The Audiencia in the Spanish Colonies Part 2

THE ESTABLISHMENT OF THE AUDIENCIA OF MANILA (1583-1598).

The conditions which determined the establishment of an audiencia in the Philippines differed little, if at all, from those in Spain's other colonies. All of Spain's dependencies were situated at great distances from the mother country; the Philippines were farther away than any. Furthermore, the Philippines were isolated and could not be successfully maintained, if dependent on, or identified with any other colony; distance and other factors which we shall note made undesirable and impracticable a continuance of established relations with New Spain. If, however, the governor of the Philippines came to be almost absolute in his authority, his absolutism differed in degree rather than in kind from that of the governors and viceroys of other colonies. The contiguity of China and j.a.pan, the constant danger of military invasion and naval attack by outside enemies and the dependence of the colony on the commerce of China also made the case of the Philippines somewhat different from that of the colonies in America. In general, the situation in the Philippines called for a distinct audiencia with the same powers and functions as were exercised by the audiencias of the other colonies.

A system for the administration of justice in the Philippines had been definitely established and organized before the audiencia was inaugurated in 1584. Many prominent features of the judicial and administrative systems of Spain and America had been already introduced into the Islands. At the head of both judicial and administrative affairs was the governor and captain-general, who was practically absolute, and whose authority was final except in certain matters of litigation which could be appealed to the Audiencia of Mexico. Subordinate to him were the alcaldes mayores and corregidores, whose functions have been already noted. In the Philippines, as elsewhere, the latter officials acted as magistrates and governors of provinces, combining judicial and administrative attributes. Directly subordinate to them were the encomenderos, whose holdings, including lands and Indians, may be said to have const.i.tuted the unit of the Spanish colonial land system until the close of the eighteenth century. [48] As in Spain, so in the Spanish towns of the Philippines, there were alcaldes ordinarios, or munic.i.p.al judges, elected by the citizens in some cases, or appointed by the governor in others. [49]

But the system as established was defective in many respects. The governor and captain-general was chief judge, executive, and commander of the military forces. In him were centralized all the functions of justice and government, exercised in the provinces through the alcaldes mayores and corregidores. The latter officials he appointed ad interim, supervised their administrative duties, and heard judicial cases appealed from them. He likewise exercised supervision over the oficiales reales, who were entrusted with the collection, care and expenditure of the funds of the colony. [50]

During the period before the establishment of the audiencia, the governor exercised complete control over all branches and departments of the government,--provincial, munic.i.p.al, and insular--in matters of justice, administration, and finance. The centralization of all this authority in the person of one official made his position responsible and powerful, but capable of much abuse. And it was the abuses incidental to the exercise of absolute power by the governor that led to the establishment of the Audiencia of Manila.

Probably the most important indirect reason for the establishment of an audiencia in the Philippines may be noted in the abuses connected with the administration of the encomiendas. These may be attributed both to the powerlessness and inefficiency of the governors, and to their cupidity and deliberate favoritism to the encomenderos. As a result of the rapid spread of these encomiendas, [51] settlements, or agricultural estates, for such they were, and their location in distant and widely separated parts of the Archipelago, the encomenderos came to have increased responsibilities and powers. They were far removed from the central authority at Manila. They were infrequently inspected by the alcaldes mayores and corregidores in whose districts they were situated. Indeed, the encomiendas had spread so rapidly in the Philippines that the governmental machinery provided by Spain was unable to provide for them. In 1591, for example, there were 267 encomiendas containing 667,612 souls. These were supervised by twelve alcaldes mayores. [52]

One hundred and forty priests were provided to minister to this large congregation of natives. The Philippine government, with an autocratic military governor at its head, had been originally designed for one settlement or province, and not for an extensive military possession, distributed over a widely separated area, with insufficient means of communication and transportation. Under the conditions outlined above, the encomenderos were permitted to forget the benign purposes for which they had been originally entrusted with the care and protection of the natives. The Indians on the encomiendas were reduced to the condition of slaves. They were mistreated, overtaxed, overworked, cheated, neglected, flogged, and abused. [53] Their protectors had become their exploiters. The churchmen who were supposed to act as their guardians and spiritual aids were insufficient in number to render effective service. Many of the latter served the interests of the encomenderos, and the latter were decidedly unfavorable to the introduction of more priests. The local officials of government and justice were in most cases too far away to care for and protect the natives, or even to visit the more remote encomiendas in their districts. Moreover, many of them were themselves encomenderos, perpetrating abuses on their own tenants, and accordingly little inclined to sacrifice their own interests for the protection of the natives on other encomiendas. Finally, the governor, located at the distant capital, was possibly ignorant of the real state of affairs; at any rate, he failed to enforce the laws which commanded humane treatment of the natives, leaving to the encomenderos, the alcaldes mayores, and corregidores the administration of the provinces and the supervision of the encomiendas. [54]

Efforts had been made for the correction of these abuses and to bring about a more effective control of the encomiendas by the governor. Early in the history of the Islands the king had empowered governors and viceroys to grant encomiendas for life, with thirty years' remission of tribute, to those who had partic.i.p.ated in the conquest. Legaspi and Lavezares, the first two governors of the Philippines, had given encomiendas without limit to favorites, relatives, and friends; consequently, when Sande became governor, he was obliged to direct much of his attention to the eradication of the resultant evils, and he attempted to establish the encomiendas on a profitable and honest basis. He dispossessed many of the holders of these large tracts, and reserved them for the crown, as royal encomiendas, thus creating a revenue for the newly established and financially embarra.s.sed government. [55] Sande made royal many of the hitherto unprofitable encomiendas which had been in private hands. [56]

On account of these acts Sande became very unpopular in Manila, and so unpleasant were his relations with the residents that, having no protection or recourse, he was obliged to give up his command, practically driven from the Islands by his enemies.

The only person in the Philippines who exercised any sort of check on the governor was the bishop, with whom he was ordered to consult frequently. These consultations were often productive of bitter quarrels. The first prelate of the Philippines, Bishop Salazar, arrived in 1581, and throughout his ecclesiastical administration exercised influence of a far-reaching character. It was he who first showed the need of a royal audiencia to check the encroachments of the governor on the prerogatives of the church, for the protection of the natives, and for the safeguarding of the royal interests. Bishop Salazar was a determined opponent of Governor Sande, whom he accused of excessive indulgence in trade and the extortion of large sums from the encomenderos. On June 20, 1582, he wrote to the Council: "if I were as rich as Governor Sande, I would engage to pay any sum of money." He also testified that "the government here is a place for the enrichment of governors; they carry away as much as 400,000 ducats, knowing that they will have to pay a share of it at the residencia, but they steal enough to do that also." [57]

The government of the Philippines, prior to the establishment of the Audiencia of Manila, during the period 1565-1584, was subordinate to the viceroy and to the audiencia in Mexico. The time required for the transmission of doc.u.ments and correspondence, the fewness of s.h.i.+ps available for the voyage between the Philippines and New Spain, and the unsatisfactory means of communication resulting therefrom, seriously inconvenienced the residents of the colony. In matters of government and justice appeals had to be taken to Mexico. This proceeding involved great loss of time and expense, and was especially inimical to the administration of justice. The a.s.signment and regulation of encomiendas, the supervision of financial affairs, the control of the Chinese trade, the dispatch of the galleons to New Spain, and the a.s.signment of cargo-s.p.a.ce on these s.h.i.+ps, were all matters which, at that great distance, and at that time, called for divided control. The execution of all these duties was too great a charge for the human frailties of one man; the governor could do it neither honestly nor well. The necessity was apparent of having a central government in Manila which would be self-sufficient in itself; that is, independent of New Spain, and at the same time capable of repairing its own defects.

The relations which existed between the Manila government and the authorities of New Spain are ill.u.s.trated by a letter which Governor Gonzalo Ronquillo de Penalosa wrote a month later than the correspondence above alluded to. In this letter he announced the arrival of a s.h.i.+p from Mexico, which, he said, bore nothing but charges against him. These complaints, he alleged, had been formulated by agents of Dr. Francisco de Sande, his predecessor, whose residencia he had conducted and whom he had deprived of his office as governor. Ronquillo wrote that

nevertheless, Sande has been received in that royal audiencia of Mexico as oidor, as a result of which all those who love justice may well despair. They meddle with my government from Mexico, giving orders to my corregidores without consulting me, and addressing private individuals in regard to the supplies, directing them to keep watch over this or that matter; they impose grave penalties upon me, and no matter how small the affair may be, they refuse to listen to me or to hear my side of the question. [58]

He concluded by pointing out the inconsistency of his position, subject as he was to Sande, the man whom he had displaced because of the former's unfitness to occupy the post of governor. Although Governor Ronquillo de Penalosa did not ask for an audiencia on this occasion, he did pet.i.tion for an educated a.s.sistant to aid him in the administration of justice. "The trouble here," he wrote to the king, in the letter above quoted, "is that the people are of such a nature that, at the same time when justice is done to one, an enemy is made of another person." The rule of Ronquillo de Penalosa as governor was distinctly typical of the possibilities of an absolute executive, far removed from the restraining influence of the courts, with scarcely any limitation upon his operations. Appointed as he had been for life, with proprietary attributes, and with the power of naming his successor, Ronquillo de Penalosa was the first governor sent out from Spain in pursuance of the policy of entrusting frontier commands to military men who were fitted by profession and experience to deal with situations which demanded the qualities of the soldier, rather than those of the administrator and politician. An attempt thus seems to have been made to remedy the ills which had been characteristic of the administration of Lavezares and Sande by entrusting the governor with more centralized power--an attempt to correct the evils of absolutism with the mailed fist and more absolutism, backed by military power.

The bishop, who at this time kept the court well informed of the weaknesses of the government, as they appeared to him, sent many complaints against Ronquillo de Penalosa, as other churchmen had done against former governors. Not only did the bishop himself write repeatedly, but he influenced the munic.i.p.al and ecclesiastical chapters of Manila to send protests against the governor's misrule. It was largely owing to Salazar's influence that Captain Gabriel de Rivera (or Ribera) was sent to Spain with a pet.i.tion signed by most of the influential men of the colony, asking for various reforms. Among these the establishment of a royal audiencia was especially requested. [59]

On the occasion of Ronquillo's death in 1583, the bishop called attention to the straits into which the colony had fallen as a result of the tyrannical methods of the deceased governor. [60] He described Ronquillo's efforts to prevent residents from appealing to the audiencia and viceroy of New Spain. He stated that the Indians had been unjustly treated by the encomenderos and alcaldes mayores, for when appeals had been made to the governor, the latter, on a plea of being too busy to occupy himself with such minute details, had ordered the alcaldes mayores to settle the questions at issue without disturbing him. Ronquillo was said to have engaged extensively in commerce, monopolizing the s.h.i.+ps to the exclusion of the merchants, and forcing large loans from the officials and residents, who did not dare to refuse him, lest all their privileges be taken from them. He had established private encomiendas in nearly every town in Luzon, appropriating the income therefrom, instead of turning the proceeds into the royal treasury. [61] This the prelate conceded to be in accordance with the conditions of the governor's appointment, but it was nevertheless unjust, as the privilege of holding encomiendas was denied to other officials, and the treasury of the colony was in need of the revenue which had been daily enriching the governor. The bishop accused the governor of seizing Indians, placing them en encomienda wherever and whenever he found them, irrespective of whether they were already free, or whether they belonged on other encomiendas. These acts, he said, had caused the Indians to be dissatisfied and rebellious, and he evidently was of the opinion that a revolt was impending when he penned this memorial. "Many times I have prayed," he wrote, "that G.o.d should close the natives' eyes in order that they may not see the weakness and the little power with which we might resist them in case they should arise to put down these evils." The bishop closed this memorial with a vigorous protest against the continuance of the hereditary principle in the succession of governors in the Philippines. He made the general recommendation that in the future governors should be appointed by the king, with a view to securing men of administrative and executive ability. He brought forth strenuous objections to the accession of the ex-governor's nephew. Diego Ronquillo de Penalosa, who was not fitted to occupy the post of governor. If the latter a.s.sumed the government, the bishop could see nothing in store for the colony but a continuation of the evil days which had been extant throughout the administration of the elder Ronquillo, "who had spent all his time in gathering wealth for himself by means of trade, shutting his eyes and ears to those who asked justice of him." Salazar expressed the opinion that "had Gonzalo Ronquillo de Penalosa spent as much of his time in making conquests and discoveries as he had in making packages [of merchandise], the prosperity of the Islands and the general welfare would have been his chief aim." [62]

Although the decree establis.h.i.+ng an audiencia in the Philippines was promulgated before the above memorial reached court, there is no question but that the influence of Bishop Salazar did much towards bringing about the creation of a tribunal in the Islands. Indeed, Salazar has been given all the credit for this by more than one authority. [63] While the bishop did exert an important influence in bringing about this change, the support which he received from residents of the colony was also of immense advantage. Many individuals, aggrieved by the abuses of the executive, wrote vigorous complaints against "the tyranny of an absolute governor, who alone and unchecked, reserves to himself excessive power." Their letters emphasize the injustice of having appeals carried to Mexico, "where the people of Manila never get their deserts, and where they suffer on account of the distance." Various encomenderos had been wronged by the acts of the governor in dividing their encomiendas, and reducing the number of Indians thereon; they had appealed to Mexico, and after waiting over two years, had despaired of ever getting any return for the money and the time which they had spent in litigation at the distant capital. As a possible means of relief they requested the establishment of a royal audiencia at Manila. [64]

Another person who exerted considerable influence toward the establishment of an audiencia in the Philippines was Captain Gabriel de Rivera, who went to Madrid for that purpose. He was the first procurador general de las islas del poniente, and it was his duty to represent at court the needs of the colony, and of its inhabitants. [65] Rivera acted as the personal agent of Salazar in his advocacy of the establishment of an audiencia, and it was largely due to his efforts that the inst.i.tution was established when it was. In his memorial of February 16, 1582, Rivera criticized the existing administration in the Philippines, the proprietary governors.h.i.+p, and the control over commerce which the governor had exercised. The latter had levied the almojarifazgo and other customs duties in defiance of the royal cedulas forbidding them, and without consulting the wishes of the merchants or officials. Rivera alleged that the almojarifazgo and the alcabala were ruining the commerce of the Islands. [66]

His memorial treated extensively of the abuses which had occurred in the administration of the encomiendas, and he pointed out numerous defects in the judicial system of the colonies.

He suggested the establishment of a royal audiencia to consist of three judges, having criminal and civil jurisdiction, without appeal to any other tribunal than the Council of the Indies. The audiencia as outlined by him was to have administrative powers as well as judicial; it was to govern as a commission, with a governor at its head, chosen for a term of six years. [67] This scheme, he said, if put into operation, would result in no increased expense to the crown or colony. He proposed the abolition of the three oficiales reales, suggesting the subst.i.tution of three oidores in their places, thus extending the jurisdiction of the audiencia to matters of finance. The new tribunal should likewise take cognizance of the a.s.signment of encomiendas, and see that in all cases the royal will was obeyed. The audiencia should exercise supervision over the alcaldes mayores in their relation to the encomiendas, with a view to remedying the existing abuses and seeing that justice was done to the Indians. The audiencia should hear cases appealed from the alcaldes mayores and corregidores instead of allowing these suits to be heard by the governor or sent to Mexico. Rivera also urged that there should be a special defender of the Indians as a part of the audiencia. [68]

Enough has been noted of the evils of the government as it existed before the establishment of the audiencia to understand the reasons for the creation of the tribunal. The whole matter summarizes itself in the excesses of the governor, and the necessity of protecting all cla.s.ses of society from his absolutism. These abuses called for the establishment of a tribunal nearer than New Spain, which would, in a safe and expeditious manner, impose the necessary limitations upon the governor, insure an equitable collection and an economical expenditure of the public revenue, and bring about particularly the elimination of official corruption. It was desirable to protect the merchant in his legitimate business, to insure stability in the relations of church and state, and to obviate the existing evils in the administration of the provincial governments. The latter meant the a.s.signment of encomiendas in accordance with the law to deserving individuals instead of to friends and relatives of the governors, or to other prominent officials of the colony. It also meant that the natives on these encomiendas should be protected from the rapacity of the encomenderos. It was realized that an effort should be made to insure the imparting of religious instruction to the natives in partial return for tribute paid by them. Finally, it meant the establishment of a tribunal which would have power to enforce the law prescribing that the alcaldes mayores and corregidores should exercise faithful supervision over these matters which were within their jurisdiction. A tribunal was needed, not merely to hear such appeals as might come to it by process of law, but with authority to intervene actively in affairs of government, checking the abuses of the governor and protecting the community from his absolutism.

The proposition to establish an independent audiencia in Manila was opposed by the viceroy and audiencia of New Spain. The latter tribunal wrote a letter of protest to the Council of the Indies, demanding that in matters of government and justice the colony of the Philippines should continue to bear the same relations to the viceroyalty of New Spain as did Guadalajara. [69] Rivera answered these objections in a special memorial, stating that the isolation of the Philippines alone justified the establishment of an audiencia and an independent government. He also pointed out that the nearness of j.a.pan and China and the necessity of dealing with them required the presence of a sovereign tribunal in Manila. He a.s.serted that the colony could deal directly with the Council of the Indies more profitably than through the Audiencia of Mexico. The latter mode of procedure was indirect and c.u.mbersome and it exposed litigants to the meddling of the oidores of Mexico in matters which they did not understand. [70]

Finally, the Audiencia of Manila was established by decree of Philip II on May 5, 1583, in the following terms:

Whereas in the interests of good government and the administration of our justice, we have accorded the establishment in the city of Manila in the Island of Luzon of one of our royal audiencias and chanceries, in which there shall be a president, three oidores, a fiscal, and the necessary officials; and whereas we have granted that this audiencia should have the same authority and preeminence as each one of our royal audiencias which sit in the town of Valladolid and the city of Granada of these our realms, and the other audiencias of our Indies: now therefore we order to be made and sent to the said Island our royal seal, with which are to be stamped our decisions which are made and issued by the said president and oidores in the said audiencia. [71]

The jurisdiction of the tribunal, it is to be noted, extended throughout the Island of Luzon and the rest of the islands of the Archipelago, as well as over "the mainland of China, whether discovered or yet to be discovered."

The decree which provided for the foundation of the Audiencia of Manila consisted of three hundred and thirteen sections. Although the audiencia was subsequently abolished for a few years, it was re-established in 1598 and these articles were again utilized. It is therefore worth while to notice the most important provisions of the law of establishment, which was to serve as a foundation for the audiencia during a period of approximately three hundred years. The first thirty-eight sections were devoted to the creation of the tribunal, to a definition of its jurisdiction over civil and criminal cases, and to a determination of the proper method of procedure in them. The audiencia was to have authority to try cases of appeal from gobernadores, alcaldes mayores, and other magistrates of the provinces; it also had jurisdiction over civil cases appealed from the alcaldes ordinarios of the city and original jurisdiction over all criminal cases arising within five leagues of the city of Manila. Appeals were to be tried by revista (review) before the tribunal. Cases of first instance (vista) were not to be tried in the tribunal, excepting those to which the government was a party, or the above-mentioned criminal cases. The judgment of the audiencia was usually to be final in ordinary suits, and always in criminal cases. Those involving the government, and civil suits exceeding a certain value were appealable to the Council of the Indies. Notice of appeal to the latter tribunal had to be served within one year after the objectionable decision was rendered, and the party appealing the case was obliged to post financial bonds covering the expenses of suit in case the final judgment were not favorable to him. The decision of the audiencia was to be executed in all cases, even though an appeal to the Council of the Indies had been made. The procedure followed in the chanceries of Valladolid and Granada was to be enforced in the Audiencia of Manila except when the contrary was especially ordered. Investigations might be made by one judge, but the concurrence of two was necessary for all decisions involving the reversal of a former judgment, or in cases wherein a certain amount was at stake. In the latter case, an a.s.sistant judge might be chosen from outside the audiencia to a.s.sist the regular magistrate.

The audiencia was forbidden to act alone in the selection of judges of residencias or pesquisidores; it was commanded not to interfere with governors of provinces, but it had the right, when, charges had been made by private individuals, to conduct investigations of governors' official conduct. The audiencia was empowered to investigate the judges of provinces. Magistrates were forbidden to hear cases affecting themselves or their relatives, and when a case involving more than one thousand pesos was before the tribunal, and no oidor was eligible to try it, an alcalde ordinario might serve in the place of a regular magistrate, with appeal to the Council of the Indies. Criminal charges against the oidores were to be tried by the president, with the a.s.sistance, if need be, of such alcaldes ordinarios as the latter might select. No relative of the president or of an oidor could be appointed legally to a corregidor-s.h.i.+p or to an encomienda. Oidores were eligible for appointment by the president from time to time to inspect the administration of justice and government in the provinces.

Oidores were forbidden to receive fees from or to act as advocates for any private person, and they could not hold income-yielding estates in arable land or cattle. Oidores were forbidden to engage in business, either singly or in partners.h.i.+p, nor could they avail themselves of the compulsory services of Indians under pain of deprivation of office. Any person could bring suit against an oidor. As noted above, such cases would either be tried by the president or by an alcalde ordinario on the president's designation. Such cases might be appealed to the Council of the Indies.

The audiencia, according to the terms of its establishment, had extensive authority over matters of government. In case of the death or incapacity of the president, the audiencia was to a.s.sume control of affairs, the senior oidor filling the post of president and captain-general, with special charge over military matters. Under such circ.u.mstances the administrative and executive functions were to be administered by the audiencia as a body. The governor, who was also president of the audiencia, was ordered to make a complete report annually to the Council of the Indies on the state of the government and the finances of the colony, including an account of the gross income and expenditures, a survey of conditions of the encomiendas and corregimientos, as well as a report on the conduct of officials, including oidores. In fact, all matters that came regularly under the care of the executive were to be covered in the annual report of the governor and captain-general of the Islands.

The president was empowered to delegate the oidores, in turn, to make tours of inspection in the provinces. The magistrates, as visitors, were to inquire into the character of service rendered by the alcaldes mayores in the administration of government and justice. They were to note the state of the towns and their needs, the means taken for the construction and preservation of public buildings, and the condition of the Indians on the encomiendas. They were to see whether they were faithfully and efficiently instructed in religion, or whether they were permitted to live in ignorance and idolatry. Reports were to be made by the visitors on the state of the soil, the condition of the crops and harvests, extent of mineral wealth and timber in the provinces under investigation, weights and measures, and in fact, everything that had to do with the general welfare. On these trips the oidores were authorized to take such action as they felt to be necessary. Two oidores were also required to make weekly inspections of the prisons of the colony.

The decree of establishment also directed that certain phases of ecclesiastical affairs should claim the attention of the audiencia. The chief duty of the tribunal in that regard was to keep the ecclesiastical judges from exceeding their authority, and the practices of the audiencias of Spain were especially prescribed as a precedent for the local tribunal. The audiencia was charged with supervision over the a.s.signment of benefices, and especially with the settlement of the property and estates of bishops and archbishops who died in the Islands. The audiencia was ordered to permit nothing to be done which would be in prejudice of the rights and prerogatives of the church. The tribunal was instructed to a.s.sist the prelates on all occasions when they pet.i.tioned for royal aid. It was also to see that properly accredited bulls were read and applied in the Spanish towns, but not in the native villages.

As noted above, suits involving the royal treasury and the collection of money for the government were to be reviewed and decided before any other that might come up in the royal audiencia. It was the duty of the fiscal to prosecute these cases in the interest of the government. At the beginning of each year the president and two magistrates were to audit the reports of the oficiales reales, and if these reports were not duly and properly rendered, the salaries of these officials were to be withheld. After auditing the accounts the committee was to count the money in the royal treasury. The oidores who did this extra work were to receive an allowance of twenty-five thousand maravedis (about 56 pesos) in addition to their regular salaries. The authorization of the audiencia was necessary for the payment of extraordinary expenses not appearing in the regular budget and these disburs.e.m.e.nts were made subject to the later approval of the Council of the Indies. The audiencia was held responsible in these matters by the Council. Full reports of expenditures made on the responsibility of the audiencia were to be made to the Council, and the oidores were held accountable in their residencias for their votes cast in the junta or acuerdo de hacienda, as the committee was called.

The audiencia was given supervision over the administration of the estates of deceased persons; it was to examine the accounts of executors and see that the wills of the deceased were faithfully executed and that all was done in accordance with the law. For this purpose an oidor was delegated each year with authority to dispose of these cases in the name of the audiencia. In a subsequent chapter the duties and activities of this administrador or juez de bienes de difuntos will be enlarged upon.

Considerable s.p.a.ce in this decree was devoted to prescribing the rules for the trial of cases involving Indians, with a view to securing justice both in their administration by the encomenderos and in the supervision which the alcaldes mayores exercised over the encomenderos. The provision was made that "our said president and oidores shall always take great care to be informed of the crimes and abuses which are committed against the Indians under our royal crown, or against those granted in encomiendas to other persons by the governors." The audiencia was directed to exercise care that "the said Indians shall be better treated and instructed in our Holy Catholic Faith, as our free va.s.sals."

The audiencia was required to exercise care that suits involving Indians were neither lengthy nor involved, that decisions were reached promptly and without unnecessary litigation, and that the rites, customs, and practices to which the Indians had always been accustomed should be continued in so far as was practicable. The audiencia and the bishop were to see that there was a person appointed in each village to give instruction in religion. Alcaldes mayores were ordered not to dispossess native chiefs of their rule or authority; they were, on the contrary, to appeal cases involving them without delay to the audiencia, or to the visiting oidor. The audiencia was to devote two days a week to hearing suits to which Indians were parties. Encomenderos were to be protected by the audiencia in the possession of their encomiendas.

A proportionate amount of attention in this cedula is devoted to outlining the duties of the fiscal, who, from many points of view, was the most important official directly connected with the tribunal. It was his function to appear as prosecutor for the government in all cases tried before the audiencia, and he was forbidden to serve as the advocate of any private person during his term of office. He should devote his attention especially to matters involving the exchequer. He was to prosecute all cases of appeal from the alcaldes mayores and corregidores on behalf of the government, and "he was to take care to a.s.sist and favor poor Indians in the suits that they have, and to see that they are not oppressed, maltreated, or wronged." The fiscal, ordinarily, was not to prosecute unless it were on the complaint of some person, but in cases of notorious injustice, or when judicial inquiry was being made, he could take the initiative on his own account. It was his duty to perform any and all legal acts which were consistent with his position, and which were designed to bring about justice or to secure the royal interests.

The remaining sections of this decree, and, in fact, the greater part of it, are devoted to establis.h.i.+ng the duties of the fiscal and the minor officials of the audiencia, to fixing a tariff of fees to be charged for notarial and other legal work and to the determination of other matters which are of no great consequence to the purposes of this chapter.

Among the minor officials attached to the audiencia were the alguacil mayor and his two deputies. These were to act as the executive officers of the court and were empowered to make arrests, serve papers and execute similar functions. Their duties, as a whole, were much like those of the English or American constable or sheriff. They might arrest, on their own initiative, persons whom they caught in crime, as, for example, those playing forbidden games of chance, or indulging in immoral practices, typical particularly of the Chinese. The alguacil was responsible for the maintenance of the prison of the audiencia; for this purpose he could appoint a certain number of jail-wardens.

There were also clerks of court and notaries, chosen by royal appointment. Their duties were those customarily required of such officials, not differing from those of today. The audiencia likewise had official reporters, similar to the court reporters of the present day. Advocates and attorneys practicing before the audiencia had to fulfill certain prescribed requirements in regard to learning, training, and general ability. Receivers, bailiffs, jail-wardens and interpreters each received their due amount of s.p.a.ce and attention in this cedula. The interpreters were to a.s.sist the Indians who were defending themselves in a Spanish-speaking court. Among their duties was the translation of the testimony of witnesses, of the questions of attorneys and the rulings of the courts into the native dialects, or into the Spanish language, as the circ.u.mstances might require. These interpreters were also required to a.s.sist the natives in the formulation of legal doc.u.ments. All these minor officials were to be regulated in the collection of fees by a legal tariff. Finally, the audiencia was provided with an archive within which were to be deposited and kept the great seal of the government, and all official papers, including records of cases and official acts.

The new audiencia having been provided for, Santiago de Vera, the recently appointed governor and captain-general of the Islands and president of the new tribunal, arrived at Manila on May 28, 1584. In accordance with the new law, it was his duty to govern the Philippines in the capacity of executive and military commander, and at the same time preside over the audiencia in its respective judicial, advisory, and administrative capacities. The first session of the audiencia was held on June 15, 1584. [72] The new tribunal was officially brought into being with much pomp and ceremony, including a procession of the president and magistrates in their robes of office, and the celebration of divine service in the cathedral by the bishop. The president and each of the oidores subsequently made lengthy reports to the Council of the Indies on the inauguration of the tribunal.

The most direct and striking consequence of the establishment of the audiencia in Manila was the discord which it engendered between the various officials and functionaries of the government. Whereas, before the inauguration of the tribunal, the chief ill of the colony had been the unrivaled absolutism and the high-handed proceedings of the governor, now, with the division of power newly effected, the creation of new departments, and the checking of one official against another, strife and contention took the place of despotism.

There were but few misunderstandings between the oidores over their judicial duties. The functions of the audiencia, as a court, were clearly defined and distinctly understood. Although appeals were made from the audiencia to the Council of the Indies, as appeals are always made from a minor court to a superior tribunal, there was little dissatisfaction with the body in the exercise of its purely legal functions. Its value in protecting the natives on the encomiendas from the tyranny of their masters, the facility rendered to the administration of justice by making appeal to New Spain unnecessary, and the advantage of having immediately at hand a tribunal with plenary powers were readily recognized.

The chief objection to the tribunal developed as a result of the audiencia's interference in matters of government and administration. Disputes arose between the governor and the oidores, and among the oidores themselves. The lack of experience in the local field of the president and magistrates may have been one of the causes of the unsatisfactory conditions immediately following the establishment of the audiencia. Another and possibly a more important reason lay in the nature and wording of the articles of establishment. A certain amount of confusion existed in the minds of all as to the extent of power which the audiencia should have in governmental and ecclesiastical affairs. No definite distinction had been drawn between the powers of the president and those of the oidores in matters of government, and the former at once accused the latter of infringing upon the jurisdiction of the executive. The oidores, on the other hand, claimed that their advice should be taken in all matters of appointment, defense, patronage--both ecclesiastical and secular--finance, commerce and interior administration. They began to intervene actively in those matters, to the displeasure of the governor and treasury officials. All the oidores as well as the fiscal, wrote lengthy memorials and reports to the king, offering advice on this affair or that, and criticising the governor, the bishop, and the oficiales reales for acts done within their own spheres of authority. In sending these reports and in making these suggestions, the magistrates did not question their own authority and they resented exceedingly the objections and charges of interference by those concerned.

An ill.u.s.tration may be noted in the letter written on July 3, 1584, by Oidor Melchoir Davalos to the king. After several clear intimations that he would like to be governor in case a vacancy should arise and after modestly setting forth his own qualifications and virtues, Davalos wrote a faithful and vivid account of the expeditions which had been made recently against the Mohammedan Sulus. He pet.i.tioned for a suspension of the law forbidding slavery in order that Spaniards might avail themselves of captive Moros as slaves. [73] He made several recommendations in regard to the Chinese, stating particularly that he was devoting himself to a study of the kind of government best fitted for the Chinese in Manila. He complained that the Chinese merchants were draining the Islands of silver, bringing as many as thirty-four s.h.i.+ploads of Chinese cargo a year. Since nothing of commercial value was produced in the Philippines, they could take away nothing else than silver. This incessant drain on the coin imported from Acapulco was resulting in the impoverishment of the colony and const.i.tuted a source of danger to New Spain as well. The exportation of money was contrary to royal orders and distinctly prejudicial to the economic interests of the realm. Davalos recommended immediate action in the matter. He then discussed military affairs, alleging that the pay of the soldiers was insufficient, and their condition miserable. The first and third of the matters touched upon by the oidor in his memorial, namely, the war in Mindanao and the condition of the soldiers, belonged to the private jurisdiction of the governor and captain-general, [74] the control of the Chinese coming later under the jurisdiction of the governor, as captain-general, with special inhibition of the interference of the audiencia. [75]

This letter furnishes a good ill.u.s.tration of the interference of an oidor in matters of government. The desire to interfere does not seem to have been confined to one individual, but was apparently characteristic of all the magistrates of the audiencia. [76]

The extensive field over which the oidores claimed cognizance is shown by a series of memorials which were sent by the audiencia as a body to the court under the date of June 26, 1586. [77] They are noted here because they ill.u.s.trate the diversity of the interests of the oidores, and because their devotion to these various matters was characterized as unjustified meddling by the governor and the other opponents of the audiencia. The concern which the oidores manifested in the miscellaneous affairs of government const.i.tuted, no doubt, an indirect reason for the temporary removal of the tribunal in 1589.

These memorials suggested reform in many departments of government. The inadequate state of defense and the demoralized condition into which the garrison had fallen was the subject of one letter. Attention was called to the necessity of obtaining more funds for the fortifications of the Islands. Reference was made to the continual danger of j.a.panese invasion. Another letter dealt with financial affairs. The public exchequer was reported to be in bad condition, as there was not enough money in the treasury to pay the expenses of government. The oidores recommended that their own salaries should be paid out of the treasury of Mexico. They suggested an increase of tribute as a means of securing more money. This, they alleged, could be done in justice, since the amount of tribute paid by the natives of the Philippines did not equal that levied upon the Indians of New Spain. [78] The oidores reported an increase of 5000 pesos in the revenues of the colony as profits from the sale of certain offices which had formerly been bestowed gratis by the governor upon his friends, the righting of this wrong being effected through the influence of the fiscal and oidores who officiated as members of the junta de hacienda.

While ostensibly seeking means for the enlargement of the income of the Islands, as noted, the oidores protested against a recent royal order which had required that the proceeds returned from vacant encomiendas should be placed in the public treasury. They objected that this would take away all hope of reward from soldiers and subjects "who have served your Majesty, reducing them to poverty, with no means of support after a long career of service." [79] In other words, the audiencia is here seen registering its objections to the conversion of private into royal encomiendas, notwithstanding the fact that this would mean greater revenue for the government. The inconsistency of this att.i.tude was pointed out by Magistrate Davalos in his letter of June 20, 1585. [80]

Another pet.i.tion which may reflect some discredit upon the audiencia was one which asked for the abolition of the one and one-half per cent tax on imported money, and for the elimination of the three per cent almojarifazgo. Both of these taxes bore heavily on the Chinese and on the Spanish merchants of Manila. "These two taxes," wrote the oidores, "are drawing the life-blood from the Chinese, who would otherwise bring products of great value to our sh.o.r.es." The oidores had commenced this memorial by showing the financial needs of the colony. They had requested a.s.sistance from the treasury of Mexico, yet, in the same communication, they proposed to abolish three of the most profitable sources of colonial revenue that existed. These recommendations not only ill.u.s.trate the wide sphere of influence of the magistrates, but they also seem to confirm the allegations which were often brought against them, charges, indeed, which they proffered against one another--that each was more interested in trade than in the welfare of the government. Notwithstanding the fact that the economic life of the colony depended on the Chinese trade, the evidence seems to indicate that, even this early in the history of the tribunal, its magistrates had personal interests to serve. In the letter referred to above, Davalos, who seems to have been a dissenting party to all these proceedings, charged his contemporaries with being guilty of undue mercantile activity.