The king, on August 9, 1609, wrote to the audiencia, asking for information concerning the truth of a certain report which had come to him regarding a custom practiced among the natives before the arrival of the Spaniards, and which was said still to be in operation. It had been asserted that the children of a free man and a slave woman would be half-slave and half-free, and the progeny of these children by subsequent marriage would be classed as a fourth, an eighth, or a sixteenth slave or free. It was said that the natives recognized varying degrees of freedom and slavery. The king, in the letter above referred to, expressed a desire to know the truth of these reports, and he ordered the audiencia to instruct him fully concerning these alleged practices and customs. He called attention to the existing law which forbade Spaniards to hold slaves, and he requested information as to how great a hold this barbarous custom had upon the natives, and how it might be eradicated with the least possible inconvenience and loss.[58]

The audiencia was required to submit data regularly concerning the religious orders, showing the number of friars belonging to each order and designating the provinces that were held by each. The tribunal was often asked to make recommendations for the regulation of the religious. As we shall note in a subsequent chapter, one of the regular duties of the audiencia was to send in a yearly report on the number of religious arriving in or departing from the Islands. The tribunal had jurisdiction over the royal colleges and universities; it exercised supervision over courses of study and instruction given in them, and the oidores reported concerning these matters from time to time.

The audiencia kept the court informed as to the number of Spaniards in the Islands, the occupation of each, and his attitude toward the government. It reported on the number of Chinese and other foreigners in the Islands, the amount of tribute paid by the Chinese, and the extent of the Chinese trade. From time to time the magistrates were asked by the court to make special reports on these or other subjects. They were required to report from time to time on the number and services of the officials of the government, major and subordinate, whether they were all needed, the quality of their services, and what reforms could be made to effect greater economy and efficiency. The audiencia was especially charged with the duty of seeing that the provincial officials were not so numerous as to be a burden on the natives. The government realized that oppression of the Indians would result from the presence of too many Spaniards among them, and the effort was continually made to limit the number of these undesirables. The audiencia, in short, was the representative of the king in all these matters.

On several occasions the audiencia assumed the initiative, or assisted materially, in the accomplishment of various functions of an extraordinary character. It played an important role in checking the epidemic of smallpox which ravaged the Islands from 1790 to 1794. On January 18, 1790, Governor Marquina reported that this disease had been playing havoc with the Indians in various parts of the Islands.[59] He had raised 2385 pesos by voluntary contributions from different officials and corporations, and had appointed a committee to administer the funds. This committee consisted of representatives of the different religious communities and the consulado, the archbishop, the chief of the contaduría, the fiscal, the regent and the magistrates of the audiencia. Soon after this letter was written Marquina’s residencia was taken, and the king, on January 24, 1794, wrote to the regent, asking him to act as executive of the general committee already appointed to conduct the campaign against this epidemic, and to report what progress had been made in combatting it, suggesting that a general committee of sanitation should be constituted to handle such cases in the future.[60]

In the cédula of November 26, 1765, we find another illustration of the extraordinary functions of the magistrates of the audiencia. The governor was ordered on this occasion to appoint a committee to consider ways and means of remedying the damage done to agriculture and commerce in the Islands as a result of the depredations of the English upon their occupation of various parts of the Islands. This committee was to consist of the fiscal as president, the oidores, the chief of the contaduría, the alcaldes ordinarios of the city, and the alcaldes mayores of the districts immediately outside the city. It was ordered to meet at stated periods to discuss and recommend ways and means of improvement, proper taxation, and other measures calculated to bring about a revival of agriculture. This committee was the forerunner of the Sociedad de Amigos del País, which was established during the administration of Governor José Basco y Vargas.[61]

The variety of the functions of the audiencia is well illustrated by a report made on July 20, 1757, in compliance with a royal order of inquiry as to how much money should be expended by the Philippine government on the inauguration ceremonies of the governor.[62] Besides noting an added duty of the tribunal, this is illustrative of the pomp and ceremony utilized to impress the inhabitants of the colonies with the grandeur of Spain and her government. After a lengthy investigation, the audiencia stated in reply that the government of Perú had been authorized to spend 12,000 pesos in the reception of a viceroy, while New Spain could spend 8000 pesos. As much as 4000 pesos had been spent in Manila in times past. Since the Philippines was a colony of less importance than these, and the governor there was of inferior rank to the viceroy, and as even these sums were extravagant, it was the opinion of the tribunal that the government at Manila should limit itself to an expenditure of 2000 pesos. This may be considered as an example of the work accomplished by the oidores in checking the excesses of the other officials and departments of the government.[63]

The audiencia had general authority over the inspection and censorship of books which were printed in the colony or imported. This power was conceded by a series of laws promulgated at different times from 1556 to 1668.[64] At the earlier date it was ordered that no book treating of the Indies should be printed without first having been inspected, approved, and licensed by the Council of the Indies, and none could be introduced into the Indies without the express permission of that body.[65] Books of fables and other profane publications were not allowed in the colonies under any circumstances. The Council of the Indies, by enactment of May 8, 1584, authorized the audiencia to publish books and dictionaries in the native dialects, and a later law stipulated that twenty copies of each book should be sent to the Council of the Indies to be placed on file there.[66] The oidores and the oficiales reales whose duty it was to inspect the ships which arrived from New Spain were ordered to search for forbidden and heretical books, but in doing this they must act in conformity with the expurgatories of the Inquisition.[67] By cédula of October 10, 1575, and of December 2, 1580, the right to print books of prayer and of divine service for Spain and the Indies was conceded to the monastery of San Lorenzo. This same cédula ordered that viceroys, presidents, and oidores should see that no other service-books were used in the churches and monasteries, and that books printed by any other agency should not be permitted to enter the Islands.[68]

In conformity with the above regulations, the Audiencia of Manila, on July 21, 1787, suppressed a book which had been written by the commissary of the Inquisition, on the ground that this functionary had published it on the authority of the archbishop alone, and without authorization of the Council of the Indies, as was required by law. The case was appealed by the commissary to the Council, and the latter body, while approving the action of the audiencia in suppressing the book, and reprimanding the archbishop, after an examination of the volume, allowed its publication in conformity with the laws of the Indies.[69] Taken together, the relations of the audiencia and the commissary of the Inquisition in most matters, and particularly in the publication of books, were harmonious, and the same strife and trouble did not occur in the Philippines that developed in Mexico, Naples, and Perú over the question.[70]

On January 26, 1816, the audiencia forbade the publication of any book without its express permission.[71] As a result, considerable trouble arose with the governor and the fiscal, neither of whom had been consulted when the auto was passed. The fiscal contended that the audiencia was violating the law which had reserved to the Council the power to give licenses for the publication of books; moreover, it was asserted, the law required the governor and audiencia to act in acuerdo in matters pertaining to the suppression and licensing of books, the tribunal not being authorized to proceed alone. The audiencia contended in reply that these laws could no longer be interpreted to mean that the governor should have authority over matters of a purely judicial nature, such as these were, because he was no longer president of the audiencia, and hence not a judicial official.[72] The tribunal furthermore based its contention on two enactments—one, a royal order dated October 1, 1770, which directed certain prelates to apply to the audiencia for permission to have a religious work published, and the other, dated July 21, 1787, already cited, by which the king confirmed the refusal of the audiencia to allow the publication of a work prepared by the commissary of the Inquisition, when he had failed to seek the authority of the audiencia. It is clear, however, that on this occasion the audiencia was guilty of deliberate misinterpretation of the law in its own favor. The Council of the Indies had the final right to decide as to the contents of the book, and the audiencia merely suspended publication, pending the action of the Council. The audiencia was never given the power to pass finally on the contents of books, except those dealing with languages and dialects. The ultimate right of passing on all religious publications was retained by the Council of the Indies, while the audiencia was authorized merely to suspend the publication and circulation of books which had not complied with the above royal ordinances. After the suppression of the Council of the Indies and the establishment of the Supreme Tribunal of Justice, there was a tendency toward giving the colonial governments a wider degree of latitude in such matters.

It has been noted already, in the cédula of October 9, 1812, and in subsequent reforms, that all matters of a contentious nature should be settled in the audiencias and not carried to the tribunal in Spain. A further reform in the censorship of books was made on October 4, 1839, when the control of these matters was placed in the hands of two censors, appointed by the acuerdo and the archbishop, respectively. In case a decision were made to suppress a certain book, a legal proceeding had to be instituted before the fiscal, who became the arbiter if a disagreement arose between the censors. Seizure was justified on the grounds that the publication contained something contrary to the legitimate interests of the throne or of the religion. Condemned books were not only seized, but sent from the colony.[73] The responsibilities of censorship were thus shared until October 7, 1856, when, on account of the many disagreements which had arisen as a result of this divided authority, the superior government decreed that a standing board of censors should be created, to consist of eight members, four to be appointed by the archbishop and four by the governor. This board was to be presided over by the fiscal of the audiencia.[74]