Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.
Reading edition
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 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.
This law conceded that oidores might serve when other magistrates were not available.
As soon as Governor Marquina assumed office, he relieved the magistrates of the audiencia of all share in the administration of these monopolies, combining all these branches of real hacienda under the asesor above mentioned. On August 3, 1791, the audiencia protested against the acts of the governor, basing its claims to a continuance of authority on the cédula of March 20, 1790, by which the king had authorized the oidores to administer all the monopolies except tobacco.
The governor’s will prevailed, and the magistrates were deprived of the commissions which they had formerly held; these were given over to regular officials of real hacienda. Contentious cases, however, that did not pertain exclusively to finance were tried on appeal in the audiencia and that body exercised regular, but not special, jurisdiction in them thereafter.
One of the most important offices which the oidores were called on to perform was that of juez de difuntos. The duties of this office consisted largely in the administration of the funds and property of persons who died intestate, or without heirs in the colony. This work was entrusted to the colonial audiencia as a body in 1526, and any judge therein might be delegated from the tribunal for the adjustment of an estate.
This dispute, though brought for adjudication before the audiencia, was not settled by the tribunal. The evidence pertaining to the case was collected and referred to the Council on December 22, 1786. The cédula which finally disposed of the matter was issued May 4, 1794, in the following terms:
By this decree it was definitely established that the treasury officials should have precedence over the regular judges in the settlements of estates of officials and individuals against whom the royal treasury had claims. After the demands of the government were paid, those of private individuals might be settled, and it was ordered that the juez de difuntos, as the champion of individual claims, should always give precedence to the oficiales reales who represented the interests of the government.
The organization for the administration of these funds presented a complete hierarchy. The actions of the juez de difuntos were subject to review by the Audiencia of Manila. The funds from the Philippines were deducted from the subsidy at Acapulco, and forwarded to the Casa de Contratación of Seville (or the juez de arribadas at Cádiz, after 1790) by the juez de difuntos of Mexico. The heirs in Spain were then found, and the money transferred to them, less discounts covering costs of transmission to Spain. In case appeals were made from the decision or settlement of the juez de difuntos, the records of his proceedings in the case under consideration were reviewed by the Council of the Indies. The method of procedure there was to refer these documents and accounts to the Contaduría General, where all accounts for the Council were audited and settled, and the recommendations of that tribunal were accepted. The constitutional reforms of the nineteenth century gave the audiencia increased authority in the final settlement of these matters, and its decision was made final in practically all contentious cases, though, of course, final judgments involving heirs who were resident in Spain might still be appealed by them to the Council of the Indies or the Supreme Tribunal of Justice.
Apart from the extra duties and commissions already noted, the audiencia was utilized for a variety of purposes which are too miscellaneous to be classified, but too important to be omitted from this discussion. Duplicates of executive orders relating to subjects far removed from the jurisdiction of the audiencia as a court, were sent to it, with instructions that the tribunal take note of numerous matters, such as seeing that the laws were properly executed, observing the effect of reforms, and reporting on their availability and adaptability at various times and places. Copies of new laws relating to civil and ecclesiastical affairs were sent to the audiencia for its information.
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.
Besides the special duties of the oidores indicated in this chapter, there were others which will be described later in more detail. The residencia has been already treated. Other duties will be noted in connection with the relation of the audiencia and the governor. Some are more closely related to the religious and the ecclesiastical institutions of the colony, and merit special treatment in that connection. The audiencia, moreover, had extensive functions in relation to the commercial and economic life of the colony. A fuller comprehension of these numerous activities may be gained in the following chapters where they are discussed in connection with two of the most powerful factors in the colony’s life—the governor and the church.
Total property left 123,700 r.
Executor’s commission 741 r. 16 m.
Administration 1,237 r.
Expenses 123 r. 18 m.
Total deductions 2,102 r.
Balance to be distributed among heirs 121,598 r.
Two-thirds left to brother as per will 81,066 r.
One-third left to parents as per will 40,532 r.