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.