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The Audiencia in the Spanish Colonies

Note 58 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

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That the audiencia did not always try cases relating to the Indians with requisite promptness, is evidenced by the many and repeated letters of the king to the tribunal, to the fiscal, as protector of the Indians, and to the regent, chiding these officials for delay. On many occasions the royal zeal for justice in the treatment of the Indians, based on a lack of knowledge of the true nature of the Filipino, completely overruled all considerations of practicability and common sense. As an illustration of this, on June 20, 1686, certain natives of the province of Bulacán sent false evidence to the Council of the Indies; this testimony was taken in preference to that remitted by the audiencia, the decision of the latter body being reversed by the Council of the Indies. The audiencia refused to allow the execution of the new judgment; the oidores all offered to resign in protest, and the regent, at the risk of removal, reopened the case. It was proved by the testimony of a number of officials and by the confessions of the natives who had perjured themselves that the evidence upon which the Council had acted was false.58 A record of these proceedings was remitted to the Council and that tribunal promptly reversed its former decision.

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