[90] Concepción, XI, 132–234 (Anson’s depredations).
CHAPTER V
THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.
Aside from the activities which have been described, the magistrates of the audiencia rendered important services in various administrative capacities. From the beginning until the end of the eighteenth century the oidores were assigned to special commissions or judgeships with jurisdiction over such miscellaneous secular and ecclesiastical matters as did not come readily under any other department or authority. In practically all cases these functions involved the oidores in their individual capacities rather than as magistrates of a tribunal of justice. Though their work was independent of the audiencia, their decisions were reviewed in the audiencia in many cases. In short, it may be said that when any unforeseen or unclassified matter came up for solution, it was usually assigned to a magistrate of the audiencia.
The exercise of these extra functions was especially characteristic of the history of the audiencia down to 1785, when the reforms of the intendancy were introduced throughout the Spanish colonial empire. These important reforms grouped these administrative functions about a central head, the superintendent, and lessened the duties of the oidores in these matters, confining the magistrates more particularly to judicial duties. It may be said, however, that the oidores exercised these extra functions practically till the end of the eighteenth century, which period comprised the greater part of the existence of the colonial audiencia.
The laws of the Indies empowered the president of the audiencia to designate oidores to serve on these commissions. Additional compensation and travelling expenses were given for these extra services.[1] The president was forbidden to send magistrates on commissions to places outside the district of the audiencia, which, of course, would have been impossible in the Philippines. Appointment to some of these commissions was considered by the magistrates as highly desirable. Frequent disagreements arose over these appointments, and the king was obliged to issue pacificatory cédulas, from time to time, to allay the discord and strife which arose over the appointments to the more lucrative of these places. The principle was laid down repeatedly that special commissions should be assigned fairly among the ministers, and that in their distribution only the aptitude of the magistrates for the particular tasks should be considered.[2] The term of service for these special posts was a year. No change was allowed in the incumbency of a particular commission unless on account of death, sickness, or removal for incompetency. Appointments to these extra duties were made in the royal name, and appointees were obliged to make reports to the court on the termination of the commission held. Magistrates were held responsible for their service in this capacity in their residencias. In large audiencias such as Mexico, Lima, and Buenos Ayres in the eighteenth century, many commissions of this character were served by regular commissioners who held no other posts, but in the smaller colonies such as the Philippines, Puerto Rico, and Cuba, they were held by oidores when the duties connected with the commissions did not entail sufficient work to occupy all the time of the appointee.
The most important and profitable commissions were awarded to the senior magistrate of the audiencia. He was charged permanently with the duty of seeing that all the decrees, fines, and decisions of the Council of the Indies were executed, collections being made in accordance with the instructions of that body. These included fines imposed in residencia and other penalties exacted on different occasions by the audiencia, or by the Council of the Indies. Among the latter were confiscations of property and fines for smuggling, for the illegal exportation of silver, and for the evasion of the king’s fifth,[3] the alcabala and the almojarifazgo. The senior magistrate was authorized to retain as compensation three per cent of the amount collected, and he was ordered to give account to the audiencia of collections made by him in accordance with the law.[4] Another magistrate was asesor of the Santa Cruzada, and it was his duty to give legal advice and to act as special attorney for that department of ecclesiastical activity.[5] The president, fiscal, and the senior oidor concurred in the acuerdos which treated of matters pertaining to real hacienda.[6] This was known as the junta ordinaria. A tribunal of appeals above the junta ordinaria was created later, and in its activities, also, the magistrates of the audiencia participated.[7] The audiencia also heard judicially certain cases of appeal involving the royal treasury, but magistrates who had participated in the junta mentioned above were not allowed to hear again the cases in which their previous vote had been given. Each oidor served in turn for the period of six months on the board of auctions.[8] Magistrates were appointed by the governor, yearly, in turn, to serve as inspectors of the government. In this capacity they were expected to examine and report on the administration of justice and on the work of the audiencia, the royal treasury and the officials connected therewith, visitors, provincial officials and those of the city of Manila. The inspecting magistrate was authorized to examine the records of these officials and to use any other legitimate means in performance of his special duties.[9]
An oidor was designated by the president to make periodical inspections in the provinces. This official had to attend to a variety of matters while on visits of inspection. He was required to make a census of the towns, and inquire into the prosperity of the inhabitants; to audit the accounts of the town officials, and to see whether the provincial governor or magistrate had been faithful in the execution of his duties. He was supposed to visit the encomiendas and note the treatment of the Indians thereon, to find out whether the natives were properly and sufficiently instructed, or whether they were permitted to remain in idolatry and idleness. He inspected the churches and monasteries, seeing that they contained the requisite number of religious and no more, and noting whether the natives under the charge of the ecclesiastics were well treated. In the same way he inspected the curacies of the towns. The visiting oidor was especially required to give careful attention to the corregidores and alcaldes mayores, inspecting their judicial and administrative activities and holding them responsible for any irregularities, especially with regard to the treatment of the Indians. The visitor was required to inspect inns and taverns, to ascertain whether they observed the regular tariffs, and whether the drugs sold in the provinces were of good quality. He also inspected highways and bridges. If the visitor found anything wrong he was authorized to take immediate steps, on his own responsibility, to remedy the defects, reporting any action taken to the audiencia without delay. As seen in the last chapter, the immediate consequence of the visit was frequently the residencia of the official inspected. The visitor was provided with sufficient funds to defray his expenses, so that he would not be a burden on the encomenderos or Indians. The president of the audiencia was forbidden to order visits to the same province more frequently than once every three years, unless, after an investigation, such action was declared necessary by vote of the acuerdo.[10]
The audiencia exercised supervision over certain matters of church finance. These included tithes, the funds of temporalities, and of certain charitable societies, and jurisdiction over the adjustment of estates and properties left by deceased prelates. In connection with the latter was the duty of auditing the accounts of benefices which were subject to the royal patronage whenever a transfer of occupants was made. These matters, though miscellaneous in their character, and accordingly pertinent here, may be reserved for a subsequent chapter which will be dedicated to a discussion of the relations of the audiencia and the Church.