Note 3 — Chapter V · THE SEMI-JUDICIAL AND ADMINISTRATIVE FUNCTIONS OF THE AUDIENCIA.

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