The Audiencia in the Spanish Colonies.

by Charles Henry Cunningham.

PREFACE

It seems proper to say at the outset that a general study of the Spanish colonial system convinced me of the need of an extended investigation of the audiencia, which was the central inst.i.tution in the colonies. It was, however, the circ.u.mstance of my being situated in Manila for some years and thus having at my disposal the original doc.u.ments bearing upon the history of the audiencia which was situated there that led me to study this particular tribunal. At first sight it may appear that something of direct applicability to Spanish-American conditions, which would have been gained by the study of the Audiencia of Mexico, or Guadalajara, or Lima, has thus been lost. Nevertheless, if it is borne in mind that the audiencia system was common to all the Spanish colonies, and that the laws by which it was const.i.tuted and regulated applied to the different political divisions of America as to the Philippines, the a.s.sumption will not seem wholly unjustified that the Audiencia of Manila may be taken as a typical legal and political inst.i.tution.

A large part of the time expended in collecting the materials upon which this book is based was spent in the various depositories in Manila. The most notable group of doc.u.ments there is to be found in the Philippines Library, and it is with pleasure that I express here my obligations to Dr. James Alexander Robertson, the librarian; for not only did Dr. Robertson place at my disposal all the resources of the library, but he contributed generously from his adequate knowledge of Philippine history and afforded continual inspiration during the course of my labors in Manila. I am also deeply conscious of the a.s.sistance so kindly rendered by Don Manuel Artigas, chief of the Division of Filipiniana, and by Don Manuel Yriarte of the Philippine Archive.

In addition to research in the Philippines Library, the Philippine Archive, and the Audiencia Records in Manila approximately three years have been spent in the archives of Spain. The main centre of my work, of course, has been the Archive of the Indies at Seville, where I was given free access to all the available materials, and every facility was extended to me by the chief of the archive, Don Pedro Torres Lanzas, and by his obliging a.s.sistants. I am also indebted for many courtesies to Don Miguel Gomez de Campillo of the National Historical Archive at Madrid, and to Don Juan Montero, chief of the archive at Simancas.

The object of this prefatory note would not be achieved if I failed to express adequately my acknowledgment to my teacher and friend Professor Frederick J. Teggart, of the University of California. His inspiration led me to appreciate the importance of inst.i.tutional studies; his continued encouragement has helped me over the hard places in the work; and I am conscious now of the extent to which he has sought, by vigilant criticism, to guard me against precipitateness. I am indebted to Professor Herbert Bolton for valuable aid and for advice in the final presentation of the ma.n.u.script; to Dr. Charles Wilson Hackett for a systematic revision of the Bibliography and of the footnotes; to Professor E. C. Barker for advice and a.s.sistance; to Professor W. R. Shepherd and Professor Francis S. Philbrick for their criticism of portions of this book; and to Messrs. A. H. Allen and Morse A. Cartwright of the University of California Press for their many manifestations of courtesy and patience in the supervision of its publication. To Professor H. Morse Stephens of the University of California and to the generous order of the Native Sons of the Golden West I am indebted for the rare opportunity of two years of foreign residence and research in the various archives of Spain.

Finally, my greatest indebtedness is to my wife, who has cheerfully given up the pleasures and conveniences of life among friends in home surroundings to accompany me to less pleasant places, in order that I might succeed in the work which I have undertaken.

Charles H. Cunningham.

INTRODUCTION

The audiencia was primarily a judicial tribunal. It has been considered almost entirely as such by these modern historical writers who have referred to it in pa.s.sing. Its legislative, administrative, executive, and ecclesiastical functions have received little attention. This may be owing to the fact that little or no doc.u.mentary study of the audiencia has heretofore been made. A great deal of attention has been devoted in this book to the non-judicial functions of the audiencia. A chapter has been given, indeed, to its purely judicial activities, but the chief purpose of this investigation has been to show that the audiencia was more than a court of justice, and to bring out its governmental and ecclesiastical functions.

This study will be confined, chronologically, to the period extending from the time of the creation of the audiencia, at the close of the sixteenth century, to the end of the eighteenth. This limitation is advisable, first, because the vastness of the subject requires it, and second, because the audiencia became more concerned with judicial and less with administrative, political, and economic affairs through the const.i.tutional changes which were made at the close of the eighteenth and at the beginning of the nineteenth centuries. The audiencia thus loses its interest, from our present viewpoint, after the eighteenth century. Again, it may be said that owing to the loss of colonies by Spain in the early nineteenth century, and the general anarchy that prevailed after 1810, a continuation of an intensive study beyond that period would be without value because its subject-matter would be no longer characteristic.

In a.s.suming that the Audiencia of Manila was typical of all the audiencias in the Spanish colonial system, it is not claimed that the tribunal in the Philippines was identical in every function and detail with those of the other colonies of Spain. It is no doubt true that local conditions brought about p.r.o.nounced differences and that each audiencia had its own local characteristics and powers, which differed from those of the others. The subject is so vast, however, and the research required for a comparative study of all these inst.i.tutions would be so extensive that it would occupy more than a lifetime to complete it.

The main interest of this investigation does not lie in the organization, the scope, nature, or detailed powers of the audiencia as an inst.i.tution of the Philippines, but in its larger relation to the general field of Spanish colonial history and government. It applies to the entire field of Spanish colonial administration. It is related to the government of Peru, New Spain, Cuba, and other colonies wherein there were audiencias, and where functions similar to those of the Manila tribunal were exercised. The establishment of all these audiencias was part of the same movement, and the act of their creation was the product of experience gained in Spain through efforts at centralization there. The audiencias of the colonies were alike dependent on the Council of the Indies; common inst.i.tutions and departments of government existed in Spain for the control and regulation of the tribunals of the colonies. All were of equal judicial rank before the Council of the Indies, and cases appealed to the latter from the several audiencias were treated in the same manner and considered as having equal rank and importance. The general powers and attributes of these audiencias were prescribed in the same code, the Recopilacion, and general laws and cedulas of reform were expedited from time to time and sent to the tribunals of all the colonies. Such is the basis, therefore, of the claim that this is in reality a study of the audiencia as an inst.i.tution, ill.u.s.trated particularly by the history of that of the Philippines.

A study of the audiencia of any colony is concerned with all of the problems that came up in its life--with legal, political, ecclesiastical, and social conditions. It will be seen that the audiencia was the one tribunal which regulated, checked, and often controlled both church and state in the colonies; it represented the king, and its duty was to see that the royal commands were obeyed; it was the royal audiencia. Isolated as were the officials of the Philippines, in those distant seas, removed from any but the most remote influence of the home government, beset on all sides by hostile forces, and dependent on themselves alone, conditions there present an especially favorable field wherein to note the ultimate possibilities of the authority of the audiencia. It is the design of this treatise to examine conditions in the Philippines under the aspects noted, and to a.s.sign them their place in the history of Spanish colonization. The investigation of what was, beyond doubt, the most important and many-sided inst.i.tution in the Spanish administration of the Philippines provides a means of approach to that larger field of study.

A survey of the Spanish colonial system or a study of the government of any one colony will reveal the fact that political life and power there were vested chiefly in three inst.i.tutions. Upon these the peace, prosperity and security of each colony largely depended. These inst.i.tutions were the audiencia, the office of viceroy, or captain-general, and the church. By means of the two former the royal interests in the colony were represented, and through the latter one of the chief aims of Spain's colonial system was effected, namely, the conversion of infidels and the subsequent care of their souls. The church added to its own power in various ways. No study of Spanish colonial inst.i.tutions would be complete which failed to consider the church as a political power. It is to a consideration of these three chief factors of colonial government, and their interrelation, that this study will be dedicated. After a review of the circ.u.mstances surrounding the establishment of the Audiencia of Manila, we shall devote ourselves to a detailed study of the audiencia itself. We shall first notice the audiencia's judicial functions as a court of ordinary justice and secondarily as a court of residencia. The second part of this section will be concerned with the semi-judicial and administrative functions of the audiencia.

The t.i.tle of captain-general was primarily of military significance, and it was exercised alike by viceroys and governors; the official designation of the former being "my viceroy and captain-general"

and that of the latter being "my governor and captain-general." Not all governors were captains-general.

The viceroys in the larger divisions and the captains-general in the smaller ones represented the king as head of the church and state in their several districts. Because these officials were so powerful and their duties so mult.i.tudinous, they came into contact with every department of the government. The audiencias came into relation with these officials most frequently. It is therefore necessary to study the governor and captain-general first from the viewpoint of his position as chief executive of the colony and as representative of the king. The frequency of their relations and the ident.i.ty of their spheres of authority suggest that we give attention to the conflicts of jurisdiction of the governor and audiencia; finally, we shall take note of the occasions on which the audiencia a.s.sumed the government on the event of a vacancy, noticing the laws authorizing such action and the principles underlying them.

The importance of the church in the Spanish colonial system has already been alluded to. The extent of its power and the frequency and importance of its relations with the audiencia demand considerable attention. After studying the general phases of the relations of the audiencia and the church, we shall see that the tribunal exercised ecclesiastical authority of a very p.r.o.nounced character. This power it derived from two sources: first, from the authority that was entrusted to it by virtue of the royal patronage; second, from its status as a court of justice with jurisdiction in ecclesiastical affairs similar to that which it had as an ordinary tribunal of justice. The above is an outline of the plan of this book.

That which impresses the modern student most with regard to Spanish administrative machinery was its failure to effect deliberately the division of powers which, with our traditions, we consider essential to a well-balanced government. The terms "executive" and "judicial"

are employed in this book, as they were in Spain's colonies, to designate functions rather than departments. The viceroy, as president of the audiencia, had cognizance of certain judicial matters, and more or less partic.i.p.ation in them, though he was forbidden to act as judge, especially over affairs in which he had already officiated as executive. The audiencia likewise shared many executive functions, yet it was not judge of its own acts, for when judgment was pa.s.sed on the administrative acts or judicial p.r.o.nouncements of an oidor, either on appeal or by review of sentence, that magistrate was expected to retire, or to be occupied with some other case. So, while there was no judicial department with solely judicial functions, or a legislative or executive department, as they are known in some modern states, there existed certain interrelations which did not entirely result in confusion, as one might suppose. On the contrary, it may be often noted that as a resultant of this system, men and acts of an exceedingly well-balanced and statesmanlike character were produced. We shall see, moreover, that they were far from meriting the disapprobation that is frequently heaped upon so-called Spanish governmental incapacity.

The defects which appear so conspicuous in Spanish administration were largely due to the extremely methodical turn of the Spanish official mind, the vastness of the empire which was to be governed, and the lack of facilities available for efficient administration. It was a government of expedientes, literally a government on paper. All acts, estimates, budgets, and plans had to be drafted and written out, duplicates and triplicates of each report had to be made, advice had to be taken, and opinions rendered, whether the matter went any further than the theoretical stage or not. We do much the same in our modern age, but inventions and labor-saving devices have fortunately spared us much of the time and effort which a few centuries ago had to be expended to accomplish proportionate results. The apparent unwieldiness of the Spanish colonial empire would have been materially reduced by the use of the telegraph, cable, steamship, typewriter and carbon-paper.

An effort has been made that this should be something more than a theoretical dissertation. A knowledge that certain laws were promulgated is only half of what is necessary in a study of this character. It is imperative to understand how these laws were applied, and whether they were efficiently and effectively carried out. Every phase of the audiencia's history has, therefore, been ill.u.s.trated wherever possible with one or more concrete cases, taken from actual practice. Many of these ill.u.s.trations are comparatively insignificant by themselves, involving persons of no historical importance and concerning matters of a seemingly trivial nature. Nevertheless, it has been necessary to consider these matters carefully because they were typical and true to actual conditions, and because they reveal better than anything else could the affairs which were the concern of the audiencia, showing the part played by the tribunal in the life of the colony.

In the preparation of this work due deference has been paid to the standard authorities usually cited by writers of Spanish-American history. So little attention has been given by students of Spanish colonial history to the audiencia as an inst.i.tution, however, that the present writer has been obliged to depend almost entirely on the hitherto untouched doc.u.mentary material in Spain and the Philippines, and to place almost his sole reliance upon it. This material consists of laws, cedulas, royal orders, ordinances, correspondence, and lastly, but most important, records of cases and actual happenings in the form of letters, memorials, reports, complaints and contemporary accounts. These latter convey, as nothing else can, an idea of how the laws were carried out, what was their effect, what part the audiencia played in the interpretation and execution of the law, and the relations of the tribunal to the other authorities and inst.i.tutions of government. Of this sort of material there is much, and in its light the history of the Spanish colonies and of their inst.i.tutions yet remains to be written.

CHAPTER I

THE AUDIENCIAS OF THE SPANISH COLONIES

The Spanish system of colonial administration was an adaptation beyond the seas of fundamental administrative, judicial and ecclesiastical inst.i.tutions 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 inst.i.tutions of government which had proved successful at home.

The purpose of the present chapter is to emphasize the fact that, these inst.i.tutions which had served in Spain, and were still in process of development there, were utilized in all of the colonies. The Philippine audiencia, which will be more particularly studied in subsequent chapters, was not a rare and isolated exception, but rather an integral part of a great administrative system. [1] This will more clearly appear from a sketch of the early development of colonial administration.

In accordance with the terms of the concession made by the Catholic Monarchs at Santa Fe on April 30, 1492, Columbus was given the t.i.tle of "Admiral, Viceroy, and Governor of the Undiscovered Lands and Seas of the Indies." [2] He was likewise entrusted with the duty of proposing three candidates for the government of each colony, and from these three names the king was to select one. It was further provided that the alcaldes and alguaciles for the administration of justice should be named by Columbus, and that he should hear appeals from these minor judges in second instance. This is a brief outline of the first government and judiciary provided for the New World. It is improbable that this arrangement was the product of any great amount of study or reflection. It was formulated before the New World had even been discovered, and this scheme, as well as the conditions of commerce and tribute which went with it, were largely proposed by Columbus, and acceded to by the Catholic Monarchs without antic.i.p.ation of the tremendous consequences which were to come from that voyage of discovery and those which were to follow it.

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.

In 1507, the towns of Espanola pet.i.tioned the king for the same privileges and forms of government as were possessed by the towns of Spain. The request was granted, and munic.i.p.al rights were bestowed upon fourteen towns. These concessions included the privilege of electing their own regidores and alcaldes ordinarios [3] and the rights of local legislation and administration of justice. The principle was subsequently enunciated that,

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 to and as much in agreement with the other as possible; our royal council, in the laws and establishments which are ordered, must strive to reduce the form and manner of their government to the style and order by which the kingdoms of Castile and Leon are governed and ruled, to the extent that the diversity and difference of the lands and nations permit. [4]

In 1511, a tribunal of independent royal judges was const.i.tuted in the colony of Espanola to try cases appealed from the town magistrates and the governor. [5] This judicial body may be considered as the predecessor of the royal audiencia which was established fifteen years later. The organization and purpose of the tribunal were exactly similar to those of the courts existing in the frontier provinces of Spain before the establishment of audiencias. The chief reason for its creation was the need of checking the abuses of an absolute governor. This tribunal was composed of three magistrates, who were possessed of the licentiate's degree, designated as alcaldes mayores, and appointed by the king. They were empowered to hear and determine appeals from the governor and from his tenientes and alcaldes. [6]

These magistrates, acting collectively, became at once official organs for the expression of the needs of the colony in non-judicial matters, frequently presenting memorials to the Council of the Indies independently of the governor. [7] The crown had already a.s.sumed direction of the administrative and executive affairs of the colony of Puerto Rico, on August 15, 1509, by naming a special governor for that island. On July 25, 1511, Diego Colon, son of the discoverer, was named governor of Espanola, and of the other islands and of the mainland discovered by his father. This latter act of royal intervention did not confirm, but rather abrogated in practice, the claims of this same Colon to the inheritance of the provinces which had been given formerly to his father. This act maintained the pre-eminence and authority of the Spanish monarchs in these territories. [8] The further growth and development of the West Indian colonies, and especially the increasing Spanish population, called for the establishment of a more efficient tribunal of administration and justice. This need was met in the creation of the first audiencia in America, that of Santo Domingo, which was established September 14, 1526.

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 Leon, shows very clearly the natural influence of the early history and inst.i.tutions 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.

Before proceeding with a description of the growth of the audiencia system, it is desirable, first, to note the establishment in Spain of two organs for the administration of colonial affairs. These may be examined here conveniently, because their creation antedated the inst.i.tution of the audiencia in the colonies. The first, chronologically, as well as in importance, was the Casa de Contratacion, which was created January 10, 1503. [9] This essentially commercial body was intended at first to supervise the import and export trade of Spain with the colonies, and to arrange for the sale and distribution of imported articles, concessions of cargo to individuals, the lading and discharging of cargo, and the collection of duties. The functions of this body were soon amplified to the extent that it was given jurisdiction over emigration to the colonies. In 1509 it was granted further authority over certain criminal cases relating to trade, and in 1510, letrados were added to the tribunal of the Casa for the better determination of legal affairs.

As established in 1503, the Casa de Contratacion consisted of a treasurer, auditor (comptroller), and factor. [10] That the inst.i.tution flourished and increased in importance may be deduced from the reform of Philip II, on September 25, 1583, whereby the above mentioned officials were retained and a royal audiencia was created within the Casa. This was composed of three jueces letrados and a fiscal, besides the numerous subordinate officials who usually accompanied the judicial tribunal. [11] Though at first it exercised some of the functions which belonged later to the Council of the Indies, it came subsequently to be subordinate to that body. [12] It was transferred to Cadiz in 1717, and was suppressed by the royal decree of June 18, 1790. [13] its remaining attributions being a.s.sumed by the Consulado of Seville. [14]

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 supervision of administrative affairs in the colonies. This was eight years after the establishment of the Casa de Contratacion, when another need than the purely commercial, for which the Casa de Contratacion had served, began to be felt. [15] The inadequacy of the system devised by the Catholic Monarchs at Santa Fe had already become evident. The problems of administration in the colonies were making clear the need of a more effective system of regulation. Just as the number of suits to be tried before the old tribunal de la cort del rey had increased to such an extent that the king could no longer attend to them personally, so the problems of administration in the new colonies demanded more attention and regulation than could be provided by the administrative machinery at hand. The functions of this new tribunal, if it may be designated as such at this time, do not seem to have been clearly expressed at first, at least by any law or decree now at hand, but it appears that they were advisory rather than administrative. It soon became evident that a distinction had to be made between the prerogatives of this council and those of the Casa de Contratacion. During the early history of these two tribunals there was considerable conflict of jurisdiction between them. It is probable that until the reform of August 4, 1524, was promulgated, active supervision of colonial affairs was maintained by the Council of Castile, both the Casa de Contratacion and this new tribunal of the Indies acting under its direction. Charles V gave new life to the tribunal of the Indies on the above date by a.s.signing to it definite legislative and administrative powers, putting at its head Loaysa, the general of the Dominican order and his own confessor. The Council was further modified by Charles V in 1542, and by Philip II in 1571, in the following terms:

It is our royal will that the said council shall have the supreme jurisdiction in all our occidental Indies ... and of the affairs which result from them, ... and for the good government and administration of justice, it may order and make with our advice, the laws, pragmatics, ordinances and provisions, general and particular, ... which ... may be required for the good of the provinces ... and in the matters pertaining to the Indies, that the said our council be obeyed and respected, and that its provisions in all, and by all be fulfilled and obeyed in all particulars. [16]

The Council of the Indies, as established in 1524, consisted of a president, a high chancellor, eight members who were lawyers, a fiscal, two secretaries and a lieutenant chancellor. [17] All these were required to be of n.o.ble birth and qualified by experience and ability to carry to a successful issue the high responsibilities which they were called upon to discharge. [18] Besides there was a corps of accountants, auditors, copyists, reporters and clerks. The number of these last-mentioned functionaries was enormous, especially in subsequent years, when correspondence with twelve or thirteen different colonies was maintained.

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.