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
The most extensive non-judicial activity in which the audiencia
participated at any time was its assumption of the provisional
government of the colony during vacancies in the governorship. Aside
from the ten different occasions on which this was done, the audiencia
very frequently assumed control of the government when the exigencies
of defense and foreign conquest rendered necessary the temporary
absence of the governor. This was true at irregular intervals during
the administrations of Governors Pedro Bravo de Acuña (1602-1606),
Juan de Silva (1609-1616), Juan Niño de Tavora (1626-1632), Sebastián
Hurtado de Corcuera (1635-1644) and Diego Fajardo (1644-1653). The
administrations of these several governors were characterized by
extensive military operations, largely in a foreign field, and the
audiencia not only took over governmental affairs but it assumed
the obligations of defense during their absence. On such occasions,
of course, the tribunal retained its exercise of judicial functions.
Since the audiencias in Perú and New Spain assumed the government
much earlier than did the audiencia in the Philippines, and as the
laws authorizing the rule of the audiencia were promulgated first to
meet conditions in those viceroyalties, it seems advisable to inquire
into the circumstances surrounding the establishment and development
of this practice there. Having done this, we shall proceed to a study
of the ad interim rule of the Audiencia of Manila, noting particularly
the causes of the success or failure of its administration and the
effect of this practice upon the subsequent relations of the audiencia
and the governor.
The first law in the Recopilación authorizing the assumption of the
government by an audiencia was promulgated as early as March 19,
1550. This law provided that in case of a vacancy in the office of
Viceroy of Perú, the audiencia there should succeed to the governments
of Perú, Charcas, Quito and Tierra Firme, and that the three last-named
subordinate audiencias should obey the mandates of the Audiencia
of Lima until a permanent successor to the viceroy was named. [579]
This law was proclaimed again on November 20, 1606.
Public-domain text, read in full here on John Shaqi.
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