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.