The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
Besides his judicial authority the governor shared legislative
functions with the audiencia. We have noted in an earlier chapter
that the acuerdo passed ordinances for the domestic welfare and local
government of the colony. It prescribed rules and issued regulations
for merchants, encomenderos, and religious, in accordance with the
rulings for royal ecclesiastical patronage. The acuerdo developed
from the advisory power of the audiencia. The king in his first
decrees ordered the viceroys and presidents to consult with the
oidores whenever the interests of the government demanded it, [436]
and if necessary the opinions of the magistrates could be required
in writing. When an agreement was reached upon a given subject, they
voted in acuerdo and gradually that acuerdo came to have the force
of law. On many occasions the acuerdo prevailed over the governor's
will. There was no constitutional basis for this, and the acuerdo,
when it became a legislative function in passing ordinances and
overruling the governor himself, assumed prerogatives which were
never exercised by the audiencias of Spain. [437]
The laws of the Indies established the governor as the sole executive,
and forbade the audiencia to interfere with the government. [438]
The governor, occupied by his extensive administrative and military
duties, came to devote less attention to the judicial side of his
office, which was left almost entirely to the audiencia. So it
developed that the acuerdos in reference to judicial matters--the
establishment of tariffs and rules for their observance and the
dispatch of pesquisidores and visitors to the provinces, came in the
latter eighteenth and early nineteenth centuries to be increasingly
the concern of the audiencia. The authority of the tribunal in these
matters was recognized by the Constitution of 1812 and the reforms
made in pursuance thereof. [439]
In the same manner the acuerdo came to be recognized in governmental
and administrative matters. The enactments of these legislative
sessions of the audiencia were known as autos acordados. They
ultimately came to embrace a wide field. The audiencia passed laws for
the regulation of the provinces; it made rulings which the alcaldes
mayores and corregidores were to follow in the collection of tribute;
it prescribed their relations with the parish priests; it issued
regulations for the conduct of the friars and the ordinary clergy
relative to the royal patronage. Laws were passed for the encouragement
of agriculture and industry and the regulation of commerce. Rice,
tobacco and silk culture, the production of cinnamon and cocoanuts,
the breeding of fowls, the regulation of cock-fighting, cloth-making
and ship-building all came in for their share of attention in the
acuerdo. [440]
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