, -Instruction, Article 64). The limitation of the governor of the -Philippines in legal matters is discussed further on in this chapter. - -[371] See Moses, Establishment of Spanish rule in America, 70-71. - -Philip III ordered the viceroy of New Spain to "give aid to the -governor and captain-general of the Philippines in whatever may occur, -and above all ... to send him on demand whatever may seem necessary -of arms, men, munitions, and money for the conservation of those -Islands, salaries, and presidios, and other matters under his care -(Recopilación, 3-4-13)." The viceroys also exercised a certain degree -of authority over the despatch of the galleons from Acapulco (ibid., -9-45-25 to 31, 47, 74 to 76). Aside from the points indicated, the -Philippines were normally as independent of New Spain as the latter -was independent of the Philippines. - -[372] Bourne, "Historical introduction," Blair and Robertson, I, 49-50. - -[373] Delgado, Historia de Filipinas, 212-215. - -[374] Delgado illustrates this statement as follows: "The legitimate -King of Borney, who had been dispossessed of his kingdom ... begged -for help from Don Francisco Sande, Governor of these Islands. Governor -Sande went with his fleet, fought with and drove away the tyrant, and -put the legitimate king in possession; the latter rendered obedience -to the governor, appointed in the place of the King of España, and -subjected himself to this crown as vassal and tributary." Further on -he writes, "His Majesty also ordered Sande, by a decree of April 9, -1586, to sustain friendship with China, and forbade him to make war; -for, as some authors say, Sande had the intention of conquering -that Empire, ... although it may be said that the idea was simply -speculative; the Council forbade it, and ordered him thenceforth to -observe what was prescribed" (ibid., see Blair and Robertson, XVII, -317-320, whose translation differs slightly from the above). - -[375] Recopilación, 3-3-2; 63, 64; 3-14-1, 33. - -[376] Instructions to Acuña, February 16, 1602, Blair and Robertson, -XI, 273-4. - -[377] Recopilación, 3-3-55; 3-2-33. - -[378] Ibid., 3-3-56; 2-15-159. - -[379] King to the Audiencia, December 4, 1777, A. I., 105-2-9. It -was seen in the preceding chapter, that the audiencia reported to -the Council of the Indies on the finances of the colony. - -[380] Recopilación, 3-3-57. - -[381] Ibid., 2-15-76 and 77. - -[382] Ibid., 3-2-1 to 6; 2-15-172. Governors and viceroys were -authorized by the cédula of April 20, 1776, to make permanent -appointments to offices whose salaries did not exceed 400 pesos -(ibid., 3-2, note 2). - -[383] Ibid., 3-2-67. - -[384] Ibid., 3-2-1, 10 to 12, 47, 48; 8-4-24. - -[385] Ibid., 3-2-8. - -[386] Villacorta to the King, July 6, 1767, A. I., 106-4-15. - -[387] Recopilación, 3-2-3, 4 and note, 21, 22, 47, 70; 5-2-5, 7, 8-4-1. - -[388] Ibid., 3-2-1, 2, 3, 8-4-1. - -[389] Ibid., 51. After February 20, 1785, this regulation applied -only to offices yielding more than 2000 pesos a year.--Ibid., note 17. - -[390] Ibid., 27. - -[391] Ibid., 33, 38. - -[392] King to the Audiencia, August 9, 1609, A. I., 105-2-1. - -[393] Fajardo to the King, December 10, 1621, Blair and Robertson, -XX, 138-140. - -[394] Recopilación, 2-15-34; 5-12-24; 2-16-29. - -[395] Ibid., 2-2-70. - -[396] Ibid., 3-2-45; 2-16-29. - -[397] Although a sufficient number of oidores were usually present -in Manila to suffice for the judicial needs of the audiencia, on -many occasions there were only two or three available. When but -few cases were before the tribunal, the junior oidor could easily -be spared to act as fiscal. However, when a magistrate was needed, -owing to the multiplicity of cases to be tried, or the absence of two -or more magistrates on special commissions, the need was very urgent, -and the fiscal was then liable to be called upon to serve. - -[398] Recopilación, 2-16-30. - -[399] Ibid., 3-2-67. - -[400] Ibid., 2-15-173 and 174. - -[401] Ibid., 3-3-70. - -[402] Ibid., 3-14-6, 7; Felipe III to Fajardo, December 13, 1620, -Blair and Robertson, XIX, 174-175. - -[403] Recopilación, 3-14-5, 6, 8. - -[404] Ibid., 2-16-59, 62 to 64; 3-3-39. A confirmation of the latter -was so often reported that it seems to have been expected, and nothing -was done about it. It would seem that practically every official in -the colony conducted a mercantile business as a side-issue. - -[405] Felipe IV to Fajardo, October 9, 1623, Blair and Robertson, -XX, 259; Recopilación, 2-16-66, 67. - -[406] Recopilación, 2-15-36, 39, 40. - -[407] Ibid., 2-16-82 to 84. - -[408] Ibid., 87. - -[409] Ibid., 82, note 20 (Cédula of January 23, 1754). - -[410] Cédula of July 13, 1789, A. I., 107-5-20. On June 21, 1784, -the Council of the Indies recommended that permission to marry within -his district be accorded to Oidor Ciriaco Gonzales Carvajal (A. I., -105-3-2); the same concession was recommended in the case of Oidor -Felipe Cisneros, June 30, 1788 (A. I., 105-3-4), and again to Francisco -Xavier de Mendieta, January 22, 1791 (A. I., 105-3-5). - -[411] Royal order of April 3, 1848; Rodríguez San Pedro, Legislación -ultramarina, VII, 79. - -[412] Royal order of December 2, 1804, A. I., 106-4-18. - -[413] Royal decree of October 13, 1806, A. I., 106-4-18. - -[414] Laws of May 3, 1605 and September 5, 1620, Recopilación, -2-16-43 and 44. - -[415] This was done, for example, by governors Fajardo and Bustamante, -while this law was still in force (1618-1624 and 1717-1719, -respectively). The observation of this law in Chile was commanded in -a royal order expedited to the president of the audiencia there on -September 22, 1725; see Recopilación, 2-16, note 13. - -[416] Ibid., note 14. - -[417] Ibid., 2-16-51. - -[418] Discussed in Chapter IV of this treatise. - -[419] Governors, captains-general, and viceroys were assisted by -an asesor, or legal adviser, who gave his opinion in all matters -of law that came up for solution. The necessity for this official -developed through the fact that as most governors were soldiers, -they were incapable of rendering judgment on legal and administrative -questions. As counselor to the governor, this official bore the same -relation to the executive as the fiscal did to the audiencia. The -asesor was held responsible in the residencia for all decisions -rendered by the governor in matters of justice, and in governmental -affairs the governor and asesor were jointly responsible. Frequently -the asesor was able to block completely the work of the audiencia and -his opinion nullified the judgments of magistrates who were as learned -in the law and as well qualified, if not better, than he. Martínez de -Zúñiga (Estadismo, I, 224) discusses the influence of the asesor in the -following terms: "Expedientes are sent to one of the two royal fiscales -to ascertain their legality; afterwards they are sent to the asesor -whom the governors must consult; the latter place (of asesor) is a very -good one, ... besides 2000 pesos as salary it has its private revenues -in addition to 500 pesos yearly from each of the royal monopolies -(discussed in Chapter V of this volume). There are many persons in -Manila who are exempted from ordinary justice through their military -connections or on account of being employed in the royal monopolies, -and as they depend on him, he exercises great power; ... there are few -who desire him for an enemy, for when they least think of it they are -in need of his favorable opinion in some expediente which they have -brought before the government." The laws of the Indies forbade that an -oidor should act as the governor's asesor if any other appointee with -the requisite qualifications were available (Recopilación, 3-3-35, -and note). See cédula (and accompanying expedientes) of September 26, -1756, A. I., 106-4-16. - -[420] Recopilación, 2-15-61 to 63, 169; 2-16-12, 31, 32. - -[421] Ibid., 2-15-38. - -[422] Ibid., 3-3-36, 38. - -[423] Ibid., 3-3-60. Relative to the relations of the viceroys and -audiencias of the Spanish colonies, Robertson (The History of America, -IV, 19-20) says: "The Spanish viceroys have often attempted to intrude -themselves into the seat of justice, and with an ambition which -their distance from the controul (sic) of a superior rendered bold, -have aspired at a power which their master does not venture to assume -... the viceroys have been prohibited, in the most explicit terms, -by repeated laws, from interfering in the judicial proceedings of the -courts of Audience, or from delivering an opinion, or giving a voice -with respect to any point litigated before them. In some particular -cases, in which any question of civil right is involved, even the -political regulations of the viceroy may be brought under review of -the court of Audience, which in those instances, may be deemed an -intermediate power between him and the people, as a constitutional -barrier to circumscribe his jurisdiction. But as legal restraints -on a person who represents the sovereign, and is clothed with his -authority, are little suited to the genius of Spanish policy; the -hesitation and reserve with which it confers this power on the courts -of Audience are remarkable. They may advise, they may remonstrate; -but in the event of a direct collision between their opinion and the -will of the viceroy, what he determines must be brought into execution, -and nothing remains for them, but to lay the matter before the king -and the Council of the Indies." - -[424] Recopilación. 3-3-27, promulgated July 19, 1614, conferred -general pardoning power on the viceroy. - -[425] Regent to the King, July 9, 1793, A. I., 106-4-18; Cédula of -October 24, 1803, A. I., 105-2-10. - -[426] Royal decree of July 4, 1861, Colección legislativa, LXXXVI, -1-45. - -[427] Recopilación, 3-3-65. It is to be noted that the New Laws -of 1542 conferred on the audiencias the duty of protecting the -Indians. Professor Moses, in his Spanish dependencies in South America, -I, (212-3), says: "The audiencias were commanded to inquire into the -treatment which the Indians had received at the hands of governors -and private persons; and, in case of excesses and ill-treatment, the -guilty parties should be punished.... While it was acknowledged that -some persons had a sufficient title to hold Indians, it was ordered -that when the number held was excessive, the audiencia should gather -the necessary information and reduce the allotments made to the said -persons in a fair and moderate quantity 'and place the rest under -the Crown'." - -[428] Ibid., 53. - -[429] Ibid., 3-3-61; 3-4-7. We have a notable illustration of this in -the banishment of Archbishop Poblete by Governor Salcedo (1663-1668) as -a result of the resistance of the former to Salcedo's intervention in -ecclesiastical matters on the basis of the royal patronage. Salcedo did -not solicit the aid or intervention of the audiencia in this matter. - -[430] Ibid., 2-16-8. - -[431] Ibid., 3-3-58; King to Audiencia, March 6, 1781, A. I., 105-2-9. - -[432] Instruction to Tello, May 25, 1596, Blair and Robertson, IX, -229, 232-233, 238-239. - -[433] Recopilación, 1-14-29 to 31. - -[434] Ibid., 31. - -[435] King to the Audiencia, March 6, 1781, A. I., 105-2-9. - -[436] Recopilación, 3-3-45. - -[437] This is treated in the first chapter of this book. See Solórzano, -Política Indiana, II, 271-279. - -[438] Recopilación, 2-15-11. - -[439] Constitution of 1812, Martínez Alcubilla, III, 408 et seq.; -Acuerdo for the promulgation of the Constitution of 1812, Montero y -Vidal, III, 404; Acuerdo of January 15, 1814, Ordenanzas, etc., A. I., -106-4-19; Cédula of September 26, 1835, Zamora y Coronado, Apéndice, -41-138; Royal Decree of January 30, 1855, Colección legislativa, -LX, 105-147; see also Royal Instruction to Regents, June 20, 1776, -and Cédula of April 8, 1778, in Rodríguez San Pedro, Legislación -ultramarina, VII, 22-28. - -[440] Ordinances enacted by the Audiencia of Manila, June 13 to -December 19, 1598, Blair and Robertson, X, 293-316; Ordinances etc., -January 7, to June 15, 1599, ibid., XI, 1-81. Reference may also -be made to the five volume Colección de autos acordados de la real -audiencia ... de Manila, 1861-1866; see also Estadísticas de las causas -y expedientes de gobierno despachadas por la audiencia de Filipinas -durante el año de 1876. For New Spain we have the Recopilación sumaria -de algunos autos acordados de la real audiencia de Nueva España, -Mexico, 1787. Of similar import and character was the well-known -collection of Puga, cited in the bibliography of this volume. See -also Solórzano, Política Indiana (2 vols.). - -[441] Blair and Robertson, L, 191-264; see, also, Montero y Vidal, -Historia general, I, 380-385, also correspondence relative to the -modifications of these ordinances by Raón in A. I., 105-4-5. Marquina's -efforts along this line may be noted in A. I., 105-4-6. - -[442] Acuerdo of January 15, 1814, A. I., 106-4-19; see also Montero -y Vidal, Historia general, III, 404; 430. - -[443] Carvajal to the King, December 5, 1785, A. I., 107-5-14; -Carvajal to the Audiencia of Manila, December 29, 1787, A. I., -107-5-15; Testimonio del expediente sobre poner la real jurisdicción -y el gobierno y policía de estas islas en el ser y estado que tenían -antes, December 20, 1788, A. I., 107-5-18, 105-3-5. - -[444] King to the Audiencia, August 13, 1793, A. I., 105-2-10. - -[445] Recopilación, 3-2-70 (after 1680), 67. - -[446] Rodríguez San Pedro, Legislación ultramarina, VII, 67. - -[447] Mas, "Internal political condition of the Philippines," in -Blair and Robertson, LII, 70-73. Mas was a Spanish diplomatic official -stationed in China, who visited the Islands in 1842 on a semi-official -mission. This writer was not favorably impressed with the effectiveness -of the acuerdo. He wrote: "Whatever difficulty occurs in the fulfilment -of an order, it must be solved by means of a conference and advice -[consulta], from which a reply is not obtained until from twelve -to fourteen months." Instead of governmental matters being referred -to the acuerdo, Mas stated that they were referred to Spain, hence -there was great delay. He stated that the governor scarcely decided -any question by himself, and those which were solved in the colony -were referred to the asesor, and "from this practice," he continued, -"arises the system of expedientes, which reigns, and which is so fatal -to the prosperity and good government of the country, since very often -the arrangement that appears good to some, is contrary to the opinions -or interests of others.... Thus much valuable time is lost and the -expedientes result in only a waste of paper, besides great injury -to the islands. The governor often has to conform to the opinions -expressed in the expediente, although he knows they will be the cause -of injustice. On the other hand, the governor is often directly at -fault, because he enforces his own opinion on his assessor (sp.), who -has often obtained his position through favoritism and is not a lawyer, -and decides questions according to the will of the governor.... The -chiefs of the various departments carry on correspondence with the -directors-general of their respective departments in Madrid, without -the knowledge of the governor, a fact that increases the confusion -and disorder." (See also Revilla Gigedo's description of the evils of -the expediente in New Spain [1790]. Smith, The viceroy of New Spain, -190-191.) - -This description of the Philippine government in 1842 would seem -to indicate that aside from the limitations imposed upon his rule -by the audiencia, the governor was obliged to contend with a number -of other officials, departments, and regulations, which effectively -prevented him from exercising absolute power, even at the sacrifice -of efficiency. We note in this description, moreover, that tendency -of Spanish colonial government which has been emphasized so often in -this treatise--namely, the failure of the home government to leave -to the colonial officials sufficient scope of action or authority -to deal adequately with the ordinary problems of government. Up to -the end of the eighteenth century the audiencia was the only civil -authority or tribunal present to exercise any check on the executive -in administrative affairs. However, in the last century the importance -of the audiencia in this regard was diminished by the creation of -other departments, ministries, and offices, by the elimination of -time and space, due to the progress of invention, which brought the -colonies nearer to Spain, and finally by the fact that the tribunal -itself was more and more confined to judicial affairs. - -[448] Governor Torres to the Queen, March 18, 1835, A. I., 106-4-21. - -[449] Colección legislativa de España, LXXXVI, 1-45. Elliott, in -his Philippines to the end of the military regime, p. 242, states -incorrectly that this reform took place in 1865. Mr. Elliott did not -make use of the sources. It is to be noted, too, that Dr. Barrows -in his article on "The governor general of the Philippines," in The -Pacific Ocean in history makes contradictory statements relative to -this matter. On page 242 he asserts that the governor was president -of the audiencia till 1844, and on page 248 the statement occurs that -"a further specialization of 1861 deprived the governor-general of -his judicial powers." - -[450] Instruction of the King to Governor Acuña, February 16, 1602, -Blair and Robertson, XI, 263-88. - -[451] Fray Sánchez, in his memorial of July 26, 1586, stated that -the audiencia had stopped the practice of conceding encomiendas -(A. I., 67-6-27), which the governors had followed prior to its -establishment. Nevertheless the governor's authority to bestow -encomiendas was recognized by the royal instructions to Governor -Dasmariñas, issued May 25, 1593 (Blair and Robertson, IX, 232). The -statement of Sánchez may be interpreted to mean that the audiencia -had stopped the abuses which had been perpetrated by various governors -in bestowing encomiendas on their friends. Encomiendas were conceded -by different governors in the Philippines throughout the eighteenth -century. This matter has been discussed in an earlier note. - -[452] Mas, "Internal political conditions of the Philippines, 1842," -Blair and Robertson, LII, 69-70 and note. The keen observations of this -official on social and governmental conditions in the Philippines are -peculiarly pertinent, and they are as true in many regards today as -they were seventy-five years ago. He recommended a regency to govern -the Philippines, consisting of the governor as president, a military -commander and an intendant of finance. The audiencia, according to his -plan of reform, was to be limited to judicial affairs, with appellate -jurisdiction over civil, criminal, and commercial cases. Instead of -the audiencia as a court of appeals against the governor, the regency -was to entertain appeals from the audiencia. Many of his ideas were -incorporated into the new laws of the last half of the nineteenth -century (ibid., 78-85). - -[453] Recopilación, 5-12-22; 2-15-35; 36, 41. - -[454] Ibid., 3-3-51. - -[455] Ibid., 2-15-35, 36, 41; 3-3-2, 34, 42; 3-14-1; 5-12-22. - -[456] Acuña to Felipe III, July 15, 1604, Blair and Robertson, -XIII, 235. Acuña stated that the soldiers and military officials -were "discontented and grieved at the ill-treatment which the said -auditors accord them; and at seeing that they are hindered by them, -an auditor commanding at his will the arrest of a captain, official, or -soldier, without cause or reason, and interfering in all the details of -service--even going so far as to inspect their quarters, and send them -to the public prison, for very trivial affairs, against all military -precedents." The governor said that when affairs went on in a peaceful -and orderly way, it was because the oidores were not interfering with -them. He stated that it was the opinion of all right-thinking men -that soldiers were of more use in the colony than judges (ibid., 237). - -[457] The terms of these governors were as follows: Fajardo, 1618-1624; -Corcuera, 1635-1644; Vargas, 1678-1684; Arandía, 1754-1759; Anda, -1762-1764, 1770-1776. - -[458] Rios Coronel to the King, June 27, 1597, A. I., 67-6-19; see also -Bourne, "Historical introduction," in Blair and Robertson, I, 53, note. - -[459] These arguments are noted in detail in Chapter II of this volume. - -[460] Viana to Carlos III, May 1, 1767, Blair and Robertson, L, -126-135. - -[461] Delgado, 212-215, reproduced in Blair and Robertson, XVII, 316. - -[462] "But," he continued, "if a man come to these islands with the -intention of escaping his natural poverty by humoring the rich and -powerful, and even obeying them, the wrongs accruing to the community -are incredible" (ibid., 317). - -[463] Reforms in Filipinas, April 26, 1827, by Manuel Bernáldez -Pizarro, Blair and Robertson, LI, 219; see 213-218. - -[464] Montero y Vidal, Archipiélago Filipino, 162-168. "The Spanish -régime in Filipinas lasted 333 years.... During that time there were -97 governors--not counting some twenty who served for less than one -year each, mostly ad interim, and the average length of their terms of -office was a little less than three and one-half years, a fact which -is an important element in the administrative history of the islands" -(Blair and Robertson, L, 74, note 46). - -[465] Recopilación, 3-3-3. - -[466] Ibid., 3-11-1 to 3. - -[467] Ibid., 3-11-1, 2, 3 to 10; 3-10-3, 11; 5-10-15. - -[468] Ibid., 2-2-72, 74, 77; Consulta de 18 de Febrero de 1673 sobre -atribuciones de la Junta de Guerra de Indias, A. I., 141-5-8. - -[469] Auditor de guerra, "the juez letrado, who has jurisdiction -in first instance over cases under the military law, subordinate to -the captain or commandant-general of an army or province" (Escriche, -Diccionario, I, 369). - -[470] Royal order of January 30, 1855, Colección legislativa de España, -LXIV, 105-147. - -[471] Royal order of January 22, 1787, A. I., 107-5-16. - -[472] That the consejo de guerra was something more than a -(tribunal of) courtmartial and that it actually participated in -the administration of military affairs may be seen in the cédula of -June 22, 1599, which authorized the local consejo to act with the -audiencia and cabildo in restraining the military officials in the -provinces from imposing undue exactions on the natives, assessing -them too heavily or confiscating their property in the equipment of -military forces in time of threatened invasion (Recopilación, 3-4-3). - -[473] On March 12, 1781, Governor Basco y Vargas complained to the -king against the inconvenience of having to appeal the decisions of -the local council of war to the Supreme Council in Madrid. This was -the practice followed in other parts, he said, but it was undesirable -in the Philippines on account of the isolation and the distance. He -recommended instead that these cases should be appealed to a board -consisting of the governor and two asesores--one his own, and the -other an oidor to be designated by him. This recommendation was not -accepted (A. I., 106-1-18). - -[474] Audiencia to Váldez, December 11, 1788, A. I., 107-5-16. - -[475] Royal order of March 27, 1802, A. I., 107-5-16. - -[476] Case of Don Diego Salvatierra, November 20, 1792, A. I., -105-2-10. - -[477] Case of Don Josef de Áviles, November 2, 1792, A. I., 105-2-10. - -[478] Recopilación, 2-16-12; 2-15-36. - -[479] Ibid., 2-16-11. - -[480] The memorial which the governor sent in answer to the arguments -of the oidor was an interesting exposition of his opinion of the -audiencia. He said that the lack of time alleged by the oidor was -a mere pretense, as the regular sessions of the audiencia did not -exceed three hours a day. The governor stated that none of the oidores -were occupied more than that length of time, excepting those who -had special conservatorships of cockpits, tobacco, cards, betel, and -wine. The suits of Spaniards and Indians were few, he alleged, since -most of the questions involving commerce were tried in the tribunal -of the consulado (Governor Marquina to the superintendent-general, -July 10, 1789, A. I., 107-5-18); see Chapter III, note 88. - -[481] Recopilación, 3-11-2. - -[482] Ibid., note 2. - -[483] See citation of the cédula of January 24, 1773, applicable -to Perú, wherein an oidor was permanently charged with the duty of -serving as auditor de guerra (ibid.). - -[484] Morga states that after the audiencia was established in May, -1584, "they (the oidores) began to attend to the affairs both of -justice and of war and government" (Morga's Sucesos, Blair and -Robertson, XV, 60). - -[485] Memorial of April 19, 1586, Blair and Robertson, VI, 197-233. The -purpose of the proposed expedition was declared to be to "forestall the -danger that the French and English, and other heretics and northern -nations, will discover and navigate that strait which certainly -lies opposite those regions--that of Labrador." A note suggests -that this probably referred to the St. Lawrence River. Delgado says -that Governor Sande called this council together on April 9, 1586, -evidently meaning Santiago de Vera, as the latter became governor -in 1584, and Sande left the Islands in 1580. De Vera's signature is -affixed to this petition. Other letters of special importance, from -the audiencia or individual oidores to the court, entirely or in part -on military affairs, written during this period, may be noted in Blair -and Robertson, VI, 56-65, 157-233, 254-264, 265-274, 311-321, XVII, -251-280, and throughout this series from Volumes VI to XXXV (1584-1650) -especially. The general subject is covered in A. I., 67-6-6 to 26. - -[486] Luzón Menaced, Blair and Robertson, VIII, 284-297. We shall see, -in the next chapter, that Governor Bustamante, on a similar occasion, -asked for the written advice of the various ecclesiastical authorities -and corporations on the question of whether he had a right to remove -and appoint oidores without express royal authorization. - -[487] Opinions of the religious communities on the war with the -Zambales. January 19-20, 1592, Blair and Robertson, VIII, 199-233. - -[488] Audiencia to the King, January 7, 1597, A. I., 105-2-1. - -[489] A. I., 105-2-1 to 10 are replete with documents illustrating -this phase of the relation of the audiencia and the governor. - -[490] Torre to the King, July 26, 1744, A. I., 108-2-21. - -[491] Report of Council of War, June 18, 1746, A. I., 108-2-21. See -note 17 of this chapter, which deals with the local council of war. On -the occasion referred to, it acted as a courtmartial. It also had power -to advise the governor, and even to prevent the military officials from -taking steps which would inflict injustice on the natives in connection -with military operations. Here it may be seen that magistrates were -actually members of this council, and in this capacity they advised -the governor as to the best means of fortifying and defending the -Islands. The laws of the Indies are singularly lacking in definite -statements as to the legal composition and membership of this council. - -[492] Obando to the King, August 15, 1748, A. I., 108-2-21. - -[493] Morga's Sucesos, Blair and Robertson, XV, 205-237. - -[494] Martínez de Zúñiga, An historical view, I, 239-241. - -[495] In recommending the services of Licentiate Madrid y Luna, -oidor of the Manila audiencia, Alcaraz wrote to the king as follows: -"On that account, and for the good accomplished by his services in -this Royal Audiencia, the said Licentiate Madrid claims that your -Majesty should grant him as a reward permission to marry some of his -seven daughters and three sons in Mexico" (Alcaraz to Felipe III, -August 10, 1617, Blair and Robertson, XVIII, 52). - -[496] Formosa lost to Spain, Blair and Robertson, XXXV, 128-162. - -[497] Audiencia to the King, July 15, 1598, A. I., 67-6-18. - -[498] Audiencia to Felipe III, August 8, 1620, Blair and Robertson, -XIX, 77-89. - -[499] Recopilación, 5-3-24; also A. I., 105-2-1. - -[500] Recopilación, 2-15-55. Don Antonio de Morga, writing in his -Sucesos in 1609, described the Chinese government of the Parián as -follows: "The Chinese have a governor of their own race, a Christian, -who has his officials and assistants. He hears their cases in affairs -of justice, in their domestic and business affairs; appeals from him -go to the alcalde-mayor of Tondo, or of the Parián, and from all these -to the Audiencia, which also gives especial attention to this nation -and whatever pertains to it" (Morga's Sucesos, Blair and Robertson, -XVI, 197). See W. L. Schurz, "The Chinese in the Philippines," in -The Pacific Ocean in history, 214-222. - -[501] The Chinese were altogether too shrewd in business for the other -residents of Manila. The desire to avoid trouble and to keep from -provoking the Chinese to rebellion were also factors, and there were -institutional and religious reasons. The Chinese were of different -race and heritage and their practices and beliefs were regarded by -the Catholic Spaniards as altogether heathenish and heretical, and -judging by almost any standard of morality and cleanliness it must -be conceded that some of them at least were indecent and revolting. - -[502] Cédula of December 1, 1606, A. I., 105-2-1. - -[503] Recopilación, 6-18-6. - -[504] King to the Audiencia, December 4, 1630, A. I., 105-2-10. The -Chinese had asked the king on this occasion to remove Governor -Tavora. The magistrates, jealous of the governor, and desiring to -see him dispossessed of his office, forwarded this request to the king. - -[505] Royal instructions to Gerónimo Ortiz y Capata; February 4, -1631, A. I., 105-2-1. - -[506] King to the Audiencia, December 4, 1630, A. I., 105-2-10. - -[507] King to the Audiencia, August 8, 1609, A. I., 105-2-1. - -[508] King to Governor Silva, March 27, 1616, A. I., 105-2-1. - -[509] King to the President and oidores, July 25, 1619, A. I., 105-2-1. - -[510] King to the President and oidores, December 21, 1630, A. I., -105-2-1. - -[511] Acuerdo of July 27, 1713, A. I., 68-4-17. - -[512] Attention was called in the last chapter to the acuerdo power of -the audiencia in Chinese affairs. It was seen there that the audiencia -passed ordinances regulating the Chinese trade, also their organization -and manner of living in the Islands. - -[513] King to the President and oidores, May 14, 1790, A. I., -105-9-10. This tax was collected from the Chinese in 1852, when Jagor, -the celebrated German traveller, visited the Islands. Chinese who -were engaged in agriculture paid merely the tribute of twelve reales, -which was collected from natives as well. In addition to the tax of -six dollars (probably Mexican, which were equivalent to the silver -peso) merchants paid an industrial tax of twelve, thirty, sixty, or -one hundred dollars, according to the amount of business transacted -(Blair and Robertson, LII, 57-58, note). - -[514] Consulta of June 28, 1786; Intendant Carvajal to King, December -31, 1787, and other letters; A. I., 107-5-15. - -[515] Testimonio de autos sobre sublevación de los sangleyes, -substanciados y determinados por el oidor, Don Pedro Sebastián Bolívar -y Meña, 1686-1690, A. I., 68-1-27. - -[516] Marquina to the King, June 30, 1793, A. I., 107-5-22. - -[517] King to the Audiencia, November 30, 1797, A. I., 105-2-18. - -[518] King to the Audiencia, February 19, 1806, ibid. - -[519] See Chapter II, notes 61 and 64 of this book. The study which -Dr. David P. Barrows has recently made of the office of governor -and captain-general is of value in showing the continuity, and at -the same time the evolution of the office from Spanish times to -the present. Dr. Barrows states that Miguel López de Legaspi became -governor and captain-general of the Philippines when the office was -created in 1567. The original cédula of establishment and appointment -is in Blair and Robertson, III, 62-66, and bears the date of August -14, 1569. See Barrows, "The governor-general of the Philippines under -Spain and the United States," in The Pacific Ocean in history. p. 239. - -[520] Fiscal to the King, July 21, 1599, Blair and Robertson, XI, -114, 115; Maldonado to the King, June 28, 1605, ibid., XIII, 307-315. - -[521] Audiencia to Felipe III, August 8, 1620, ibid., XIX, 87-89; -see also Messa y Lugo to King, July 30, 1622, ibid., XX, 161-163. - -[522] Messa y Lugo to the King, July 30, 1622, ibid., XX, 162-163; -see Recopilación, 9-45-3. - -[523] Recopilación, 8-20-1. - -[524] Recopilación, 2-16-43 and 44. - -[525] Messa y Lugo to the King, op. cit., 186. - -[526] Blair and Robertson, XXXIX, 177. - -[527] In accordance with Recopilación, 5-15-2. - -[528] Foreman, Philippine Islands, 60; Blair and Robertson, XXXIX, -208-219. - -[529] The governor arrested and imprisoned magistrates Zalaeta -and Lezana before the arrival of Valdivia. Oidor Viga was exiled to -Samar and Bolívar was sent to Mariveles. Both of these last-mentioned -magistrates died in exile. By the time Valdivia arrived Fiscal Alanis -was the only person connected with the former audiencia who was left -to be punished. His residencia was taken and his property confiscated -(Blair and Robertson, XXXIX, 135, 231-233, 277, 281-295). - -[530] Bolívar to Valdez, June 15, 1685, ibid., 221. - -[531] Ibid., 223. - -[532] Pimentel to Rodríguez, February 8, 1688. Blair and Robertson, -XXXIX, 240. Pimentel accused the governor of scandalous conduct, -"in the matter of chastity, not sparing any woman, whatever may be -her rank or condition; and he keeps some worthless women who serve -as procuresses for conveying to him those whose society will give him -most pleasure." Pimentel stated that the archbishop and the friars of -the city did nothing to check this conduct, but knowingly permitted it. - -[533] Pimentel to Rodríguez, February 8, 1688, XXXIX, 239-240. - -[534] Ibid., 242-243. - -[535] Torralba to the King, June 23, 1718, A. I., 68-4-18. When -Governor Bustamante arrived in Manila in 1717, Torralba's services as -oidor and temporary governor, extending over a period of eight years, -were investigated. Wholesale bribery was the leading charge against -him. He had levied blackmail on alcaldes mayores, encomenderos, and -Chinese and Spanish merchants. He was also charged with the misuse of -government funds, and was held responsible for large deficits. It was -said that he had sent his wife to Macao with most of this ill-gotten -money. In his residencia he was fined 120,000 pesos, exiled forever -from Madrid, Manila and New Spain, and was reduced subsequently to -such poverty that he was compelled to beg. He died a pauper in the -hospital of San Juan de Diós, in Cavite, in 1736. - -[536] Government of Bustamante, Blair and Robertson, XLIV, 151; this -account (pages 148-165) is a summary of Concepción, Historia general, -IX, 183-424; see also Montero y Vidal, Historia general, I, 410-429. - -[537] Consulta del gobierno de Filipinas sobre la formación de aquella -audiencia, 2 de Mayo de 1718, Zulueta Mss., Manila. - -[538] Report of Archbishop de la Cuesta on the Bustamante Affair, -June 28, 1720, Blair and Robertson, XLIV, 182-195. - -[539] Recopilación, 2-15-11. - -[540] Ibid., 2-16-29. - -[541] Contestación de la Compañía de Jesús, 6 de Mayo de 1718, -Zulueta Mss., Manila. - -[542] Recopilación, 2-16-93. - -[543] Opinión de la Universidad de Santo Tomás, 9 de Mayo de 1718, -Zulueta Mss., Manila. - -[544] Recopilación, 2-16-44. - -[545] The legal phases of this question together with the opinions -of the royal fiscal and the leading councillors are set forth in -the consulta of the Council of the Indies of March 18, 1720, A. I., -68-2-8. In this consulta an effort is made to fix responsibility for -the murder of the governor, and to determine the legality of his acts. - -[546] This refers to the reception of the French papal delegate, -Tourón, who came to the Islands to inspect the archbishopric, and who -was received by the audiencia without the authority of the Council -of the Indies. This will be treated further in Chapter X of this book. - -[547] Fr. Diego de Otazo, the Jesuit confessor of Bustamante, in a -letter to his superior, described the power of the governor and his -treatment of the audiencia as follows: "Here, my father," he wrote, -"the governor takes away and establishes, gives, commands, unmakes and -makes more despotically than does the king himself;... Royal decrees -are not sufficient; for either he hides them, or he does not fulfill -them as he ought. The Audiencia does not serve [as a check] on him, -for he suppresses and he establishes it, when and how he pleases; -nor do other bodies, whether chapters or [religious] communities -(dare to oppose him), ... for he does the same thing [with them]. And -never do there lack pretexts for doing thus, even though such bodies -are appointed by the king; and with the pretext that account of the -matter has already been rendered to Madrid, what he has begun remains -permanently done, or else he proceeds to change it, as seems good to -him." (Letter of Diego de Otazo, S. J., November 19, 1719, Blair and -Robertson, XLIV, 175.) - -[548] Recopilación, 2-16-93. - -[549] Government of Bustamante (from Concepción), Blair and Robertson, -XLIV, 161. - -[550] Recopilación. 2-16-43, 44, 46. - -[551] King to Basco y Vargas, December 10, 1783, A. I., 105-2-10. - -[552] Sociedad de los Amigos del País, an economic, commercial, -and agricultural society established in the Philippines by Governor -Basco y Vargas in 1780.--Original autos and plans for society in -A. I., 106-1-14. - -[553] Audiencia to the King, December 17, 1788, A. I., 106-4-17. - -[554] Expedientes sobre establecimiento de intendencias y -subintendencias en Filipinas, A. I., 105-1-17, 107-5-18, 105-3-5, -146-6-13. - -[555] King to the Audiencia, August 1, 1788, A. I., 105-2-10. - -[556] King to Basco y Vargas, October 9, 1777, A. I., 105-2-9. - -[557] Audiencia to the King, December 23, 1789, A. I., 106-4-17. - -[558] Montero y Vidal, Historia general, II, 324, note. - -[559] For further testimony bearing upon the formative period of -the audiencia's history, see Chapter II of this volume, wherein -are described the conflicts attendant on the establishment of the -audiencia in the Philippines. - -[560] Dasmariñas to Felipe II, June 6, 1592, Blair and Robertson, -VIII, 253. - -[561] Acuña to Felipe III, July 15, 1604, Blair and Robertson, -XIII, 232. - -[562] Acuña continued as follows: "If the governors do not consent -to this (the appointment of the relatives and dependents of oidores), -the auditors dislike them, and seek means and expedients whereby the -worthy persons to whom the said offices and livings are given shall -not be received therein. Accordingly the governors, in order not to -displease the auditors, give up their claims and dare not insist upon -them" (ibid., 234). - -[563] Acuña further commented on their commercial abuses: "The said -creatures and connections of the said auditors trade and traffic a -great deal in merchandise from China; and the citizens complain that -it is with the auditors' money (their own or borrowed), and that with -the favor they receive they cause great injury to the commonwealth, for -they take up the whole cargo. They desire to be preferred therein, and -in buying the cloth and in every other way, try to take advantage. If -the president wishes to remedy this they do not cease to offer him -little annoyances; for the auditors know how to magnify themselves, -in such a manner that they give one to understand that any one of -them is greater than he; and they attain this by saying that what -the president or governor does they can cancel, and that what the -auditors decree has no appeal, recourse, or redress" (ibid., 234-5). - -Acuña testified that the magistrates had rendered life unpleasant -for the residents of the colony, because of their selfishness. He -continued: "the resources of this land are scanty, but if there is -anything good the auditors also say that they want it for themselves; -and when there is a Chinese embroiderer, tailor, carver, or other -workman, they proceed to take him.... Such benefits do not extend -to the citizens; but rather, if any of these things are available, -the said auditors demand them and by entreaty and intimidation get -possession of them. It is the same thing in regard to jewels, slave men -and women, articles of dress, and other things.... We are compelled -to overlook these things, and others of more importance, that we may -not experience worse trouble; ... as your Majesty is five thousand -leguas from here and redress comes so slowly" (ibid., 235-236). - -[564] Their salaries must be preferred, he wrote, "even if it be -from the stated fund for the religious orders, bishops, ministers -of instruction, and for the military forces, who are before them in -order,--they have difficulties and misunderstandings with the royal -officials (ibid., 236) ... as the treasury is always straitened -(sic), and, on account of the great care which the auditors take -to collect their salaries, as it cannot be so prompt as they would -wish, they seek borrowed money from the citizens--who give it to -them, willingly or unwillingly, each one according to his means or -designs. From this follow difficulties, to which they pay no heed; -as some of them demand these loans from persons who are parties to -suits at the time, who grant these to the auditors in order to place -them under obligations, and profit by them" (ibid., 239). - -[565] The rebellion referred to here occurred in 1603. It was said to -have been instigated by two mysterious mandarins who came to Manila for -the alleged purpose of searching for a mountain of silver, which was -located near Cavite. On the Eve of St. Francis the Chinese made their -attack with great success, owing, the ecclesiastical element claimed, -to the personal intervention of St. Francis, who appeared on the -walls and led his followers to victory. In this revolt 24,000 Chinese -were hunted down and slain. In 1639 another rebellion occurred. A -third insurrection of the Chinese took place in 1660. In 1763 the -Chinese joined with the British in their attack on the city. It is -estimated that Anda, in his campaign in the provinces, put an end -to 6,000 Chinese. Another massacre, and the last in the history of -the Islands, took place in 1820. This was an uprising of the natives -against all foreigners who were thought to be responsible for the -plague of cholera then raging (Foreman, Philippine Islands, 108-119; -A. I., 105-1 to 10 and 68-1-27). - -[566] The entire dependence of the colony on the Chinese trade is -attested by Concepción (Historia general, IV, 53). He states that: -"Without the trade and commerce of the Chinese these dominions could -not have subsisted." Morga, in his Sucesos (349), further testifies: -"It is true the town cannot exist without the Chinese, as they are -the workers in all trades and business, and are very industrious, -working for small wages." - -[567] Acuña to Felipe III, July 15, 1604, Blair and Robertson, XIII, -239-241. - -[568] Fajardo described "the oppression caused by the multitude of -relatives and followers (of the auditors); their appropriation of -the offices and emoluments, to the injury of the meritorious; their -hatred and hostility to those who unfortunately fall out with them; -their trading and trafficking, although it be by an intermediary, since -they, being men of influence, buy the goods at wholesale and protect -their agents." He stated that this caused him great embarrassment and -made good government almost an impossibility (Fajardo to Felipe III, -August 10, 1618, Blair and Robertson, XVIII, 126). - -[569] "The auditors," Fajardo wrote, "have few important matters that -oblige them to close application, (and) they must apply the greater -part of their time to devising petty tricks on the president in order -to vex and weary him, until, [as they hope] not only will he allow them -to live according to their own inclination but also their relatives -and followers shall, in whatever posts they desire, be employed and -profited. And since harmony has never been seen here without this -expedient, one would think it easy to believe such a supposition" -(Fajardo to the King, August 15, 1620, Blair and Robertson, XIX, -120-121). - -[570] Recopilación, 8-20, 21, 22. - -[571] Decree written on margin of letter: Fajardo to the King, August -15, 1620, Blair and Robertson, XIX, 136. - -[572] Ibid., 122. - -[573] Fajardo to Felipe III, August 10, 1618, Blair and Robertson, -XVIII, 126. - -[574] Fajardo to the King, July 21, 1621, Blair and Robertson, XX, 53. - -[575] Ibid., 54. Fajardo continued as follows: "To such a point has it -(the dissension) gone that if this country were not involved in the -perils of war as it has been, and as they are still threatening it, -I should beseech your Majesty to place it in charge of some other -person, who would be more interested in documents. But may God not -choose that I should be relieved from the service of your Majesty, -in which from the age of fifteen years I have been engaged; ... It -would be no little pleasure to me to be employed in naval and military -affairs and other things in which, with my counsel and my personal -aid, I might be able to help; and to know that the matter of auditors -and their demands, their rivalries, and their faultfinding, should -concern another."--Ibid., 55-56. - -[576] Concepción, Historia general. VII, 168 et seq.; see Lea, -Inquisition in the Spanish dependencies. 299-318, and Cunningham, -"The inquisition in the Spanish colonies; the Salcedo affair," in the -Catholic historical review, III, 417-445. The Salcedo affair will be -more fully discussed in Chapter XI, of this book, which treats of the -relations of the audiencia and the church; citations 60-72, Chapter XI. - -[577] See Augustinians in Philippines, in Blair and Robertson, XXXVII, -235, 239, 269-273. - -[578] Robertson, History of America, IV, 20. See Chapter VI, note 54, -of this book. - -[579] Recopilación, 2-15-46. - -[580] Moses, The Spanish dependencies in South America. 1, 221. The -Council of the Indies manifested its disapproval of the acts of the -audiencia and of Pizarro by commissioning Pedro de Gasca as president -of the Audiencia of Lima. Gasca was ordered to restore that viceroyalty -to the sovereignty of Spain, and to do whatever the king would do under -like circumstances. This was in May, 1546. "He (Gasca) was at the head -of every department of the administration," writes Professor Moses; -"he might raise troops, appoint and remove officers, and declare war; -he might exercise the royal prerogative of pardoning offenses; and was -especially commissioned to grant an amnesty to all who had been engaged -in the rebellion. He was authorized to revoke the ordinances which -had caused the popular uprising and the overthrow of Blasco Núñez; -and, returning to the earlier practice, he might make repartimientos, -or confirm those which had been previously made. In accordance with -his expressed wish, he was granted no specific salary, but he might -make any demands on the treasuries of Panama and Peru." Ibid., I, 225. - -[581] Ibid., I, 264. - -[582] Ibid., I, 267. - -[583] Ibid., I, 276-301. See Recopilación, 2-15-8. - -[584] Ibid., II, 82. - -[585] Ibid., II, 16. - -[586] Ibid., I, 361. - -[587] Bancroft, History of Mexico, II, 273-295. - -[588] Ibid., II, 318-340; 367-381. - -[589] Ibid., II, 410. - -[590] An audiencia was created at Compostela, Nueva Galicia, in -1548. This tribunal bore the same relation to the audiencia and viceroy -in Mexico as did that of Santa Fé de Bogotá to those in Lima. The -Audiencia of Nueva Galicia had both judicial and administrative -functions, exercising its jurisdiction over the partidos and -corregimientos, with their respective alcaldes and corregidores. It -concerned itself, moreover, with projects of conquest, discovery, -the development of mines, and internal improvement. Subsequently this -audiencia was transferred to Guadalajara and given that name. See -Recopilación, 2-15-7. - -[591] Bancroft, History of Mexico, II, 586. - -[592] Ibid., II, 602-7. - -[593] It is interesting to note that in 1564, while the Audiencia of -Mexico was governing ad interim, the voyage of Legaspi and Urdaneta -was undertaken, and the first permanent settlement was made in the -Philippines by authorization of that tribunal. Bancroft (History of -Mexico, II, 599-600) is both indefinite and inaccurate in his account -of the expedition of Legaspi and Urdaneta to the Philippines. He -says: "Finally on the 21st of November, 1564, the squadron sailed, -and after a prosperous voyage, reached Luzón, where Legaspi founded -the city of Manila." It is well known that Legaspi did not sail -directly to Luzón, as Bancroft implies, but he visited a number of -islands in the Archipelago before he settled at Cebú on April 27, -1565. Manila was not formally claimed until May 19, 1571 (Montero y -Vidal, Historia general, I, 39; Martínez de Zúñiga, An historical view, -113-119). Bancroft (op. cit., II, 743) states that Manila was founded -in 1564 by Miguel de Legaspi. Manila was a prosperous commercial center -before the Spaniards came to the Islands. Dr. James A. Robertson in his -article entitled "Legaspi and Philippine colonization" (see American -Historical Association, Annual report, 1907, I, 154), states on the -basis of original documents that "this well-situated and busy trade -center was erected into a Spanish city on June 3, 1571, and on the -24th the necessary officials were appointed." Dr. Robertson states -in a note (p. 154) that "possession was taken of Luzon, June 6, 1570." - -[594] Recopilación, 8-4-24. - -[595] Ibid., 3-2-47. - -[596] Ibid., 2-15-47 and 48. - -[597] King to the Audiencia, November 23, 1774, quotes the cédula -of September 13, 1608, as testimonio; A. I., 105-2-9. A copy of this -cédula also exists in A. I., 67-6-3. - -[598] Testimonio al acuerdo de 19 de Julio de 1654, Audiencia de -Manila, A. I., 67-6-3. See Recopilación, 2-15-58. - -[599] Copies of the cédula of January 30, 1635, and of April 2, 1664, -and of the consulta of September 9, 1669, exist in A. I., 67-6-3. - -[600] Recopilación, 2-15-45. It will be seen that this law was slightly -modified by laws promulgated in the eighteenth century. - -[601] Ibid., 60. - -[602] Ibid., 56; 3-2-12, 13, 53, 28-33. - -[603] Ibid., 9-11. - -[604] Ibid., 10. - -[605] Montero y Vidal, Historia general, I, 94; Martínez de Zúñiga, -An historical view, I, 184-192. - -[606] Ibid., I, 192. - -[607] Ibid., I, 199. - -[608] Montero y Vidal, op. cit., I, 106-107; Martínez de Zúñiga, -op. cit., I, 195. - -[609] Morga's Sucesos, Blair and Robertson, XVI, 61. - -[610] Acuña designated Almansa to supervise military affairs instead -of Oidor Maldonado, who was in reality senior magistrate, and as such -should have assumed the direction of military affairs in accordance -with the practice elsewhere, and in compliance with the laws of the -Indies. The fiscal objected to this illegal procedure, as he termed it, -alleging that the governor was not authorized by law to choose his -own successor. He pointed out that, according to the existing laws, -the senior magistrate should succeed to the military command by his -own right, without the interference either of the governor or the -audiencia. Notwithstanding this protest, Almansa continued to hold -the post of acting captain-general, for which it was said that he -was better fitted than Maldonado. - -[611] Audiencia to Felipe III, July 6, 1606, Blair and Robertson, -XIV, 140-148. These demands were ultimately met by a subsidy from -the treasury of New Spain. It may be remarked in this connection, -that the oidores were probably interested in somewhat more than -increased revenue for defense, since they were known to have been -absorbed in commercial ventures. This episode marks the beginning of -a struggle on the part of the Manila merchants for increased trading -privileges--a battle which continued until the close of the eighteenth -century. They were opposed by the merchants of Cádiz and Seville, -and it was in the interest of these last-mentioned cities that the -Manila trade was restricted (Royal order of November 10, 1605, and -King to the Audiencia, February 6, 1606, A. I., 105-2-1). - -[612] Although the laws of the Indies forbade the oidores from trading -(Recopilación, 2-16-59, 60, 62, 64, 66), and the correspondence of the -period shows that the oidores were at first denied trading privileges, -(King to Conde de Monterrey, April 14, 1597; A. I., 105-2-1), they -were allowed to send to Spain sufficient cloth, silk and other -dress materials for their own use and for that of their families -(Recopilación, 2-16-63). This last-mentioned privilege was abused, -however, until the right of each official to send only a limited -amount of cargo on the galleon was generally recognized. For example, -the cargo list of the galleon "Trinidad" in 1753, shows that ministers -were assigned six boletas, or bales, of the nominal value of 125 pesos -each--that being only half the amount usually allowed. This reduction, -effected by Governor Arandía, caused much opposition on the part of -the audiencia (Expediente of January 30, 1754; A. I., 108-3-11). The -officials having first claim on the right to send goods in the galleon -were those of the municipal cabildo of Manila. On March 27, 1714, they -were conceded the right to ship 132 fardillos, the specifications of -which were not given. It was mentioned, however, in the consulta which -recommended this bestowal that this was a re-enactment of the grant -of 1699, and that it was the policy of the king to be generous to the -regidores in this matter because they were not given salaries (A. I., -68-2-8). The royal order of June 30, 1786, bestowed on the regidores -the right to ship one ton of goods. This right was confirmed by the -consulta of October 7, 1789 (A. I., 105-3-5). The cédula of April -25, 1803, conceded five boletas, each valued at one hundred pesos, -to each regidor. The oidores were each allowed ten boletas by this -cédula (A. I., 106-2-15). - -[613] Audiencia to Felipe III, July 6, 1606, Blair and Robertson, -XIV, 147. - -[614] Martínez de Zúñiga, An historical view, I, 230-331. - -[615] Ibid., I, 239, et seq.; Montero y Vidal, Historia general, I, -162, et seq. - -[616] Martínez de Zúñiga, op. cit., I, 241; Montero y Vidal, op. cit., -I, 166. - -[617] Inventario de Residencias, A. I. op. cit. - -[618] King to the Audiencia, August 9, 1609, A. I., 105-2-1. - -[619] See Chapter VII, notes 49 to 56. - -[620] Recopilación, 2-15-56; 3-2-47; 3-2-11 and 12. - -[621] Fajardo to Felipe III, August 10, 1618, Blair and Robertson, -XVIII, 127. In regard to the points covered in the above letter -of Fajardo, the audiencia legally lacked the power of granting -encomiendas at this time, although it undoubtedly bestowed them, -nevertheless. The power to grant encomiendas for the period of its -temporary rule was granted October 24, 1655. Moreover, by cédulas of -May 25, 1596, August 24, 1619, and September 5, 1620, the audiencia -was conceded authority to make temporary appointments to offices when -it assumed the government ad interim (Recopilación, 2-15-56; 3-2-47; -3-2-11 and 12). - -[622] Fajardo to Felipe III, August 10, 1618, Blair and Robertson, -XVIII, 124-125. - -[623] Martínez de Zúñiga, An historical view, I, 250-251. The latter -Silva was a relative of the viceroy, the Marqués de Cerralbo. He -was well known in the Philippines, where he had formerly resided and -married the daughter of an influential resident. He held the temporary -governorship about a year. It was during his administration, and -through his efforts, that the first Spanish expedition was made to -Formosa, Silva having ordered the alcalde mayor of Cagayán to land -there with a military force and establish fortifications. This was -done; thereupon a large number of Dominican friars sought and obtained -permission for the spiritual conquest of the Island. Zúñiga says that -the latter "exerted themselves with such zeal, that in a short time -they built several towns, and were able to number the greater part -of the natives among the professors of our faith" (ibid., I, 252-253; -Montero y Vidal, Historia general, I, 180-181). - -[624] Audiencia to the King, July 24 and August 15, 1624, Blair and -Robertson, XXI, 84-97. - -[625] Silva to Felipe IV, August 4, 1625, Blair and Robertson, -XXII, 62-78. - -[626] Ibid., XXII, 66. The governor estimated the services of the -magistrates in a special report to the king on July 30, 1626. He -stated that Messa was "an upright judge, and zealous in the service -of your Majesty." His comments on the other three were as follows: -"Geronimo de Lagaspi does what his two sons wish, whom, on account -of their reckless lives, the governors cannot employ, and thus they -are unable to satisfy their father, who is not contented except with -favors. Don Juan de Valderrama does as his wife says; and Don Matias -Flores, although a young man, is less harmful;... He makes all the -profit he can from the office, and on the whole is not acceptable to -the community, which is always disturbed by him" (Silva to Felipe IV, -July 30, 1626, Blair and Robertson, XXII, 102). - -[627] Instructions to Francisco de Rojas y Ornate, August 17, 1628, -A. I., 105-2-1. - -[628] See Royal Instructions to Rojas y Ornate and Tavora (duplicates), -June 4, 1627, A. I., 105-2-1. - -[629] Martínez de Zúñiga, An historical view, I, 264-266, Montero y -Vidal, Historia general, I, 189-200. The method of filling vacancies -in the governorship during this period was described in a letter from -Governor Corcuera, Cerezo's successor, to the king, dated June 30, -1636. He wrote: "Your Majesty has conceded to your viceroys of Nueva -España authority, in case of deaths and vacancies in this government, -to send commissions to those who are to have charge of military -matters; and until the arrival of the regularly appointed governor -you order them to send another governor from Mexico" (Corcuera to -Felipe IV, June 30, 1636, Blair and Robertson, XXVI, 150). - -[630] Cédula of January 30, 1635, A. I., 67-6-3. - -[631] Corcuera to Felipe IV, June 30, 1636. Blair and Robertson, -XXVI, 150 et seq. - -[632] Fajardo to the King, July 10, 1651, A. I., 67-6-9. - -[633] Ibid. - -[634] Governor Lara to the King, July 19, 1654, A. I., 67-6-9. - -[635] Cédula of April 2, 1664, with testimonios of former cédulas -and correspondence on succession, A. I., 67-6-3. - -[636] These two magistrates had come to the Islands on the same ship; -Montemayor had disembarked at Cagayán and had come to the city by -land, arriving a few days earlier than Coloma (Montero y Vidal, -Historia general, I, 336). - -[637] Events in Filipinas, 1668, Blair and Robertson, XXXVII, 23-63; -also correspondence of Governor Manuel de León, and consultas of the -Council of the Indies on Salcedo Affair, 1670-1673, A. I., 67-6-9, -10, 11; 67-6-3. For a more extended account of this episode, see -Cunningham, "The inquisition in the Philippines; the Salcedo affair," -in the Catholic historical review, III, 417-445. - -[638] Augustinians in the Philippines, 1641-70, Blair and Robertson, -XXXVII, 273-275; also Consulta of Council of the Indies, July 16, -1674, A. I., 67-6-3. - -[639] Montero y Vidal, Historia general, I, 354-361. - -[640] Ibid., I, 375. See Chapters X and XI of this book. - -[641] There is no question of the harmful effects of the intervention -of the church in the government on this occasion. For a general -survey of this subject throughout the history of the Philippines, -see the author's article entitled "The ecclesiastical influence in -the Philippines" (1565-1850) in The American journal of theology, -XXII, 161-186, and Robertson, "Catholicism in the Philippine Islands," -in The Catholic historical review, III, 375-391. - -[642] See Chapter VIII, note 16. On June 30, 1716, Torralba forwarded -an elaborate memorial to the king, showing that the finances were -in an excellent state, a net gain of 38,554 pesos having accrued to -the treasury since the beginning of the audiencia's rule. On the day -that this report was filed there existed in the treasury, according to -Torralba's figures, a favorable balance of 294,000 pesos. This report -contains the following interesting data: Income from the subsidy, -250,000 pesos; betel monopoly, 13,167 pesos; tributes, 109,152 -pesos; royal auctions, 20,377 pesos; medias anatas, 16,373 pesos; -almojarifazgo, 20,377 pesos; wine monopoly, 14,000 pesos (Report of -Torralba on Financial Affairs, June 30, 1716, A. I., 68-4-18). In a -letter dated July 8, 1716, Torralba reported his compliance with the -cédula of October 10, 1713, by means of which the king had appealed -for a "free gift or contribution on the part of the inhabitants of the -Islands to assist in putting down a Catalonian conspiracy." Torralba -stated that the audiencia had seen to the fulfillment of this command -and had collected the sum of 7,042 pesos (Torralba to King, July 8, -1716, A. I., 68-4-18). - -[643] Concepción, Historia general, IX, 44, et seq. Pavón, it will -be remembered, had been removed for advising Governor Zabalburú to -receive the French papal delegate, Tourón. In 1718 all of Torralba's -acts against Tourón and Villa were nullified by the Council of the -Indies, and those officials were restored to office, while Torralba -was condemned to perpetual exile (A. I., 68-2-8). - -[644] Torralba to the King, July 15, 1715, A. I., 68-4-18; another -report of Torralba on the same subject, dated September 1, 1717, -exists in A. I., 68-2-8. - -[645] Royal Fiscal to the Council, August 21, 1719, A. I., 68-4-18. - -[646] Torralba to the King, June 15, 1716 [with approval of Council -indicated on margin], A. I., 68-4-18; Recopilación, 6-8, 6-9, 6-10. - -[647] Martínez de Zúñiga, An historical view, II, 37-40. - -[648] Zúñiga, who was favorable to the rule of the churchmen, writes: -"There never appeared less confusion at an insurrection than on the -present occasion, every individual seeming satisfied with his lot in -being relieved from unjust oppression and violence. The archbishop, -who had assumed the reins of government, was the only person -whose mind was not at ease; but in a short time he was restored to -tranquillity by the arrival of a royal order, enjoining him to suspend -the Governor from his office, and imprison him; replace the Royal -Audience on the same footing as before; set at liberty Señor Velasco -(an oidor who had been imprisoned by Torralba), and assume the reins -of government himself, which was exactly what had been effected by -the late disturbance."--Martínez de Zúñiga, op. cit., II, 39-40. - -[649] Royal order of September 8, 1720, A. I., 106-4-16. Testimonio of -cédula of November 23, 1774, A. I., 105-2-9. Two years later, the home -government showed its disapprobation of the rigorous acts of Cuesta -by demoting him from his place as Archbishop of the Philippines to -the minor post of Bishop of Mechoacán in New Spain (Montero y Vidal, -Historia general, I, 432). The assumption of the government by Cuesta -invited the suspicion that he had been a party to the murder of the -governor. Seven archbishops had already ruled on various occasions -in New Spain (Bolton, Guide, 469-470). It is surprising that such an -attempt to solve this problem was not made earlier in the history of -the Philippines. - -[650] Martínez de Zúñiga, op. cit., II, 84-95; Montero y Vidal, -Historia general, I, 480-495. - -[651] Martínez de Zúñiga says he carried a special government -commission as governor ad interim, and his refusal to accept the office -was later used as a precedent by Bishop Espeleta in his refusal to turn -over the governorship to Archbishop Rojo (Zúñiga, An historical view, -II, 89). Evidently he had all the qualifications necessary to fill -the office of governor, for he had been a member of the Audiencia of -Quito for seventeen years, and had been also a member of the Council -of the Indies (Blair and Robertson, XLVIII, 145-146). - -[652] Martínez de Zúñiga, An historical view, II, 89-90. - -[653] Opinion of Pedro Calderón Enríquez, July 26, 1759. Opinion of -Francisco Leandro Viana, July 31, 1759, Autos of Appeal, August 3, -1759, A. I., 106-4-16. Montero y Vidal (Historia general, II, 8) -states that Espeleta used intimidation to secure the office. - -[654] Anda was sixty-two years of age when he left Manila to undertake -the defense of the provinces (Blair and Robertson, XLIX, 211). - -[655] Relación de la conquista de Manila por los Ingleses y presa -del galeón de Santísima Trinidad en el mes de Octubre de 1762. A. I., -107-1-15. - -[656] Manifiesto of Viana, March 8, 1762, A. I., 107-3-2. - -[657] Rojo's Narrative, Blair and Robertson, XLIX, 210. - -[658] Ibid., 210-211. - -[659] Testimonio del Secretario de Cámara, 13 de Noviembre, -1762. A. I., 107-3-2. - -[660] Recopilación, 2-31-1 to 14. - -[661] Martínez de Zúñiga, An historical view, II, 180. - -[662] Testimonio del Secretario de Cámara (authorized and sworn to -by Anda), 13 de Noviembre, 1762, A. I., 107-3-2. - -[663] Testimonio del fiscal, Francisco Leandro de Viana. 8 de Marzo, -1763. A. I., 107-3-2. - -[664] Rojo's Narrative, op. cit., Testimonio de D. Antonio Díaz, -(ayudante de Rojo) ... 28 de Noviembre de 1762, A. I., 107-3-4. - -[665] Montero y Vidal (Historia general, II, 67; see, also, note 114, -Blair and Robertson, XLIX, 176) summarizes the life and character -of Archbishop Rojo as follows: "This prelate was more imbecile than -traitor.... His obstinacy in submitting the Islands to the dominion -of the English; his struggles against Anda ... his absolute ignorance -of his powers ... his pardonable ignorance of whatever concerned the -military defense of the archipelago, his calm submission to whatever -the English advised, even in matters clearly opposed to the integrity -and interests of Spain ... give an exact idea of the capacity and -character of the unfortunate one who had the misfortune in such -an anxious time to exercise a command for which he was lacking in -intelligence, valor and in all other attributes necessary to its -successful accomplishment." - -Le Gentil (Voyage, II, 252) characterizes him as follows: "Archbishop -Rojo was a capable man for the management of finances; he was clever -in business and very zealous for the service of the king; but he did -not understand anything of military affairs; ... he was between two -fires, and being of an irresolute disposition, he did not know which -way to turn, ... besieged on one side by oidores, on the other side -by monks, he would not (otherwise) have waited till the English were -on the assault." - -Charges of indecent living and riotous conduct were made by Anda in -his various letters to the Archbishop. While the English were at the -gates of the city, the prelate was passing his hours with indecent -women. Anda stated that Rojo alternated between the dance-hall and -the pulpit, leaving to others the question of defense. Anda stated -that Rojo had allowed himself to be influenced by the traitorous -Santiago de Orendaín, refusing to listen to the more loyal counsel -of the king's ministers (Blair and Robertson, XLIX, 132-160). - -Francisco Leandro de Viana, the fiscal, believed that the archbishop -neither wished to be a traitor to the king nor to his country, but -he asserted that he (Viana) was the only person in the colony who was -so charitable in his opinion. He felt that Rojo's stand was a result -of his incapacity, timorousness, irresolution and ignorance. Viana, -like Anda, commented on the archbishop's lasciviousness and immorality -(Viana to Rojo, March 1, 1763, A. I., 107-3-2). - -Zúñiga, the ecclesiastical historian, seeing through priestly eyes, -affirmed that Rojo was guilty of only one error during his rule. This -was his engagement to pay four millions of pesos to the English and -to deliver up the Islands to them (Martínez de Zúñiga, An historical -view, II, 239). - -[666] Anda to Rojo, October 20, 1762, Blair and Robertson, XLIX, -153-154. - -[667] When news of the temporary suspension of hostilities reached -him in July, 1763, Anda refused to place confidence in the assurances -either of the British or of the archbishop. He held out until the -arrival of the new governor, Francisco Xavier de la Torre. See Anda -to Rojo, July 29, 1763, A. I., 107-3-4. - -[668] Recopilación, 2-15-180. - -[669] Anda to Rojo, October 30, 1762 (with testimonios of witnesses), -A. I., 107-3-3; Recopilación, 2-15-57 and 58. On October 20, 1762, -Anda wrote as follows: "I said and I repeat that the presidency and -government fell to the royal Audiencia; and I add that the latter is -conserved and continued in me, that I am the sole and only minister, -that by my absence from that capital because of the commissions -confided to me at a convenient time, I remained free from the enemies -... so that in my person is met the prescriptions of law clxxx of -the above-cited book and título, since my associates are lacking and -have been imprisoned with your Excellency in the fatal loss of that -capital." (Blair and Robertson, XLIX, 136). - -[670] Relación de la conquista de Manila por los Ingleses, -... 1761-1764, A. I., 107-1-15. - -[671] Memorial of Viana, March 8, 1763, A. I., 107-3-2. - -[672] Blair and Robertson, XLIX, 172-175. - -[673] Report of Governor Francisco Xavier de la Torre on the -Negotiations for the Evacuation of the City of Manila, 1764, A. I., -107-1-15. - -[674] Martínez de Zúñiga, An historical view, II, 234. - -[675] Viana to the King, October 30, 1762, A. I., 107-3-2. - -[676] By this seizure the sum of 2,253,111 pesos was realized in the -interests of his government and at the same time, of course, it was -kept from falling into the hands of the British. Anda subsequently -reported to Governor Torre that the capture of the treasure of the -"Filipino" made possible the conservation of the Islands, "and that -the English did not leave them completely desolate, since without this -aid, the subsistence of the state would have been impossible." (Anda -to Carlos III, June and July, 1764, Blair and Robertson, XLIX, 299). - -The fact that the galleon carried a cargo of over two million pesos -affords no small insight into the way in which the merchants and -officials obeyed the law which forbade an annual return exceeding -1,000,000 pesos. See Martínez de Zúñiga, Estadismo, I, 266-270. - -[677] Anda to Carlos III, June 22, 1764, Blair and Robertson, XLIX, -262-268. - -[678] Martínez de Zúñiga, An historical view, II, 234-235. - -[679] Ibid., II, 235; see Montero y Vidal, Historia general, II, 65-66. - -[680] Montero y Vidal, op. cit., II, 68-70. The treaty of peace between -England and Spain was signed on February 10, 1763. Notice had been -served on Anda several times that suspensions of military operations -had been authorized, but the oidor-gobernador was suspicious, and -would not respond to the overtures of the British. The Spanish troops -under Anda's command entered Manila on June 10, 1764, and the British -forces evacuated the same day. Montero y Vidal (op. cit., II, 71) -states that the new governor, Torre, feigned illness on the day of -the transfer of sovereignty that Anda might be enabled to receive the -keys of the city and thus not be deprived of the honors which he had -so faithfully earned. - -[681] Martínez de Zúñiga, An historical view, II, 241. - -[682] Anda was made Councillor of Castile on November 6, 1767. A -life's pension was bestowed on him on November 19, 1769. He remained -in Spain until 1770 when he returned to the Philippines as governor -(A. I., 106-4-4). - -[683] In Mexico two prelates governed ad interim after this -time--Peralta in 1787 and Beaumont in 1809. Bolton, Guide, 469-470. - -[684] Cédulas of November 23, 1774, and July 2, 1779, A. I., 102-2-9. - -[685] Articles 61 and 63, Royal Instruction of Regents, Rodríguez -San Pedro, Legislación ultramarina, VII, 22-28. This Instruction -transferred to the regent all the powers and prerogatives which -formerly belonged to the senior magistrates of the audiencias. These -are defined in Recopilación, 2-15-57 and 58. - -[686] Recopilación, 2-15, note 16. - -[687] Ibid.; also A. I., 102-2-9. - -[688] Royal order of October 25, 1806, Recopilación (1841), II, -Apéndice. - -[689] Rodríguez San Pedro, Legislación ultramarina, I, 90-91. - -[690] Concepción, Historia general, III, 336, et seq. This is -discussed in Chapter II of this volume. Original materials exist in -A. I., 68-1-32. - -[691] The royal patronage in the Indies was based on the bulls of -Alexander VI, dated May 4, 1493, and November 16, 1501, and on that of -Julius II, dated July 28, 1508. By the first two bulls the temporal and -spiritual jurisdiction of the Indies was conceded to the monarchs of -Spain and by the last one the universal patronato was given. Aside from -the responsibilities of government, this concession involved the duty -of christianizing the natives and the right of collecting tithes from -them. By virtue of these papal bulls the Spanish rulers were granted -the right of nominating prelates for the Indies, the assignment of -benefices and provinces to the different orders, the confirmation of -minor ecclesiastical appointments, and, in fact, general supervision -and control over the regular and secular clergy in the colonies -(Recopilación, 1-6-1 to 7). By these acts the pope was relieved of -all direct responsibility for the spiritual government of Spain's -over-sea dominions, his authority being limited to the approval of -prelates nominated by the Spanish king and to other ecclesiastical -duties of a nominal character. - -The patronato real in Spain furnished a precedent for that of her -colonial empire. Although the royal patronage in Spain and in the -colonies were closely associated, the beginning of this relationship -may be found in the early years of Spanish history, when concessions -were granted by the king to nobles, cities, and similarly, to -churchmen, in exchange for fealty of some sort. For example, the -vast tracts of land in Spain were received by the church as a gift -from the state, wherefore the state reserved the right to declare who -should hold these lands and enjoy these privileges and also the power -to dictate the conditions under which they were to be held. The right -of appointment by the crown to vacant benefices and to all the higher -church offices were applications of this principle. (See Cunningham, -"The institutional background of Latin American history," in the -Hispanic American historical review, Vol, I, pp. 24-39.) - -The concession of 1501 by Alexander VI was only one of a number of -privileges of the sort accorded by the popes to the Spanish crown. The -emperor, Charles V, obtained from Pope Hadrian VI the perpetual -right to nominate prelates and abbots to vacant benefices. In 1543 -the Spanish government further demanded and received the concession -that all posts within the church in Spain and her colonies should be -held by Spaniards. In 1538 the right of the church to issue bulls and -briefs affecting the colonies was limited. In 1574 Philip II declared -that the right of patronage belonged privately to the king. As a result -of this, says Professor Altamira, "the Spanish clergy considered itself -more closely bound to the king than to the pope, ... more dependent on -the court than on the curia, ... more eager for the privileges of the -crown than for the rights of the church, ... the bishops were obliged -to obey the monarch more than the archbishop." (Altamira y Crevea, -História, III, 418-19.) - -The laws of the royal patronage centralized the supervision and control -of the clergy of the Philippines in the person of the governor of the -Islands. The latter was vicepatron and representative of the king in -ecclesiastical matters. He was the responsible head of church affairs -in the Islands so far as these matters concerned the government. He -was legally authorized and required to receive and assign prelates, to -confirm minor appointments by the prelates to parishes and curacies, -to make removals from the same when necessary, to make temporary -assignments of provinces to the regulars and to support the prelates in -the exercise of episcopal visitation. His consent was necessary to the -suppression, division, or union of districts, curacies and parishes, -and no priest could leave the Islands without his consent. The -king was patron, but the exercise of his authority in the colonies -was delegated to the respective viceroys and governors. See entire -title of Recopilación, 1-6; for general observations on the royal -patronage see Gómez Zamora, Regio patronato: Parrás, El gobierno de -los regulares de la América, I, 2-16; Mendieta, Historia eclesiástica, -20-21, 186-196; Hernáez, Colección de bulas, 12-28. - -[692] This is a translation of ruego y encargo, which form civil -officials were required to employ on all occasions in addressing -ecclesiastical officials. The king himself observed this rule and -his act was supposed to form a precedent for general use within the -Spanish colonial empire. - -[693] Recopilación, 1-6-47. - -[694] Ibid., 2-1-10. Laws 11 and 12 of the same title did not in any -way diminish the authority of the royal audiencia. Law 11, dated May -16, 1571, antedating the one above quoted, declared that although -cédulas on governmental subjects were occasionally addressed to the -"president and oidores," the viceroys and presidents might have -private jurisdiction over these matters. Law 12, dated April 6, -1638, recognized the fact that ministers of justice were frequently -addressed on (governmental) subjects, which, it declared, should not -be construed to prejudice the viceroy's pre-eminence in these matters. - -[695] Concepción, as cited in note 1 of this chapter. Salazar's -arguments are outlined in Chapter II of this treatise. - -[696] Archbishop Pardo's well known opposition to the exercise of -governmental control on the basis of the royal patronage and his -resistance to the pretensions of ultimate superiority over the church -which the temporal government claimed and assumed are referred to in -another part of this treatise. In a letter written by the archbishop -relative to the ecclesiastical controversy bearing his name, Pardo -made the assertion that no person was more zealous to encourage or -conform to the royal authority than he, for he realized the necessity -of complete temporal jurisdiction over all things secular. He stated -that he had always encouraged the ecclesiastics to comply with the -just demands of the civil government, "for it is just," he wrote to -the king, "to observe the temporal things over which Your Majesty has -providence, since the secular power must be obeyed, ... yet I cannot -offend the royal person by allowing him or his servants to transgress -the rules or authority of God without interposing my influence against -it, even at the risk of being disgraced; ... while I am allied to -the civil authority in things secular, I am the superior in spiritual -matters." He continued: "God has placed side by side the ecclesiastical -and temporal authorities and the latter were intended to be subject -to the former, and therefore, the temporal ministers ought to cede to -the spiritual, according to the rules of the Holy Catholic Church. It -is manifestly unjust, therefore, that a governor, maestre de campo, -or other royal official should command or summon to justice a prelate -who is charged with the welfare of the souls of the people of his -commonwealth" (Pardo to King, September 7, 1686, A. I., 68-1-44). - -A violent, though ineffective resistance was maintained by the church -when Governor Simón de Anda y Salazar sought to abolish certain -practices observed in the chanting of mass. Anda based his action -on his authority as vicepatron. In his stand he was supported by the -archbishop and by two suffragan bishops. However, Bishop de Luna, of -Camarines, who was also papal delegate, violently opposed "sending -[a copy of] this scandalous mandate to the royal Audiencia--a body -consisting of three magistrates, to whom an appeal may lie against the -governor" (Letter of a Franciscan Friar, December 13, 1771, Blair and -Robertson, L, 318-319.) That a soldier should be the final arbiter in -a question belonging so pre-eminently to the ecclesiastical sphere, -seemed to this bishop to be entirely subversive of the interests of -religion and he turned to the audiencia for protection and support. The -governor sent a squad of soldiers to arrest the prelate, and the -latter was forced to leave the Islands. - -In 1770, Governor Anda was vehemently opposed by the ecclesiastical -authorities of the colony in his efforts, as the churchmen described -it, "to interfere in the governmental and judicial rights and -pre-eminences of the church." This was during the struggle over the -question of episcopal visitation; in this matter the governor supported -the archbishop. The former had gone so far as to declare that the -friars had neither the right nor the authority to administer the -sacraments. The replies of Fray Sebastián de Asunción, a Recollect, -and of Antonio de San Próspero, of the Augustinians, attacked the -whole foundation of the royal patronage, claiming that the church -should be given entire control in ecclesiastical matters. According -to their views the attention of the governor should be confined to -administrative affairs (Expediente de los provinciales de Filipinas, 15 -de Julio, 1772, A. I., 107-7-6). As these friars were the provincials -of their orders, their opinions are of value in reflecting the -ideas of the religious in the Islands on the subject of episcopal -visitation. These opinions were contrary to the accepted practices -and to the ideas of men of higher standing in Spain's colonial empire. - -Archbishop Pardo's well-known opposition to the exercise of -governmental control on the basis of the royal patronage gave him -pre-eminence in these same matters. - -[697] Gómez Zamora, Regio patronato, 330 et seq. - -[698] Ibid., 330-354. - -[699] Ibid., 378. - -[700] Recopilación, 1-8-2, 3, 6. A dispute concerning the jurisdiction -of the audiencia over the findings of synods arose in 1773 and again -in 1776, when the Bishop of Nueva Segovia protested against the ruling -of the audiencia that all the deliberations of a provincial synod -which had been held in that bishopric should be submitted for its -approval. The bishop appealed to the Council of the Indies and that -body approved the action of the audiencia (King to the Audiencia, -October 19, 1776, A. I., 105-2-9). - -[701] Recopilación, 1-9-2, 7, 10. - -[702] Recopilación, 1-13-23. - -[703] Ibid., 1-14-1, 20, 42; 3-14-3. - -[704] Ibid., 1-14-34, 38. - -[705] Ibid., 44, 67. - -[706] This law was nullified by the cédula of August 1, 1795, which -forbade the intervention of the vicepatron and audiencia in these -matters. See Recopilación, 1-6, note 17, also 1-14-37. - -[707] Ibid., 68. - -[708] Ibid., 71, 75. - -[709] Cédula of June 1, 1574, Blair and Robertson, XXI, 27-31. - -[710] Cédula of November 14, 1603, Blair and Robertson, XXI, 50-52, -note. - -[711] Royal order of April 6, 1609, A. I., 105-2-1. - -[712] Recopilación, 1-14; 1-7-54. - -[713] Ibid., 1-7-1, 36. - -[714] Montero y Vidal, Historia general, I, 357-358. Illustrative of -this same authority on the part of the audiencia and the Council of the -Indies was the consulta of the latter tribunal, enacted January 22, -1781. The Audiencia of Manila had called the attention of the home -government to the fact that the nomination of Fray Manuel de Obelar, -a Dominican, to the post of apostolic vicar of the province of Fukien, -China, had been irregular because it had lacked the formality of -presentation by the Spanish monarch. Other nominations, namely, those -of 1753 and 1759, were cited as examples wherein this formality had -not been lacking. The Council of the Indies recommended to the King -that the nomination should be accepted and that an ayuda de costa -should be voted, but that His Holiness should be notified through the -Spanish ambassador in Rome that in the future the requirements of the -royal patronage should be observed, and that no appointments in China, -Spain, or in the Spanish colonies should be made without the consent -of the Spanish monarch (A. I., 105-3-2). - -[715] Recopilación, 1-6-31 and 1-14-12, treat of the admission of -foreign prelates and visitors to ecclesiastical posts within the -Spanish colonial empire. The latter law stipulates, in addition, -that all bulls must be confirmed by the Council of the Indies before -their introduction into the Indies. - -[716] Tourón proceeded to China, where he continued his inspection. He -revoked many of the privileges of the Spanish friars there and forced -their retirement to Manila (consulta of the Council of the Indies on -the report of the proceedings of Cardinal Tourón in China, February -24, 1710, A. I., 68-2-8). That his proceedings were recognized by -the Spanish government is shown by the consulta of April 21, 1708, -whereby 4000 pesos were voted to defray the expenses of Tourón in -the Philippines and China. This money was added to the Philippine -subsidy in Mexico (ibid.). - -[717] Arce to Philip III, July 30, 1619, Blair and Robertson, XVIII, -238-239. - -[718] Díaz, Conquistas, II, 267, et seq.; Martínez de Zúñiga, An -historical view, I, 259. - -[719] Tavora to Philip IV, July 8, 1632, Blair and Robertson, XXIV, -224-228. - -[720] Corcuera to Philip IV, June 30, 1636, Blair and Robertson, -XXVII, 21. - -[721] The cédula of December 15, 1797, authorized the installation of -the Bishop of Nueva Segovia as archbishop in the vacant see of Manila, -on the death of the incumbent, in accordance with the requirements -of the royal patronage. On September 8, 1800, the Bishop of Cebú -was designated as archbishop in the same manner. The installations -were made by the vicepatron on the strength of these cédulas, with -the understanding that the latter were to be followed by the proper -papal bulls, executed in due form. Cédulas of December 15, 1797, -and of September 9, 1800, A. I., 105-2-18. - -[722] The vicepatron had a right to do this in conjunction with the -prelate until August 1, 1795, when authority was bestowed upon the -latter without the interference of the civil government. Recopilación, -1-6-38, note 17. - -[723] Cédula of August 1, 1795, and of September 16, 1803, A. I., -105-2-10; Recopilación, 1-6, note 17. - -[724] Recopilación, 1-14-71 to 75; the entire title (14) of this -book deals with the general subject of the religious orders. The -method of procedure in such cases may be illustrated by the efforts -of the government to correct the abuses of Fray Alonso Zamudio, an -Augustinian, who was in charge of a parish, and who therefore was -subject to episcopal visitation. He was charged with immoral and -vicious conduct. The provincial of his order made an investigation -and reported that the evidence brought against him would warrant his -prosecution. He recommended the removal of the friar, which, he stated, -he could not himself bring about because Zamudio was acting as a parish -priest. The provisor of the archbishopric recommended the banishment -of Zamudio, which act was carried out by the governor in acuerdo with -the audiencia. A ruego y encargo was dispatched by the tribunal, -soliciting the surrender of the friar. He was accordingly handed -over to the civil authorities and was incarcerated in Fort Santiago -until the sentence could be executed (Información del juez-provisor, -y testimonio de los abusos del fraile Alonso Zamudio, May 21, 1650, -A. I., 67-6-9). - -[725] Recopilación, 1-14-71, 72. An illustration of the operation of -this sort of banishment may be noted in the case of three Augustinian -friars whose deportation was requested by their provincial. The request -was ignored by Governor Anda, whereupon the provincial wrote directly -to the court; consequently on April 13, 1777, the king ordered the -audiencia to see that these three friars were returned to Spain; -Anda was advised to give more attention in the future to matters -pertaining to the royal patronage (King to the Audiencia, April 13, -1777, A. I., 105-2-9). - -[726] This has been discussed in Chapter III of this treatise. - -[727] Recopilación, 1-14-67. - -[728] Concepción, Historia general, IX, 190; Montero y Vidal, Historia -general, I, 400-401. - -[729] "Provisores and vicarios generales exercise the ordinary -ecclesiastical jurisdiction throughout the entire territory of the -diocese and reside in the head city of the bishopric or archbishopric" -(Escriche, Diccionario, II, 453). The magistrates and other judicial -functionaries of the ecclesiastical jurisdiction will be described -at greater length in the succeeding chapter. - -[730] Juez-conservador, an ecclesiastical or secular (not civil) judge -named by the pope with jurisdiction or power to defend a particular -church, monastery or convent. (Escriche, Diccionario, II, 260). - -[731] Nuns of St. Clare to King, Blair and Robertson, XXVI, 24. - -[732] Recopilación, 2-31-1, 8; 6-10-8, 9. - -[733] Le Gentil, in Blair and Robertson, XXVIII, 218. - -[734] Recopilación, 3-14-28. - -[735] Guerela to the Council, June 20, 1702, A. I., 68-4-12. - -[736] Report of Torralba, July 20, 1713, A. I., 68-4-16. Torralba -was charged in his residencia with having received bribes from the -Franciscans for making this report, which was favorable to them and -which was designed to bring about the restoration of the curacies to -the friars of that order. - -[737] Royal decree of February 14, 1713, A. I., 68-4-18. - -[738] Recopilación, 1-14-42 to 46; 1-7-21 to 31; 1-6-49; 2-15-146 -and 147. - -[739] Royal decree of December 31, 1622, Blair and Robertson, XX, 253. - -[740] Recopilación, 2-18-18. - -[741] King to the Audiencia, April 6, 1778, A. I., 105-2-9. - -[742] Información, a legally-attested document establishing proof of -some act or crime (Escriche, Diccionario, II, 156). In the broader -sense an información was an opinion or a body of evidence on a special -topic drawn up and legally attested by the proper authority. These -informaciones appear to have been submitted by the audiencia, or by -individual oidores, contadores, oficiales reales and others, but in -all cases they were legally drawn up and sworn to. An información -was always a special report, drawn up in compliance with a request -or command and is thus to be distinguished from a regular yearly or -semi-annual report. - -[743] Recopilación, 2-23-13, 12, 15. - -[744] King to the Audiencia, July 1, 1598, A. I., 105-2-1. - -[745] King to the Audiencia, December 7, 1610, Blair and Robertson, -XVII, 151-152. - -[746] King to the Audiencia, August 17, 1628, A. I., 105-2-1. - -[747] Recopilación, 1-14-1. - -[748] Ibid., 1-14-31 to 34, 38, 40, 91, 92; 2-33-11 to 15. Hundreds -of these reports appear in A. I., 105-2-1 to 10. - -[749] Recopilación, 1-14-2, 3, 4. - -[750] Ibid., 1-14-90, 91, 20. Missionaries were so badly needed in -the colonies in the sixteenth century that they were sent free of -expense. The governors and viceroys were commanded to pay particular -attention to them, assisting and providing for them in all possible -ways. "Until the members of the different orders were enabled, -by their sufficient numbers and increased prosperity, to establish -themselves in communities ... both king and pope extended privileges -and protection to them in order to facilitate the labors of their -calling." (Bancroft, History of Mexico, III, 702.) - -[751] Recopilación, 3-14-4. - -[752] Ibid., 1-22-7. - -[753] Ibid., 19. - -[754] Ibid., 1-22-53. - -[755] Audiencia to Felipe II, June 25, 1588, Blair and Robertson, VI, -318. The Jesuits, on July 8, 1598, again requested permission to bestow -the degrees of licentiate and doctor, urging that the distance from -Europe was so great that the universities there were inaccessible to -students of the Philippines. At that time the petition of the Jesuits -was not granted, but that order succeeded in getting permission -to establish the college of San José in 1601. This institution was -enabled to maintain itself without royal aid until 1767. Its chief -support was derived from the immense wealth of the society and from -the large donations of individuals. - -[756] Montero y Vidal, Historia general, I, 283-294; Pastel-Colín, -Labor evangélica, III, 414-418. - -[757] Cédula of June 30, 1778, A. I., 105-2-9. - -[758] The college of Santo Tomás was founded on August 15, 1619, -eighteen years after the foundation of the rival college of the -Jesuits. Due largely to the guiding influence and paternal care of -a number of Dominican archbishops it grew and prospered. It became a -royal university in 1645 and its title was extended at various times -subsequently (Montero y Vidal, Historia general, I, 169 [note], 283). - -[759] Blair and Robertson, XXXVIII, 78-80. - -[760] A number of testimonios exist in A. I., 105-2-6 bearing on -suits of natives and Chinese mestizos who aspired to enter the royal -university. In later years they were admitted, but these institutions -were primarily intended for the children of Spaniards. Of especial -interest was the suit brought in the audiencia by the Chinese mestizo, -Francisco de Borja, against the University of Santo Tomás for the -degree of master of arts, which the educational institution refused -to grant on account of the nationality of the plaintiff. The suit -was carried to the Council of the Indies, and that tribunal, after -requiring the opinion of the royal fiscal, declared in its consulta -of July 17, 1780, that the laws of the Indies (Recopilación, 1-22-57) -denied to mestizos, Chinese, and mulattoes the right of studying in -the royal universities, but once having qualified, however, there -was nothing in the origin or nature of an infidel that should prevent -his receiving his degree (A. I., 105-3-1). Another question which was -deliberated with much care was whether illegitimate children should -be admitted as students or qualified as licentiates. - -[761] Ecclesiastical tithes (diezmos), according to Martínez Alcubilla, -were "taxes upon the products of the earth which the producers paid -from the entire product of their labor, without deduction of the -expenses to which they were put, or consideration of the capital -invested" (Martínez Alcubilla, Diccionario, V, 412). Escriche defines -the ecclesiastical tithe as "the part which is paid by the faithful for -the maintenance of the ministers of the church," usually consisting -of a tenth of their products, although at times it was less, varying -with the use and custom of the locality (Escriche, Diccionario, -I, 638). This payment was required from merchants, farmers and -encomenderos (Recopilación, 1-16-1 to 10). In 1537 Viceroy Mendoza was -directed to exact tithes from the natives (Bancroft, History of Mexico, -III, 666). This was again ordered by the cédulas of July 12, 1778, -and January 20, 1786 (A. I., 105-2-9). Subsequently the agricultural -estates of friars were made liable to the payment of tithes. As early -as 1655 the Jesuits in New Spain were obliged to pay tithes on all -crops and productions of their estates (Bancroft, History of Mexico, -III, 668). - -The purpose to which these funds were theoretically devoted was the -support and maintenance of the church. The right of collecting and -administering them was conceded to the crown by Pope Alexander VI -in the bull of November 16, 1501, in "full, absolute and irrevocable -ownership, with the condition that the crown should assist the church -with a sum sufficient for the decent support of divine worship, its -prelates and ministers" (Recopilación, 1-16-1 and 23). The cédula -of April 29, 1648 reaffirmed and amplified this bull, ordering in -addition that one-third of all money arising from vacant benefices -should be set aside for the support of the church, while the residue -should be sent to Spain (ibid., 1-7-41; see also 1-16-28 and Article -8, Real Ordenanza de Intendentes de Buenos Ayres; Robertson, History -of America, IV [Bk. viii], note XXXII). - -On February 3, 1541, Charles V prescribed that the tithes should be -divided into four equal parts, two of which were to go to the prelate -and chapter of the diocese, while the remaining two parts were to -be further separated into ninths (novenos), of which two were to -be reserved for the crown, three for the construction of churches -and hospitals, two for salaries of curates, and the remaining two -portions were to be set aside to pay the dignitaries and subalterns -of the diocese (Recopilación, 1-16-23). - -In case the portion reserved for the salaries of curates proved -insufficient, the royal treasury guaranteed a yearly stipend of from -one hundred to a hundred and twenty pesos to each priest. This cédula -was amended by the regulation of March 28, 1620, which provided that -the royal ninths should be taken from the gross amount of tithes paid -in (Recopilación, 1-16-25). So it developed that the crown came to -assume entire jurisdiction over the administration of the tithes, -retaining a portion of these episcopal rents for non-ecclesiastical -purposes. The royal share was placed in the treasury and was -administered by the oficiales reales, leaving only seven-ninths of -the money actually obtained to be expended for the support of the -church. These funds were collected in the provinces by the provincial -revenue officials, subject to the supervision of the alcaldes mayores, -who were responsible in turn for this particular matter to an oidor -and a royal treasury official of the central government (Ibid., -1-16-1, 30). - -These novenos were not infrequently farmed out in New Spain, and at the -auctions thereof frauds were as repeatedly committed as at the sales -of other royalties. Instructions were issued ordering the Audiencia -of Mexico to investigate the nature of these transactions. In March, -1728, the royal novenos were leased for a period of nine years at -$19,000 annually. When this lease expired they were let again for -a similar period at $20,000 a year (Bancroft, History of Mexico, -III, 666-668 and note 57); see Priestley, José de Gálvez, 249-253, -for data on the administration of tithes in New Spain. - -[762] Recopilación, 1-16-11, 3. - -[763] Ibid., 13. - -[764] Ibid., 24; also Real Ordenanza de Intendentes de Nueva España, -Art., 193. - -[765] Royal order of September 25, 1768, A. I., 107-5-23; see also -Royal decree of July 9, 1785, A. I., 106-2-15. - -[766] Testimonios accompanying auto of December 11, 1775, A. I., -105-2-9. - -[767] King to the Audiencia, July 12, 1778, A. I., 105-2-9. - -[768] Decree of January 20, 1786, repromulgated December 16, 1796, -A. I., 105-2-10. While the laws of the Indies make no mention of the -requirement that the natives should pay tithes, the above cédulas -expressly order it. This is interesting, in view of the fact that -Gómez Zamora, in his Regio Patronato (381 et seq.) says that in the -Philippines the natives were not called upon for tithes. Montero y -Vidal (Historia general, III, 179) cites the cédula of May 23, 1801, -which exempted Indians from the payment of tithes. - -[769] Montero y Vidal, Historia general, III, 179; also King to the -Audiencia, October 6, 1792, A. I., 105-2-10. - -[770] Aguilar to Soler, July 31, 1799, A. I., 107-5-23. - -[771] On August 17, 1853, the superintendent of real hacienda of Manila -made an effort to revive the payment of tithes, which practice had -become extinct. He ordered the religious provincials to present in -the administración general de tributos lists of all taxable property -under their jurisdiction (Montero y Vidal, Historia general, III, 178). - -[772] While the temporalities were originally the endowments of -the sovereign for the support of the clergy, in the Philippines at -this time they were chiefly derived from the sale of jewels, lands, -live-stock, and other chattel properties of the Jesuit order, which -had been suppressed in 1769. Property to the value of 2,000,000 -pesos fell into the hands of the government on this occasion. The -temporalities did not include convents, school buildings, colleges, -churches and church furnishings. The latter were turned over to the -archbishop and the secular church. - -[773] Cédula of January 22, 1803, A. I. 107-5-29. - -[774] A very instructive and hitherto unexplored field of investigation -lies in the reports of the different officials and bodies in -the colonies which were entrusted with the duty of collecting and -forwarding money to help Spain in putting down the various revolts of -the late eighteenth and early nineteenth centuries. We may note the -letter of Governor Aguilar, dated July 20, 1804, in which he reported -compliance with the royal order of June 20, 1798, relative to the -raising of money for the purposes indicated. He had opened two public -subscriptions for "voluntary offerings" to aid in putting down the -Catalonian revolt of 1798. In the first subscription, 80,946 pesos -were raised and in the second, 15,397 pesos. The Dominicans alone -gave 5000 pesos, the magistrates of the audiencia, the members of the -consulado, the contadores, oficiales, reales, obras pías, prelates, -temporalities, the Compañia de Filipinas, the monte pio militar, -the veteran soldiers, religious orders and other organizations and -individuals each contributing their share. Aguilar reported that -subscriptions had been opened in all the provinces by the corregidores, -alcaldes mayores and intendentes. The various provinces and districts -contributed on this occasion as follows: Tondo, 11,059 pesos; Laguna, -2768 pesos; Cebú, 300 pesos; Albay, 85 pesos; Cápiz, 318 pesos; -Leyte, 21 pesos; Antique, 4 pesos; Samar, 1090 pesos; Zambales, 41 -pesos; Calamianes, 1607 pesos; Mindoro, 221 pesos. This money was -sent to the Viceroy of New Spain, and was forwarded to Spain by him -together with the remittances collected for the same purposes in that -viceroyalty. Reports of alcaldes mayores show that these assessments -(contribuciones voluntarias or directas, or donativos voluntarios) -varied from half a real from the poorest Indian to five hundred -pesos from the wealthier landlords and merchants. In many cases these -assessments practically amounted to confiscations (Aguilar to the King, -July 20, 1804, A. I., 105-3-23). - -On June 18, 1806, the king acknowledged receipt of money which had -been confiscated from the common funds of the village communities -(King to Aguilar, June 18, 1806, A. I., 105-2-18). - -Hume, in his Modern Spain (158), says that in 1809 the colonies -contributed 3,000,000 pounds sterling for the relief of the home -government. Priestley, José de Gálvez, 370-71, sheds some light on -the matter of these forced contributions in New Spain. - -[775] Martínez Alcubilla, Diccionario, X, 719. The obras pías were -charitable associations or corporations, usually under ecclesiastical -control, which were founded and supported by persons who contributed -or willed their money for beneficent objects. In Manila there were two -leading societies of this character, the Santa Misericordia and San -Juan de Diós. The former was a branch of a larger organization of the -same name, which had originated in Portugal, and was quite generally -established throughout Spain, Portugal and their colonies. A branch was -founded in Manila in 1596, with the object, as stated in the articles -of establishment, of erecting and maintaining a college for orphan -children, the support of the poor, and particularly of the orphans and -widows of soldiers. This society flourished from the beginning under -the favor of certain governors and oidores and by their assistance and -by that of other friends, and through the endowment by the government -of a large amount of free space on the galleon, it became a wealthy -and powerful institution. San Juan de Diós, which was organized as a -brotherhood, was established in the Philippines in 1617 with avowed -charitable purposes. In the cédula of February 10, 1617, the king -ordered the audiencia at Manila to place the hospitals under the care -of this brotherhood (Blair and Robertson, XLVII, 164-165). Though it -did not attain the wealth or importance of the Misericordia and it -never had the extensive relations with the government of the other -society, it did exceedingly valuable work in the Islands, going far -toward accomplishing the purposes for which it was founded. - -[776] By 1660, the Misericordia had received in contributions the -sum of 356,363 pesos. In 1619, the treasury at Manila had become so -exhausted by the expenses involved in resisting the Dutch that Governor -Fajardo borrowed from the society the sum of 39,599 pesos. Later -Governor Corcuera exacted a loan of 104,609 pesos. In all, up to 1670, -an aggregate of 441,909 pesos had been borrowed from this wealthy -society for the current expenses of the government. In 1762-3 the -Misericordia contributed the sum of 195,588 pesos as tribute money -to the British and was, according to its own accounts, despoiled of -301,597 pesos, making a total of 506,184 pesos, and leaving a balance -of 193,246 pesos (Procurador de la Misericordia de Manila al Rey, -23 de Julio, 1764, A. I., 106-5-8). - -The capital of the Misericordia of Manila on January 31, 1755, -was estimated at 701,477 pesos (Informe del Contador de Cuentas, -31 de Enero, 1755, A. I., 106-5-8). In the occupation of Manila by -the British and in the loss and despoliation of property suffered -thereby, the Misericordia received a blow from which it never entirely -recovered. By July 20, 1804, the capital of the society had dwindled -to 151,625 pesos (Aguilar to the King, July 20, 1804, A. I., 107-5-29). - -[777] Cédula of November 8, 1747, with testimonios of previous -correspondence, A. I., 106-5-8. - -[778] Informe del Contador de Cuentas del Consejo de Indias, 31 de -Enero de 1755, A. I., 106-5-8. - -[779] Cédula of April 19, 1755, A. I., 106-5-8. - -[780] Arandía to the King, July 24, 1757, A. I., 106-5-8. - -[781] Cédula of February 21, 1759, A. I., 106-5-8. - -[782] King to the Audiencia, April 25, 1778, A. I., 105-2-9. - -[783] Cédula of August 2, 1787, A. I., 105-2-10. - -[784] Aguilar to the King, July 20, 1804, A. I., 107-5-29. - -[785] The capital of the society was at that time estimated at -151,625 pesos. - -[786] King to the Audiencia and Consulado, June 7, 1775, A. I., -105-2-9. - -[787] The term espolio was applied to the properties which archbishops -and bishops left at the time of their death, such property having -accumulated when they were in office. All possessions of deceased -prelates reverted to the crown in accordance with the cédula of March -25, 1620. The rents from vacant benefices accumulated from the time -of the death of a prelate to the appointment of another to succeed -him (Escriche, Diccionario, I, 735; Bancroft, History of Mexico, -III, 699). The money derived from espolios and vacant benefices was -aggregated to the royal treasury for such subsequent distribution as -appeared necessary for the relief of cathedrals, parishes, colleges, -asylums, and charitable institutions. - -[788] Recopilación, 1-7-38, 39. - -[789] Ibid., 37, 40. - -[790] Cédula of June 24, 1712, A. I., 68-4-17; Recopilación, 1-7, -note 8. - -[791] Auto de Espolio of Bishop Gorospe, May 28, 1715, A. I., 68-4-18. - -[792] In the colonial bishoprics the temporary successor of a deceased -prelate was usually designated by the local diocesan chapter. If, -as was the case in the Philippines, the latter body were lacking, the -archbishop, by virtue of his position, became temporary ecclesiastical -governor, with jurisdiction over the revenues of the diocese. The -benefice was considered vacant until the appointment of a regular -bishop. - -[793] A fairly typical example of an espolio was that of Bishop Arévalo -of Nueva Cáceres, rendered by the audiencia on July 19, 1759. The total -sum left by that prelate was 19,000 pesos. The leading items of the -espolio were: costs, 1919 pesos; bequest to College of Santo Tomás, -2000 pesos; bequest to the cathedral of Nueva Cáceres, 400 pesos; -bequest to the brother of the deceased, the Marquis of Monte Castro, -1000 pesos. The remaining portion was paid to creditors in sums -varying from 20 to 300 pesos, leaving something over 6000 pesos for -the crown (Auto de Espolio, 20 de Julio, 1759, Audiencia de Manila, -A. I., 106-4-16). - -On June 14, 1774, the audiencia reviewed the autos of espolio of -the Bishop of Cebú, the total of which aggregated 11,210 pesos. The -papers were duly forwarded to the Contaduría General, at Madrid, -and were approved by that tribunal on June 20, 1778 (A. I., 105-2-9). - -Owing to the anarchical conditions prevailing at the time of the -death of Archbishop Rojo, his espolio had to be postponed until June -26, 1777, and the royal treasury received 3078 pesos therefrom. The -prelate left a valuable library to the College of San Ildefonso in -the city of Mexico, and 13,617 pesos in money to be distributed among -his personal creditors and heirs (Consultas del Consejo, 20 de Marzo, -1778, A. I., 108-7-1 and 2; 105-3-2). - -The large sum of 12,000 pesos was netted to the royal treasury -by the espolio of Bishop Espeleta of Cebú on May 6, 1783 (A. I., -105-2-10). By way of contrast, the fact may be noted that the espolio -of Archbishop Santos y Rufina yielded 92 pesos. (Auto de Espolio del -Arzobispo Santos y Rufina, 20 de Octubre, 1792, A. I., 105-2-10.) - -[794] Real Ordenanza de Intendentes de Nueva España, Artículos 227, -228, 229. - -[795] Recopilación, 1-3-1; 1-4-25. - -[796] Ibid., 1-2-14. - -[797] Fajardo to the King, August 15, 1620, Blair and Robertson, -XIX, 163. - -[798] King to the Audiencia, June (?) 1604, A. I., 105-2-1. - -[799] King to the Audiencia, October 30, 1634, A. I., 105-2-1. - -[800] Recopilación, 1-3-1, 1-6-2. The expediente covering this case -is in A. I., 105-3-1. The cédula of April 6, 1778, and testimonios -are in A. I., 105-2-1. - -[801] See Cunningham, "Origin of the friar lands question in the -Philippines," in The American political science review, X (August, -1916) pp. 465-480. - -[802] Recopilación, 1-4-20. - -[803] Ibid., 1-2-20. - -[804] See Note 2 of the preceding chapter. - -[805] Recopilación, 2-16-138. - -[806] See Note by A. P. Cushing, in Blair and Robertson, V, -292. Escriche (Diccionario, I, 838-9) defines fuerza as "the wrong -which an ecclesiastical judge does to a party when he assumes -jurisdiction over a case which does not belong to him, or when -he fails to observe the rules prescribed by the laws and canons, -or when he unjustly denies appeal." Recurso de fuerza is defined as -the reclamation to a civil judge, made by a person believing himself -aggrieved by an ecclesiastical judge, imploring the protection of -the former in order that the fuerza or violence may be terminated -or undone. There are three ways mentioned by Alcubilla in which an -ecclesiastical judge may commit fuerza: 1. When he assumes jurisdiction -in a purely temporal case, which by its very nature is not rightfully -subject to his authority. 2. When, by trying a case whose jurisdiction -belongs to him, he fails to observe the method and form prescribed -by the laws and canons. 3. When he refuses to allow appeals which -should be rightfully allowed (Martínez Alcubilla, Diccionario, V, 807). - -[807] Recopilación, 2-15-148, 149. The interdict, as defined -by Escriche (Diccionario, I, 712), is a prohibition, mandate, -or censure, pronounced by an ecclesiastical authority by which is -prohibited the use of certain spiritual privileges which are common -to all. The effect of the interdict may be to prohibit Christian -burial, the administration of the sacraments or the celebration of -divine services. Exception may be made in rare cases of baptisms, -confirmation and confession for the dying. Even though the interdict -may be pronounced it does not prohibit the saying of mass in a -low voice behind closed doors and without the ringing of bells. A -priest who violates the interdict may be pronounced "irregular", -but a layman who does so may incur the penalty of excommunication -(see Catholic Encyclopedia, under "Interdict"). - -[808] This refers to the privilege extended by the church to offenders -against the laws of the realm, who were allowed to take refuge from -the civil authorities in a church or convent. This practice was -recognized by the government. By a bull of Clement XIV, the right of -extending asylum was limited to a few churches only, the number of -these depending on the population of the town or city. Those guilty -of certain specified crimes of the most heinous character were -denied the privilege of sanctuary. The act of sheltering oneself -under the protection of God was supposed to be spontaneous and not -premeditated. The privilege was often abused by individual churchmen -(Escriche, Diccionario, I, 353). - -[809] A clarifying description of the ecclesiastical jurisdiction -has been given by Escriche. He defines it as "the power of the -Church for the trial and adjudication of civil and criminal affairs -exercised either by its own right or by concession of princes." This -jurisdiction, says Escriche, is of two kinds, inherent (spiritual) -and privileged (temporal). After classifying the different cases which -fall naturally under each category, he describes the tribunals for -the interpretation of canon law. "The ecclesiastical jurisdiction," -he writes, "the inherent, as well as the privileged, is exercised, -in first instance, by the bishops and archbishops in their respective -dioceses, in the second, by the metropolitan with respect to the -suffragans, and in the third, by the papal delegate. The bishops -and archbishops do not exercise the jurisdiction by themselves -but by means of their provisores or vicarios. These latter may be -either generales or foráneos.... The term provisor or vicar-general -is used to designate him who exercises the ordinary ecclesiastical -jurisdiction in the entire territory of the diocese and resides in -the episcopal city situated therein; ... foráneos are the others -established as delegates in certain parts of the diocese in order to -facilitate the administration of justice; no appointments to these -offices may be made without the royal approbation. The authority -of the provisores and vicarios cease by death of the prelate from -whom they obtained the nomination, and is reassumed by the cabildo -or chapter, sede vacante, which selects persons to succeed them" -(Escriche, Diccionario, II, 453). - -Escriche further describes this hierarchy of ecclesiastical judges: -"The metropolitans, then, are the ordinary judges of first instance -with regard to the archbishoprics and at the same time they are -the judges of appeal from the suffragans, and, accordingly, they -are accustomed to appoint, aside from the provisores or vicarios, -ordinarios who discharge the functions of judges of first instance. As -the obispos exentos are not subject to a metropolitan, but directly -to the holy see, recourses of appeals from their decisions go to the -papal delegate." The cases of appeal from the metropolitans and other -ecclesiastical judges were heard in third and last instance by the -tribunal known as the rota of the papal delegate, which was composed -of the nuncio of the pope, and the ecclesiastical auditors appointed -by the crown. - -The ecclesiastical courts of the Philippines conformed generally, in -organization and limits of jurisdiction, to the scheme outlined in the -preceding paragraphs. The three bishops of Nueva Segovia, Camarines, -and Cebú had their courts in the chief towns of their respective -dioceses. They were assisted by the customary provisores. Appeals -were carried from them to the court of the metropolitan which was -located in Manila; this latter tribunal consisted of the archbishop, -the vicar-general, and a notary. Above this court was that of the -papal delegate who tried cases of appeal from the lower tribunal in -accordance with canon law. In conformity with a bull of Gregory XIII, -dated May 15, 1572, the authority of the papal delegate in appeal cases -was final; "he might overrule and even supersede the metropolitan, -as being the judge in final appeal." The Bishop of Camarines most -frequently acted as papal delegate (Blair and Robertson, XLII, 27, -Note 4). Aside from these courts there was that of the commissary of -the Inquisition whose jurisdiction will be subsequently noted. - -Each order, also, had its own judicial machinery for the settlement -of cases arising within it. The courts of the orders were presided -over by their provincials, generals and commissaries, and were -composed of those dignitaries and other magistrates selected in -accordance with their own rules. Special investigators or visitors -were also delegated to try cases arising within the orders, and to -make inspections, ascertaining the general character of the work of -the orders, the conduct of their dignitaries and the regularity of -their administration. - -[810] Moses, South America on the eve of emancipation, 126. - -[811] Carta de Fr. Francisco de Laudín ... al Consejo de Indias, -20 de Enero, 1668, A. I., 68-1-44. - -[812] Recopilación, 1-7-54; 2-15-150; 3-1-4; Escriche, Diccionario, -II, 453. - -[813] Recopilación, 1-10-1, 2. - -[814] Escriche, Diccionario, II, 453. - -[815] Recopilación, 1-10-4, 6, 7, 12; 1-7-12. - -[816] Ibid., 11. - -[817] Ibid., 2-15-153; 1-10-13; 3-1-3. - -[818] As an example of this we may refer to the work of the -Augustinians in bringing to the light of judicial scrutiny the abuses -of certain encomenderos against the Indians of Mindanao. This was in -1581, before the audiencia was established. The offending encomenderos -were brought to Manila and tried by Bishop Salazar, who temporarily -deprived them of their holdings and sentenced them to imprisonment and -fines (Governor to the King [day and month not given], A. I., 67-6-6). - -[819] The opposition of Salazar to what he termed the encroachment -of the civil jurisdiction was based on the assumption that the royal -patronage did not extend to tribes which lived in an uncivilized -and savage state. He contended that the pope had not conceded -this, consequently, as bishop, he had entire jurisdiction without -interference from the audiencia or governor over the Mohammedans -(as he termed all non-Christians) and the Chinese (A. I., 1-1-3/25). - -[820] Cabildo de Manila to the King, A. I, 68-1-35. - -[821] Fajardo to Felipe III, August 15, 1620, Blair and Robertson, -XIX, 155. The pendulum seems, however, to have swung in the other -direction at times. In 1604, the audiencia was charged with having -tried members of religious orders in absentia without giving them a -chance to summon witnesses or otherwise to defend themselves (King -to Audiencia, October 30, 1604, A. I., 105-2-1). That the audiencia -did not always have power to discipline the friars for infractions of -the royal laws in 1626, is attested by the case of an Augustinian who -led an assault on an alcalde mayor in Batangas, destroyed his house, -maltreated his person, and, in the presence of the natives, publicly -accomplished his disgrace. The king demanded from the audiencia a -statement of all the facts of the case so that he and the Council -might take proper steps for the punishment of the offending religious -and the protection of His Majesty's servants in the future (King to -Audiencia, May 21, 1623, A. I., 105-2-1). The audiencia conducted an -investigation and forwarded the papers relative to the case to the -court for final action. See Chapter X, note 35. - -[822] Blair and Robertson, XXVIII, 314-15; see XLI, 22-25, 134, 231-4, -239, 255. - -[823] Montero y Vidal, Historia general, 283-284. - -[824] Letter of Fray Miguel de Solano, May 7, 1753, A. I., 67-6-4. - -[825] Orellana to Carlos II, February 24, 1683, Blair and Robertson, -XXXVIII, 81-85. - -[826] Concepción, Historia general, IX, 107. There are records of -many suits of this character throughout the history of Juan de la -Concepción. The original documents relating thereto are to be found -in A. I., 105-3-1 to 10. See also A. I., 67-6-3, 67-6-9 to 11. - -[827] See note 3 of this chapter. - -[828] Martínez Alcubilla, Diccionario, V, 807. - -[829] Recopilación, 1-10-10; 2-15-136. - -[830] Alzar or quitar la fuerza was the act on the part of a royal -tribunal of abrogating, annulling, or reforming the effects of violence -committed by an ecclesiastical judge.--Escriche, Diccionario, I, 839. - -[831] Recopilación, 2-15-134, 135. - -[832] Ibid., 2-15-143. - -[833] Ibid., 144. - -[834] Ibid., 152 and 142. - -[835] Ibid., 2-2-4. - -[836] Escriche, Diccionario, I, 712. - -[837] Recopilación, 2-15-148: See expediente on affairs in the -Philippines, 1690, A. I., 67-6-3. - -[838] Ibid., 1-7-47. - -[839] Ibid., 2-15-149. - -[840] Ibid., 1-10-9. - -[841] Ibid., 10; 2-15-136. - -[842] This is discussed in the preceding chapter. - -[843] A. I., 1-1-3/25; Blair and Robertson, VIII, 275-281; X, 79, -245-275. - -[844] Ronquillo to the King, July 12, 1599, A. I., 67-6-6, cited in -the preceding chapter. - -[845] Cédula of November 13, 1626, A. I., 105-2-1; for cases of the -excommunication of viceroys and oidores and other matters relating -to the Inquisition in Perú and in New Spain see Lea, The inquisition -in the Spanish dependencies, 191-298, 319-451. - -[846] Corcuera to Felipe IV, September 25, 1623, Blair and Robertson, -XXVI, 104-107. - -[847] Martínez de Zúñiga, An historical view, I, 268. - -[848] Relation of 1635-1636, Blair and Robertson, XXVI, 39-40; -see also Corcuera to Felipe IV, Blair and Robertson, XXVI, 60-127; -Montero y Vidal, Historia general, I, 195-196. - -[849] Montero y Vidal, op. cit., I, 193-197. - -[850] The Inquisition, as represented by one commissary and -three alternates (who were usually bishops) was established in the -Philippines on March 1, 1583. The commissary of the Inquisition had -for his special field all questions of faith and heresy, clearing -away the errors and superstitions against the dogma and the lax -opinions which pervert Christian morals (Pérez y López, Teatro, -XXVIII, 208). The Inquisitor of the Philippines was instructed, -on his arrival, to present his papers "to the ecclesiastical and -lay chapters in order that they might receive him and recognize -him in so high and holy an office." The Inquisition was represented -continuously in the Philippines until 1813. With the introduction -of this dignitary may be noted the presence in the Philippines of -at least five authorities with ecclesiastical jurisdiction. The -ordinary ecclesiastical tribunals dealt with contentions within -the Church. The papal delegate tried cases which had been appealed -from these ecclesiastical courts. The regular orders had their own -particular tribunals for the rule and discipline of their members -and the audiencia exercised such ecclesiastical jurisdiction as we -have noted in this chapter. There may be slight wonder, therefore, -in view of the presence of so many ecclesiastical tribunals with -similar powers, that there were frequent conflicts of authority. - -[851] Recopilación, 1-19-1. - -[852] Law of May 22, 1610, Recopilación, 1-19-2. - -[853] The authorized proceeding in such a case was to appeal to -the General Council of the Inquisition, which held its sessions at -the court. This tribunal was authorized to nullify or reverse any -harmful act or decision which the ordinary inquisitors might resolve -upon. (Cédula of March 10, 1553, Recopilación, 1-19-4). - -[854] Recopilación, 1-19-18, 19. - -[855] Ibid., 16. - -[856] Ibid., 21 and 22. - -[857] Ibid., 3-15-78. - -[858] "When a case may be tried indistinctly either by an -ecclesiastical or lay judge it is said that the case is of the -fuero mixto and then either of the two judges may take up the case, -but the judge who begins it must be the last to try it" (Escriche, -Diccionario, I, 832-833). - -[859] See note to Recopilación, 1-19-4. - -[860] Le Gentil, II, 172. Recopilación, 6-1-35. - -[861] Audiencia to the King, July 20, 1585, A. I., 67-6-18. On -June 26, 1586, the audiencia recommended the discontinuance of -the Inquisition in the Philippines on the ground that it had -been utilized "as a citadel for the shelter of those desirous -of resisting the royal authority" (Audiencia to the King, A. I., -68-1-33). Archbishop Santibañez, on the other hand, was desirous of -converting the inquisitorial authority into a tribunal to consist -of two ecclesiastics and one oidor. He argued that the distance from -Mexico made procedure cumbersome, and it was manifestly unjust that -residents of the Philippines should be judged by a foreign court -(referring to the tribunal in Mexico.--Santibañez to Philip II, -June 24, 1598, Blair and Robertson, X, 151). These same sentiments -were expressed sixty years later by Francisco Bello, procurator at -Madrid for the religious orders. The Council of the Indies returned -the petition which had been submitted by this last-named ecclesiastic, -to the Viceroy of New Spain, and to the Audiencia and Archbishop of -Manila, respectively, for their advice. The consensus of opinion -was against the idea of creating a tribunal in Manila, partially -on account of the expense. It was also shown that such a reform -would have meant a loss of power to the viceroyalty of New Spain, -and by the adoption of such a suggestion there would be created a -powerful tribunal which would seriously inconvenience the authority -and supremacy of the audiencia and the archbishop at Manila (Consulta -of the Council of the Indies, March 15, 1659, A. I., 67-6-22). - -[862] Cited already in various connections, particularly in Chapters -II and X of this treatise. - -[863] In the Philippines, archbishops were frequently able to combine -the functions and offices of metropolitan prelate and commissary of -the Inquisition. This gave greater pre-eminence to the archbishop and -made the situation more difficult for the civil authorities. We have -already noted an illustration of this in the case of Archbishop Pardo -(1683-1689). Being also commissary of the Inquisition, he refused to -grant absolution to ex-Governor Vargas, claiming that his authority -as sole inquisitor was not sufficient to justify such action on his -part without first receiving advice from the tribunal in Mexico. - -[864] Lea, in his well-known work on The inquisition in the Spanish -dependencies says that "while this branch of the Inquisition (referring -to that in the Philippines) accomplished so little for the faith, -it was eminently successful in the function of contributing to -the disorder and confusion which so disastrously affected Spanish -colonial administration" (p. 308). For a more detailed account of -this episode see Cunningham, "The inquisition in the Philippines: -the Salcedo affair," in The Catholic historical review, III, 417-445. - -[865] The leading church historians of the Philippines--Martínez de -Zúñiga, Salazar, Fonseca and Concepción--were naturally unfavorable -to Salcedo in their accounts of the events of his administration. All -agree, however, that Salcedo was a man of energy and precision, who, at -the beginning of his rule, gave promise of universal satisfaction. The -correspondence of the civil officials who were contemporaneous with -the governor, and the letters of Salcedo himself show that his chief -concern was the enforcement of the laws and the elimination of the -ecclesiastical and commercial graft with which the administration of -the government of the Philippines was permeated on his arrival in -the Islands (Letters of Coloma, Bónifaz, Montemayor, León, and the -Municipal Cabildo, 1670-1, A. I., 67-6-3; see also note to Ventura -del Arco Mss., in Blair and Robertson, XXXVII, 262). - -Zúñiga, however, states that Salcedo's commercial reforms were -only intended for the benefit of himself and his friends, and that -he reserved the chief articles of trade for himself, leaving only -second-rate and spoiled goods for the merchants. This same historian -states that the governor arranged for the early departure of the -galleon on one occasion, with his goods on board, leaving those -of the majority of the merchants unshipped (Martínez de Zúñiga, -An historical view, I, 307-308). Fonseca charges him with avarice, -maintaining that all classes of society in Manila were disgusted -with the governor's commercial transactions and were shocked at his -exile of the archbishop. This historian relates that "the magistracy, -the army, the merchants, arts and industries, ... all raised their -voices against the badly directed government of Salcedo, determining -to over-turn him; representative citizens of Manila petitioned the -audiencia, asking that it deprive him of the government, ... and the -royal acuerdo determined to do so, but at the last moment the judges -disagreed over the question of whose signature should precede the -others; this question remained in litigation, and blocked the action -of the royal acuerdo" (Fonseca, Historia de la provincia de santissimo -Rosario. Libro V, Capítulo VIII, quoted in Sobre una reseña histórica, -92). Concepción, the Augustinian historian, confirms the above, and -gives a more clarifying reason for the failure of the audiencia to -oust the governor--namely, that the latter was sharing his commercial -profits with the magistrates, thereby purchasing their favors; the -oidores were therefore reluctant to take action against the governor -(Concepción, Historia general, VII, 137-138, 162-200). - -[866] Salcedo was charged with plotting to sell the Islands to the -Dutch and with surrounding himself with Flemings, one of whom was a -Calvinist. It was alleged that he had already sent large sums of money -to Macao, including a large part of the funds in the Manila treasury, -and that he was preparing to depart in person. It was said moreover -that he intended to return in command of a Dutch squadron and capture -the colony for Holland. It is evident that there was no lack of charges -against Salcedo (The original correspondence and consultas of the -various tribunals which considered the charges against Salcedo may -be noted in A. I., 67-6-3. See Blair and Robertson, XXXVII, 37-60, -Lea, The inquisition in the Spanish dependencies, 299-318, and the -ecclesiastical authorities mentioned in the preceding note). - -Dr. Pardo de Tavera, in his account of the arrest of Governor Salcedo, -says that "in 1668, Governor Salcedo had some difference with (the -friars) ... and the archbishop and as a result, the latter decided to -avenge themselves, plotting with the military officials, regidores and -merchants to bring him before the Inquisition. They made a conspiracy -and, one night while the governor slept, the conspirators, among -whom were the provincial of the Franciscans, the guardián of the -convent of that order in Manila, and various other ecclesiastics, -entered his room, surprising him while he slept, and placed him in -irons. He was thus taken to the convent of the Franciscans, but -considering the latter insecure, they carried him to that of San -Augustín, loading him with a heavy chain" (Pardo de Tavera, Reseña -Histórica, 37). After a period of imprisonment in Manila, Salcedo -was ordered to Mexico for trial by the tribunal of the Inquisition, -as the local authority was without authority to take further action -in the matter. Salcedo never reached his destination, however, -as he died at sea. This was subsequently the fate of Paternina, -the inquisitor who was responsible for his disgrace. - -[867] That Governor León had a trying position to fill may be -believed by his description of affairs as he found them in Manila, -and of his struggles to restore the royal authority to its proper -status. He gave a full account of "the excessive presumption of the -commissary of the Inquisition in the arrest of Don Diego Salcedo, -my (his) predecessor, and his interference in matters wherein he had -no real jurisdiction." León reported having prevailed upon the royal -audiencia to order the commissary to refrain from meddling in affairs -which did not concern the Inquisition. The ways of the Inquisition he -described as "dark and secret;" it was "a danger and a fearful power," -a "monster, feared by all," working, not in the light of day, but -insidiously, constituting a sinister power whose strength was not -fully realized (León to Council, June 10, 1671, and July 4, 1672; -Consulta of the Council of the Indies, July 16, 1674, A. I., 67-6-3). - -[868] Audiencia to the King, June 15, 1671, A. I., 67-6-10. - -[869] Consulta of the Council, August 12, 1672, A. I., 67-6-10. - -[870] Montero y Vidal, I, 356. - -[871] Acuerdo of August 24, 1672, A. I., 67-6-10. - -[872] While the Salcedo affair accurately depicts the power which the -Inquisition assumed on a particular occasion, the episode cannot be -said to illustrate its power and influence throughout the history of -the Islands. Indeed, never on any former or subsequent occasion did the -Inquisition constitute such a menace to the state. It was generally -prevented from exercising too much power in the Philippines by its -own isolation. Represented by a single agent, who was not always on -good terms with the other ecclesiastical authorities there, and who -was thousands of miles from his immediate superior, the tribunal of -Mexico, he was confronted and opposed by the combined civil, secular -and monastic powers. Owing to these circumstances, the commissary -of the Inquisition in the Philippines could not, single-handed and -unaided, constitute a long-continued danger to the commonwealth. - -[873] Reales resoluciones no recopiladas, Pérez y López, Teatro, -XXVIII, 207. - -[874] Recopilación, 1-19, note 2. - -[875] Ibid., note 1. This tendency culminated in the decree of February -22, 1813, which suppressed the Supreme Tribunal of the Inquisition and -renewed the jurisdiction of bishops and vicars over cases involving -the faith, as had been the practice before the Inquisition was -instituted. All property belonging to the Inquisition reverted to the -crown. Soon after the restoration of Ferdinand VII the Inquisition -was revived, against the will of that monarch, it is said, but it -was again abolished by the decrees of March 9, 1820, and July 1, 1835. - -As a result of the suppression of the Tribunal of the Inquisition -on March 9, 1820, and the transfer of its authority over matters of -faith to the vicars and bishops, Escriche says that "in the exercise -of their jurisdiction some of these prelates exceeded their authority -and established in their respective dioceses juntas de fé, which turned -out to be in reality inquisitorial tribunals with practically the same -authority which former tribunals had exercised. They inflicted corporal -and spiritual punishments and guarded in their ministry the most -inviolable secrecy." As soon as reports of this unexpected assumption -of authority came to the notice of the government, Ferdinand hastened -to order the suppression of these self-constituted tribunals, without -immediate success, however. Escriche tells us that they continued -their excesses for some time, "depriving accused persons of the -means of defense, keeping from them the names of persons testifying -against them," flagrantly disregarding the dispositions of the brief -of Pius VII, dated October 5, 1829, in prohibition of exactly these -abuses. On February 6, 1830, a cédula was expedited which authorized -appeals in cases of this nature until three conforming decisions were -rendered. The decree of July 1, 1835, abolished these tribunals, -ordering the prelates to exercise jurisdiction with appeal to the -Department of Grace and Justice (Escriche, Diccionario, I, 773). - -[876] The author has treated this subject in a separate monograph -entitled "The origin of the friar lands question in the Philippines," -in The American political science review, X, 463-480. - -[877] The friar lands litigation began in 1687 and continued -until 1751. The efforts of the government met with considerable -opposition. The oidores who were charged with the inspection of the -titles to these lands frequently abandoned their commissions and -recommended that the friars be left alone. However, in the year last -mentioned, the opposition of the Franciscans, the last of the resisting -orders, was overcome (Correspondence regarding friar lands exists in -A. I., 68-4-12 and 68-6-26). See also the Camacho Controversy, Blair -and Robertson, XLII, 25-116; Montero y Vidal, Historia general, I, -385, et seq.; Concepción, Historia general, VIII, 192-206; Philippine -Census, I, 342-343; Sobre una reseña histórica by the Dominicans of -Manila, 65-89. - -[878] "In America [and in the Philippines] the monks were given -a somewhat unusual position. According to the canon law they were -not able to hold beneficed curacies, but the extent of the American -field, and the limited number of the clergy available to occupy it, -induced Leo X, Adrian VI, Paul III, Clement VIII, and Pius V to permit -them to become parish priests. Under this order a very large number -of these parishes in America in the first century were occupied by -friars. But in the middle of the eighteenth century, this privilege -was withdrawn, leaving them only two friars in a conventual province" -(Moses, South America on the eve of emancipation, 138-139). - -[879] See Cunningham, "The question of ecclesiastical visitation in -the Philippines," in The Pacific Ocean in history, 223-237. - -[880] Recopilación, 1-15-28. - -[881] Ibid., 29. - -[882] Ibid., 31. - -[883] Valuable materials, for the most part original, on the visitation -controversy may be found in Blair and Robertson, XXIV, 247; XXIX, -191; XLII, 25-116; XX, 87; XXI, 32-78; XXXVII, 193-200. See also -A. I., 69-1-29, 68-4-16, 106-4-21, 105-2-9, 106-4-31. Montero y -Vidal (Historia general, I, 86-87, 295, 398; II, 134-138, 257 et -seq.) presents a good secondary account of the subject. - -[884] This legajo list was obtained from the index of the collection -of manuscripts in the section known as Audiencia de Filipinas, of the -Archive of the Indies in Seville. The aim is only to present legajos -which contain material on the audiencia. A more complete list covering -all the Philippine material in this depository may be found in Blair -and Robertson, LIII. - -[885] The above system of reference to documents in the Archive of -the Indies is used universally, and it has been employed consistently -in this treatise. The manuscripts are wrapped and tied in bundles -(legajos), which, in turn, are to be found in large cases (estantes), -and the shelves (cajones) of the cases are numbered. The meaning -of the above reference therefore is Estante 68, Cajón 6, Legajo 3, -indicating that legajo number 3 is to be found on Shelf 6 of Case 68 -of the Archive. A legajo contains in the neighborhood of 2,000 pages -of hand-written manuscript. The documents may be originals, certified -copies or ordinary drafts or duplicates. They are supposed to be -grouped according to subject-matter, and usually the materials in a -given cajón deal with a phase of the same question. Legajos in a given -cajón and manuscripts in a given legajo, roughly speaking, are arranged -chronologically, though in many cases they have lost their original -order owing to careless handling. This description is sufficient -to identify any document to which this classification is applied, -as these numbers are not duplicated, though often the documents are, -and copies of the same manuscript may be found in different cajones. - - - - - - -End of the Project Gutenberg EBook of The Audiencia in the Spanish Colonies, by -Charles Henry Cunningham - -*** END OF THIS PROJECT GUTENBERG EBOOK AUDIENCIA IN SPANISH COLONIES *** - -***** This file should be named 41443-8.txt or 41443-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/4/1/4/4/41443/ - -Produced by Jeroen Hellingman and the Online Distributed -Proofreading Team at http://www.pgdp.net/ for Project -Gutenberg (This file was produced from images generously -made available by The Internet Archive/American Libraries.) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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