It is important to note at the outset that the residencia was not conducted periodically alone, but that it might be held at any time in the career of an official. The term pesquisa was applied to the form of residencia which was carried out by a special investigator (pesquisidor), sent when serious charges were made against the conduct of an official.[12] In the investigation which took place the official might be fined, or if grave offenses were proved, he might be removed from office. Appeals might be made from the pesquisidor to the audiencia and to the Council of the Indies. In fact, the judgments of the pesquisidor were always reviewed in the local tribunal unless the investigating judge had been commissioned by the Council of the Indies.
The distinction which has been made here between the formal residencia which occurred at the close of the term of office and the pesquisa which might take place whenever serious charges were made, was first emphasized in laws promulgated by Charles V in 1538, and by Philip II in 1591; these aimed to put a stop to the excesses of certain governors, corregidores, and ministers of justice, who, relying on the practice then prevailing of taking residencias only at the close of the official term, had committed unlimited excesses. The new laws, above referred to, stated that although it had never been the royal wish that residencias of royal appointees should be taken without notice having been sent first to the monarch, the above circumstances had made it necessary for them to be taken when charges were made. This cédula, therefore, authorized the taking of residencias whenever the best interests of the service required it.[13]
This cédula was followed by another which forbade the sending of special investigators or judges of residencia against governors of provinces, unless persons of responsible character presented charges against them, giving bonds to cover the costs. An investigator was thereupon sent to conduct the trial of the official under examination.[14] This matter is covered in slightly different terms in the law of June 19, 1620. According to that enactment, a receptor[15] might be sent to conduct the preliminary investigations of corregidores and ordinary justices when these demanded instant attention and could not await the formal residencia. If, as a result of this inquiry, the guilt of the official seemed apparent, a more complete investigation was made by a judge appointed by the president and audiencia in acuerdo.[16]
The authority to determine whether cases merited investigation or not and whether an inquiry should be made, belonged to the acuerdo, while the designation of the judge rested with the governor.[17] The judges sent on these missions were not at first authorized to pass final sentence, their decisions being subject to review in the audiencia before execution. However, by the law of May 5, 1576, this added authority was bestowed upon the oidores who conducted special investigations, or residencias.[18] Appeals might be made to the audiencia and, if the sentence imposed the death penalty or permanent removal from office, the appeal might be carried to the Council of the Indies.[19] The final approval of the Council was required before action could be taken with regard to any royal appointee, except in those cases wherein the fine did not exceed one thousand pesos.[20]
The oidores, it seems, did not always act as impartial judges when entrusted with these investigations; they were often influenced by the extra reward obtained for these services, and frequently by prejudice against the officials under investigation. Such were the charges implied by Governor Fajardo in 1619 when he wrote:
It is always to be believed that the auditors (oidores) to whom the inquiries are entrusted, ought to make them, not only as judges, but as interested parties, so that sinister inquiries should not be sent to your Majesty’s royal Council to defraud your royal treasury and the merits of those who have served well. I assure your Majesty that I have heard that many inquiries have been made with less justification than might be advisable.[21]
A typical illustration of the jurisdiction of the audiencia in an investigation of this sort, and of the delay to which the minor officials were subjected, is shown in the case of Antonio Pimentel, governor of the Marianas,[22] whose residencia was taken in the decade following 1711. In this case may be seen the distinction between the formal residencia, conducted at the close of the regular term of office, and an investigation of charges brought during the incumbency of the official. This case illustrates both forms of investigation, for it originated in a charge of treason brought against Pimentel, who, it was said, had furnished food and water to the crews of two English vessels, enemies of Spain, and subsequently these same ships had captured the galleon, “Nuestra Señora de la Encarnación”. The conduct of the case was given to magistrate Torralba, who, on his arrival at Guam, sent Pimentel in chains to Manila. Notwithstanding his defense of ignorance of a state of war existing between Spain and England, he was sentenced to the forfeiture of the bonds which he had posted on assuming office, and in addition was deprived of his position as governor at Guam. This sentence was rendered January 23, 1712, and was approved by the audiencia in review on July 24, 1714.[23] The tribunal sentenced Pimentel to prison and ordered that his residencia should be taken; accordingly, an examination was made of all his official acts as governor. Pimentel, therefore, had not only to stand investigation for the particular act which had brought about his removal, but he was also subjected to a residencia covering his entire career as governor. It may be noted that the two forms of investigation were separate and distinct on this occasion.
Owing to the death of Governor Lizárraga, to the imprisonment of Oidor Villa, and to the state of anarchy surrounding the administration of Torralba as governor, Pimentel was forced to languish in prison several years while he waited residencia. The appointment of Luís de Tagle as his successor and judge of residencia was dated June 25, 1717. This occasion was one on which the successor of a governor took his predecessor’s residencia, owing, the commission said, to the distance and the irregularity of communication between Manila and Guam. A letter of the audiencia, dated August 9, 1718, advised the governor that there were 427 unfinished cases on the docket of the tribunal, and chief among those that ought to be decided without delay was the review of the residencia of Pimentel; it was added that there seemed to be no prospect that a boat could get to Guam before 1719. The record of the termination of this case probably reposes somewhere in the archives, tied in an aged, yellow packet, bound by Spanish red tape.
In summary, it may be said that there were two kinds of investigations of official conduct, one taken at the completion of the regular term of office and the other at any time when the needs of the service required it. They both had the same ultimate purpose of holding officials responsible for misconduct in office, of giving to all persons an opportunity of having justice done to them and of deterring office-holders from future misdeeds.
Practically all of the colonial officials were subject to residencia. The most sensational and widely known residencias were, of course, those of viceroys and captains-general, but oidores, treasury officials, encomenderos, alcaldes mayores, corregidores, admirals, generals, captains, and constructors of galleons were likewise examined in this way.[24] The visitors and special investigators who were sent to examine the government of the provinces and the state of the Indians on the encomiendas were also subject to residencia. Residencias were exacted of all minor officials at the same time that their superiors were examined.[25] Clerks, notaries, secretaries, alcaldes ordinarios, regidores, and other officials of a minor category were investigated at the same time that the governor was examined, an alcalde or an oidor being delegated by the new president to review their official conduct. The examination of these minor officials seems to have become more and more perfunctory and there was a tendency during the latter part of the nineteenth century to continue them in office, even without investigation. When, for instance, Governors Basco y Vargas and Marquina gave up their offices this formality was omitted.[26] The practice of taking the residencias of minor officials was definitely abandoned on August 24, 1799, and a rigid inspection by the audiencia of their official acts was authorized.[27]