The most significant controversy which ever occurred in the Philippines between the governor and the audiencia arose in connection with the banishment of Archbishop Pardo in 1683. It is not the purpose here to give a detailed account of the Pardo controversy, which will be discussed again in connection with the relations of the audiencia and the church. However, since this episode involves certain incidents illustrating important phases of the relationship of the governor and the audiencia, it is desirable to refer to it here in considerable detail.
The real occasion for this conflict was the defiance of the laws of the royal ecclesiastical patronage by the archbishop, who insisted on making ecclesiastical appointments without consulting the governor. The governor appealed to the audiencia for support, and the tribunal exercised jurisdiction over the case on the basis of its right to try cases of fuerza and to prevent ecclesiastical judges from infringing on the civil jurisdiction. Juan Sánchez, the secretary of the audiencia, relates that, owing to the interference of the Dominicans and Jesuits, and their harsh public criticism from the pulpit of the audiencia and government, “the royal Audiencia felt obliged to advise its president, then Don Juan de Vargas, that he should apply a corrective to these acts.”[8] This corrective was the banishment to Spain of certain individuals of the Dominican order to answer for their misdeeds and ultimately the exile of Archbishop Pardo from the city. It is enough to say that Governor Juan de Vargas Hurtado and the audiencia acted in harmony on this occasion, presenting a solid front to the ecclesiastical power. When the new governor, Curuzaelegui, arrived, however, he forced the audiencia to ask pardon and absolution from the archbishop, which the magistrates did on their knees. The new governor disgraced Vargas in the residencia, waiving for a time the residencias of the oidores. Pardo was recalled from exile, and the audiencia was forced to legalize his restoration to his see on October 25, 1684. Thus the new governor and the archbishop triumphed over the combined forces of the ex-governor and the audiencia.
It is clear that the power of the new governor was derived chiefly from his status as royal vicepatron, acting in conjunction with the archbishop. This power Vargas had formerly employed in co-operation with the audiencia, and thereby both had gained their victory over the prelate before the arrival of the new governor. Curuzaelegui used the same authority to recall Pardo; and in so doing he was probably the only governor in the history of the Islands who ever supported a prelate against the advice of the audiencia. The combination of a governor and an audiencia was much more frequent, as we shall see. The position of the governor was strengthened, also, by his commission to conduct the residencia of Vargas, and the respect which the audiencia had for him was increased by the fact that in judging the ex-governor’s misdeeds he was also authorized to hold the oidores responsible for all their official opinions and acts in acuerdo with the disgraced governor.[9] Another source of the governor’s strength was to be found in the royal instructions which he carried with him to stop the quarrels previously existing in the colony. The oidores very prudently submitted to the new governor, and therefore, for a time, they were patronized by the latter, who utilized their intimate knowledge of local affairs to aid him in obtaining control of the government and familiarizing himself with it. Meanwhile he literally held the residencia over their heads.
The attitude of the new governor toward the audiencia during the first six months may be described as conciliatory. That he did not act with entire independence of it is attested by the fact that when Vargas appealed to the tribunal against the ecclesiastical penalties imposed by the archbishop, the governor signed the act ordering the absolution of his predecessor. When the archbishop persisted in his intention to humiliate Vargas on the ground that the Inquisition demanded such action, the new governor threatened again to expel the prelate if he did not desist.[10] His pacificatory efforts also resulted in a temporary cessation of the hostility between the archbishop and the audiencia; he held private conferences with the oidores, manifesting repeatedly his determination to proceed harmoniously with them. As a result of this treatment, the magistrates were emboldened to urge that the return of the prelate was contrary to law, and inconsistent with all precedent.
Finally, unable to resist the pressure exerted by the archbishop, and obtaining advance information of the royal condemnation of the audiencia for its acts in the banishment of Pardo, the governor arrested, imprisoned, and exiled the magistrates, temporarily reconstituting the tribunal with local and more subservient members.[11] Curuzaelegui’s proceedings were thenceforth as high-handed as they had formerly been conciliatory, and from that time onward the residents of the colony were subjected to the rule of an absolute governor, aided by an unscrupulous and vindictive prelate and a subservient audiencia. Just before his imprisonment, Magistrate Bolívar, in a letter to the Minister of the Indies, described the chaos existent in Manila as follows:
Here there is no will, save that of a governor, since he is absolute, we all had to acquiesce, under compulsion and pressure, in the restitution of the archbishop;[12] ... to state the case in few words, the archbishop does whatever suits his whim, without there being anyone to restrain him.[13]
Fray Luís Pimentel, a Jesuit, in a letter which he wrote to a friend, stated that the arrest of the oidores by the governor had been inspired by personal spite and a desire for revenge. He had desired to punish magistrates Viga and Bolívar, particularly for their opposition to him in matters of administration and in his trading-schemes. The governor was also said to have been actuated by a suspicion that these oidores had formulated elaborate charges of misgovernment against him, and he desired to prevent these complaints from reaching the king.[14]
Pimentel proceeded to relate that the governor then found himself embarrassed without the aid of an audiencia, and had accordingly formed another of his own selection. This body was careful to execute the governor’s will in every particular; consequently there was no check on his misrule. This new audiencia approved all the acts of the archbishop and refused to entertain the appeals of the ex-governor,
royal decrees were despatched against the preachers (Jesuits) who zealously proclaimed from the pulpits the arbitrary and malicious character of the recent acts, and the Dominicans alone had the privilege to utter whatever absurdities they pleased in the pulpits.... No authentic statement of the evil deeds of these years can be sent to the court for the scriveners are intimidated and will not give official statements of what occurs, except what may be in favor of the governor and the archbishop. Item, (this) is written in much distrust and fear, on account of the numerous spies who go about prying into and noting everything that is done.[15]
Pimentel stated that the archbishop, who was a Dominican, had used this rupture between the governor and the audiencia, and the favor of the governor, particularly, as an occasion and pretext for imposing on the Jesuits and Franciscans. He had deprived them of their lands and parishes, and had obtained many favors for the Dominicans and Augustinians at the expense of the rival orders. “It seems as if the governor had come to the islands,” Pimentel wrote, “for nothing else than to encourage the Dominicans in their rebellious acts, to trample on the laws, to abolish recourse to the royal Audiencia, to sow dissension, to be a tyrant, to disturb the peace, and to enable the archbishop to secure whatever he wishes, even though he imposes so grievous a captivity on the commonwealth.”[16]