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The Audiencia in the Spanish Colonies

Chapter I · THE AUDIENCIAS OF THE SPANISH COLONIES

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The Spanish system of colonial administration was an adaptation beyond the seas of fundamental administrative, judicial and ecclesiastical institutions and principles which had grown up and had proved serviceable throughout a long period of successful use in Spain. As the audiencias and their allied officials had shown themselves to be efficient as agencies of centralization in the isolated provinces of Spain, so they were utilized, by the organization which they effected, to bring the colonies nearer the mother country. When Spain was confronted with the necessity of governing her vast empire, it was natural that she should profit by her former administrative experience, and make use of those institutions of government which had proved successful at home.

When Columbus undertook his second and later voyages the Catholic rulers began to modify the conditions of the original compact by sending royal representatives with him to take account of his expeditions. The difficulties which Columbus had in the government of his West Indian colony are too well known to be more than referred to here. Through the influence of Fonseca, and the gradual realization of the tremendous size and importance of the new dominions, the rulers of Spain began to feel that a mistake had been made in granting to this Genoese sailor and to his heirs the complete proprietorship and government of this distant empire. The abrogation of the contract was a natural consequence. It was the repudiation of a colonial system which had been created in the dark, and formulated without a knowledge of the conditions and problems to be met. Such an arrangement was foredoomed to failure, and if the colonies were to be administered successfully, reform was necessary.

The law, which has been cited already, providing that the administration of the Indies should be patterned in all ways after the governments of Castile and León, shows very clearly the natural influence of the early history and institutions of Spain. The audiencias established in the colonies were at first similar in jurisdiction and organization to those of Spain, which country had already succeeded in governing provinces that were, in effect, almost as isolated and as far from actual contact with the court as were the Indies. The audiencia of Spain had proved of immense value as an agency of direct control. It had been found satisfactory under conditions very similar to those in the Indies, which were not regarded as foreign possessions, but as integral parts of Castile, being the property of the monarchs of that kingdom, and under their personal direction.

The Council of the Indies was the high court of appeal to which all cases from the colonial audiencias came for final adjudication. It was, however, not only a court of appeal in judicial matters, but also a directive ministry for the supervision of the administrative acts of the colonial audiencias and executives.

Panamá, created February 30, 1535, with a president, four oidores and a fiscal.

Lima, created November 20, 1542, with two chambers, a civil and a criminal, a president, eight oidores, four criminal alcaldes, and two fiscales, as in Mexico.

Santiago de Guatemala, created September 13, 1543, with a president, five oidores, and a fiscal.

Guadalajara, created February 15, 1548, with a president, four oidores, and a fiscal.

Santa Fé (New Granada), created July 17, 1549, with a president, four oidores, and a fiscal.

La Plata (Charcas), created September 4, 1559, with a president, five oidores, and a fiscal.

San Francisco de Quito, created November 29, 1563, with a president, four oidores, and a fiscal.

Manila, created May 5, 1583, with a president, four oidores, and a fiscal.

Santiago de Chile, created February 17, 1609, with a president, four oidores, and a fiscal.

Buenos Ayres, created November 2, 1661, with a president, three oidores, and a fiscal; recreated July 2, 1778, when Buenos Ayres was made a viceroyalty.

Caracas, created June 13, 1786, with a regent, three oidores, and a fiscal.

Cuzco, created February 26, 1787, with a regent, three oidores, and a fiscal.

Puerto Rico, created June 19, 1831, to consist of a president, regent, three oidores, and a fiscal.

Puerto Príncipe, transferred in 1797 from Santo Domingo, reorganized September 26, 1835, to consist of a regent, four oidores, and a fiscal. This audiencia was suppressed and its territory added to that of Havana on October 21, 1853. It was recreated on February 22, 1878, and on May 23, 1879.

Santiago de Cuba, created September 26, 1835, to consist of a regent, four oidores, and a fiscal. This audiencia was later suppressed, and its territory was added to the Audiencia of Havana; it was again reformed and added to Puerto Príncipe on February 22, 1878.

Cebú (Philippines), created February 26, 1886, to consist of a president, four magistrates, a fiscal, and an assistant fiscal.

Vigán (Philippines) created on May 19, 1893, to consist of one chief justice, two associates, a prosecuting attorney, and an assistant prosecutor.

Although all the audiencias had the same rank before the Council of the Indies, both as political and judicial tribunals, those of Lima and Mexico may be said to have been tribunals of the first class, for reasons which we have noted. Indeed, it must be remembered that it was the individual captaincy-general that had an audiencia, whether the captaincy-general happened to be a viceroyalty or not. Judged by the amount of power they exercised, there were three classes of audiencias: those of the viceroyalties, of the captaincies-general, and of the presidencies. On this basis of classification, it may be said that the first-mentioned were the superior institutions. In matters of military administration, the captains-general had the same power as the viceroys, while the audiencias exercised less intervention in the government than in the presidencies. In the latter, the audiencias (and presidents) exercised governmental functions as well as judicial, with appeal to the viceroy. Though they had no military power, and their scope was strictly limited in financial affairs, these audiencias actually governed their districts. This the audiencias of the viceroyalties never did, except when they governed ad interim.

With the exception of the entertainment of the recurso de fuerza, none of the above-mentioned functions could be exercised by the audiencias of Spain. Although the colonial audiencias were to a large extent patterned after those of Spain, they had greater power and exercised more extensive functions almost from the beginning. This was chiefly owing to the added responsibilities of government resulting from the isolation of the colonies and their distance from the home government. The audiencias in Spain remained almost purely judicial. There was no need or opportunity for them to encroach upon the executive, or to usurp its functions, because of the control exercised by its immediate representatives. In the colonies the audiencias were themselves established as the agents of the royal authority, with the special duty of limiting the abuses of the officials of the crown. In this capacity, aside from their customary duties, the tribunals exercised far-reaching authority of a non-judicial character.

In the foregoing paragraphs attention has been directed briefly to the relations of the audiencias and executives with each other, and with the central government. Some notice at least should be given to the means by which the will of the executive and judiciary was enforced and executed upon and in the local units, the provinces and towns. We have already seen that the offices of the corregidores, alcaldes mayores and the alcaldes ordinarios developed in Spain, the first with jurisdiction over the larger districts, the alcaldes mayores over the smaller areas and large towns, and the alcaldes ordinarios in the municipalities. In a general sense, this system was carried into the colonies; the corregidores and alcaldes mayores were in charge of the large provinces and districts, the alcaldes ordinarios were the judges of the Spanish towns.

Tributes from the Indians, tithes from the encomenderos and other kinds of local taxes were collected by the alcaldes mayores and corregidores. Acting for the vicepatron, these officials represented the subdelegated authority of the king over the monasteries and churches of their provinces. They officiated at the formal bestowal of benefices, they were expected to maintain harmonious relations with the priests and friars in their provinces, and to check, by their personal presence and intervention, if necessary, any tendency on the part of the churchmen to abuse the Indians or to impose upon them.

In like manner they were supposed to prevent the ecclesiastical judges from exceeding their power, and particularly from transgressing the royal jurisdiction, which frequently occurred in the earlier years when that authority had not become clearly defined or firmly established. As the churchmen with whom these officials had to deal derived their authority from the higher prelates and the provincials of the orders and often acted by their direction, their opposition to the local officials of the civil government was frequently so effective that the latter were obliged to appeal to the audiencia. The latter tribunal had the power necessary to deal with these cases, and to restrain the offending churchmen, by bringing pressure to bear upon their prelates and superiors.

It has been already pointed out that the alcaldes mayores and corregidores had extensive judicial duties; a mere restatement of that important fact will suffice at this time. In subsequent chapters we shall study in detail numerous illustrations and instances of the judicial functions of the provincial judges. It has been noted also that the alcaldes ordinarios were the judges of the Spanish towns. So they were in the Philippines, but, as there were only four or five Spanish towns in the archipelago, the alcaldes ordinarios do not assume great prominence in this study. These alcaldes were usually chosen by the ayuntamientos (municipal councils), though they were appointed on some occasions by the governors. As the Spanish towns enjoyed special privileges conferred by the king, their judges were not a part of the regular judicial hierarchy, but were dependent on their ayuntamientos or the governor. However, an oidor was usually delegated to inspect the work of the alcalde ordinario.

With this introductory view of the general field of Spanish colonial administration, and this presentation of the characters and elements which are to assume important roles in this discussion because of their frequent relations with the audiencia, we may enter upon a more detailed study of a single institution. It has been emphasized especially that the audiencia in the Philippines was only an integral part of the governmental machinery used in the colonial empire of Spain. It is clear, therefore, that we are not studying an isolated tribunal, for every royal cédula promulgated to the Philippine audiencia was in some way related to those issued to ten or eleven other audiencias of equal status or similar character. Although the Philippines were apart physically, this institution, with its relation to the provincial and colonial governments on one hand, and the home government on the other, brought the colony as close as possible to Spain, and to the other colonies.

It is certain that the growth of audiencias was a part, not only of colonial, but of Spanish historical and institutional development. These institutions served the same purpose in the colonies that they accomplished in Spain; they were utilized for the administration of justice, and to check the excesses and abuses of officials. They were important because they facilitated a greater degree of centralization. They converged the provincial, colonial, intercolonial and home governments in the same manner as the audiencias in Spain brought about unity in provincial and national judicial administration.

Audiencia. No. of Salas. No. of fiscales. Magistrates. Salary of regent, Total budget,

pesos. pesos.

Lima 2 2 15 10,000 95,000

Mexico 2 2 15 9,000 85,500

Charcas 1 2 5 9,725 43,745

Chile 1 2 5 9,720 43,740

Buenos Ayres 1 2 5 6,000 36,726

Manila 1 2 5 7,000 31,500

Guadalajara 1 2 5 6,600 29,700

Guatemala 1 2 5 6,600 29,700

Santo Domingo 1 2 5 6,600 29,700

Santa Fé 1 2 5 6,600 29,700

Quito 1 2 5 6,600 29,700

Cuzco 1 1 3 9,000 27,000

Caracas 1 1 3 5,000 18,200

Notes in this chapter

Note 1 · Vander Linden, in his L’expansion coloniale de L’Espagne (p. 360), states that the Philippine audiencia exercised fewer governmental functioNote 2 · “Título expedido por los Reyes Católicos, 30 de Abril, 1492,” in Navarrete, Colección de viages, II, 9–11; also see Vander Linden, op. cit.,Note 3 · See Altamira, Historia de la civilización española, II, 477–480; Bancroft, History of Central America, I, 247–288; Helps, Spanish conquest, Note 4 · Recopilación de leyes de los reinos de las Indias (hereinafter to be referred to as the Recopilación), lib. 2, tit. 2, ley 13. For an accounNote 5 · Bancroft, History of Central America, I, 269; see note 27 of this chapter.Note 6 · In some of the early Spanish colonies the alcalde was elected by his fellow-townsmen. He exercised the functions of judge and chief executivNote 7 · Bancroft, History of Central America, I, 269.Note 8 · Altamira, Historia, II, 479.Note 9 · Bourne, Spain in America. 222; Vander Linden, L’expansion coloniale de l’Espagne, 339; see note in Bancroft, History of Central America, I. Note 10 · Bourne, Spain in America, 222; Moses, The Spanish dependencies in South America. I, 250–1; see Col. Doc. Ined., XXXI, 139–155.Note 11 · Recopilación, 9–1–2, 5.Note 12 · Ibid., 2–2–82, auto 36; Desdevises du Dezert, Espagne de l’ancien régime. Les institutions. 100–101; see Veitia Linaje, Norte de la contrataNote 13 · Zamora y Coronado, Biblioteca de legislación ultramarina, 1, 450–451; II, 374 et seq.; also Recopilación, 9–1–1, note 1; Vander Linden, op. Note 14 · Desdevises du Dezert, op. cit., 100.Note 15 · Escriche, Diccionario, I, 578; see Desdevises du Dezert, Les institutions, 95–102; Robertson, History of America, IV (Book VIII), 21.Note 16 · Recopilación, 2–2–2.Note 17 · By the royal decree of March 24, 1834, the Consejo de Castilla and the Consejo de Indias were amalgamated. In place of these was created theNote 18 · It became the practice in later years to reward successful colonial administrators, including viceroys, governors, and magistrates, with memNote 19 · Recopilación, 2–15–2 to 14; see Danvila y Collado, Reinado de Carlos III, III, 151–157. No attempt is made here to indicate all subsequent cNote 20 · Oidor, a ministro togado who heard and sentenced civil suits in an audiencia (Escriche, Diccionario, II, 661). In this treatise the Spanish Note 21 · The original cédulas refer to this audiencia as La Audiencia Real de la Nueva España—see Puga, Provisiones, cédulas, f. 7.Note 22 · Zamora y Coronado, Biblioteca, I, 452; I, 483–486; Martínez Alcubilla, Diccionario, VIII, under “Justicia”. See also Danvila y Collado, ReinNote 23 · By the royal decree of May 23, 1879, the audiencias at Havana and Manila were each given a civil and criminal sala and a fiscal was providedNote 24 · Recopilación, 2–15–1.Note 25 · See Professor Shepherd’s brief description of the governmental machinery of Spain’s colonies, in his Guide to the materials for the history Note 26 · Recopilación, 2–15–17.Note 27 · Ibid., 2–15–2. Although the Recopilación and Danvila y Collado (cited in note 19) give the date of the establishment of the Audiencia of SanNote 28 · Ibid., 2–15–3. For the exact limits of this audiencia see Puga, Provisiones, cédulas, ff. 12–13; 47–48, and Hackett, “Delimitation of politiNote 29 · Ibid., 2–15–13, 14, 15.Note 30 · Ibid., 5–1–2, 3; 2–15–4, 12.Note 31 · Ibid., 5–1–16.Note 32 · Zamora y Coronado, Biblioteca, I, 486–487. The following will give some idea of the size and rank of the respective audiencias of the SpanisNote 33 · Solórzano y Pereyra, Política Indiana (Madrid, 1647). This was the first great general work on the political institutions of the Indies, andNote 34 · See Chapter X of this book.Note 35 · Recurso de fuerza, see footnote 3, Chapter XI of this work.Note 36 · The origin and nature of the acuerdo is explained in Chapter VI, note 78, of this book; see also Chapter III, note 37.Note 37 · The oficiales reales consisted of the tesorero (treasurer), contador (accountant) and factor (disbursing officer and supply agent). See RecoNote 38 · Bull of the Santa Cruzada, the apostolic bull by which the popes conceded certain indulgences to those who went to the conquest of JerusalemNote 39 · Solórzano y Pereyra, Política Indiana, II, 271–279.Note 40 · The first attempt at the codification of the laws for the governing of the colonies was made in New Spain in 1545, when the ordinances for tNote 41 · Altamira, Historia, IV, 165–166.Note 42 · Recopilación, 5–2–2, 3, 7, 15, 19, 28. In this case a local military functionary.Note 43 · Ibid., 37, 39, 41; Moses, Establishment of Spanish Rule in America, 83–84; Vander Linden, L’expansion coloniale de l’Espagne, 345–361.Note 44 · Repartimientos or polos; referring to the forced labor of natives on public works, such as ship and road-building. The provincial officials Note 45 · Cartas y expedientes de gobernadores de Durango, (1591–1700), Archivo de Indias, Sevilla, [hereinafter cited as A. I.,] 66–6–17, 18 (these nNote 46 · This was true of San Luís Potosí and Guadalajara in New Spain. See Bancroft, History of Mexico, III, 520; History of Central America, I, 297Note 47 · Bancroft (History of Central America, I, 297) defines the corregidor as a magistrate with civil and criminal jurisdiction in the first instaNote 48 · The purpose of the present chapter is to emphasize the fact that, these institutions which had served in Spain, and were still in process ofNote 49 · In accordance with the terms of the concession made by the Catholic Monarchs at Santa Fé on April 30, 1492, Columbus was given the title of Note 50 · In 1507, the towns of Española petitioned the king for the same privileges and forms of government as were possessed by the towns of Spain. Note 51 · inasmuch as the kingdoms of Castile and of the Indies are under one crown, the laws and the order of government of one should be as similar Note 52 · In 1511, a tribunal of independent royal judges was constituted in the colony of Española to try cases appealed from the town magistrates anNote 53 · Before proceeding with a description of the growth of the audiencia system, it is desirable, first, to note the establishment in Spain of twNote 54 · As established in 1503, the Casa de Contratación consisted of a treasurer, auditor (comptroller), and factor.10 That the institution flourisNote 55 · The beginnings of the Council of the Indies may be noted in the creation of a special committee of the Council of Castile for the supervisioNote 56 · It is our royal will that the said council shall have the supreme jurisdiction in all our occidental Indies ... and of the affairs which resNote 57 · The Council of the Indies, as established in 1524, consisted of a president, a high chancellor, eight members who were lawyers, a fiscal, twNote 58 · The unqualified success of the Audiencia of Santo Domingo, both as a tribunal of justice and as an administrative organ, led to the general Note 59 · Santo Domingo, created September 14, 1526, consisting of a president, four oidores,20 and a fiscal.Note 60 · Mexico,21 created November 29, 1527, consisting of two chambers or salas, a criminal and a civil, a president, eight oidores, four alcaldes Note 61 · Havana, created September 26, 1835, reorganized June 16, 1838, to consist of a regent, four oidores, and two fiscales.22Note 62 · It will be noted that the audiencias of Mexico and Lima contained the greatest number of magistrates. They were divided into two salas, a ciNote 63 · there are founded twelve royal audiencias and chanceries ... in order that our vassals may have persons to rule and govern them in peace andNote 64 · Many changes were made in the territorial jurisdiction of the various audiencias. The audiencias of Lima and Mexico, in addition to their juNote 65 · The first seven audiencias were founded by Charles V. Three were created by Philip II. The audiencias of Santiago de Chile and Buenos Ayres Note 66 · Territorially, the audiencias of Santo Domingo, Mexico, and Lima were the nucleii from which and around which most of the other audiencias wNote 67 · The audiencias of Guadalajara, Santiago de Guatemala, and Manila all set definite limits to the jurisdiction of the Audiencia of Mexico. TheNote 68 · Cuba was early divided into two districts under the rule of captains-general, those of Havana and Santiago de Cuba.31 By cédula of February Note 69 · Before proceeding with a study of the powers and duties of the colonial audiencias, it would be well to compare them, as to extent of jurisdNote 70 · The colonial audiencias were instructed to guard the royal prerogative, and were authorized to try all persons accused of usurping the royalNote 71 · Although viceroys and governors were granted special jurisdiction over administrative matters, they were authorized to call upon the acuerdoNote 72 · It is desirable to point out in this connection that all the colonial audiencias utilized the same law in common. Cédulas, edicts, and decreNote 73 · Much the same intercourse and relations existed between these officials in the colonies as had been characteristic of the similar ones of SpNote 74 · These chiefs of provinces were responsible to the audiencias in matters of justice and to the viceroys or captains-general in administrativeNote 75 · The provincial governors also had certain military duties. In the northern provinces of New Spain they had charge of defense, with responsib
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