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
In view of the fact that the next important law dealing with
the question of the succession was not promulgated until 1600,
a continuance of this survey of affairs in New Spain will not be
necessary. The audiencia there did not again assume the government
until 1612, and then only for a very short period. We have already
noticed the conditions under which the Audiencia of Mexico was
created, and the various occasions on which it assumed charge
of the government. Though entrusted with the government upon its
establishment, the example set by three years of its unsatisfactory
rule convinced the Spanish monarch of the unwisdom of entrusting such
governmental authority to the audiencia permanently. Therefore, a
viceroy was sent out in 1535, and it was not until 1563 that the first
law was promulgated which provided for the temporary government by
the audiencia when there was a vacancy in the office of viceroy. This
was thirteen years after such a law had been promulgated for Perú,
and fourteen years after an audiencia had been created, with all the
functions of government, at Santa Fé de Bogotá.
The cédula of February 12, 1569, following in sequence that of March
5, 1550, provided that the faculty of filling vacancies among the
oficiales reales, in case of death or removal from office, should
rest with the viceroy, president, or the audiencia, if the latter
body were governing. [594] This, of course, was a recognition of the
principle of the assumption of the government by the audiencia. This
law was not confined in its application to any particular territory,
but was general in its scope and applicable wherever an audiencia
existed. It was later confirmed by the cédula of August 24, 1619. [595]
The next law dealing with the subject of succession was promulgated on
January 3, 1600. It applied especially to New Spain, and it provided
that in case of a vacancy in the office of viceroy, either by death or
by promotion, the audiencia should assume charge of the government of
the provinces there, and it should execute the duties which ordinarily
devolved upon the viceroy, performing them "as he could, would and
ought to do." It furthermore ordered the subordinate Audiencia of
Guadalajara, under such circumstances, to obey and fulfill the orders
which the Audiencia of Mexico might give or send, in the same manner
as it would do, were those orders issued by the viceroy. [596] Under
a separate title on this same date the assumption of the government
of the minor dependencies of Perú and New Spain by the respective
audiencias was authorized in case of the illness or absence of the
viceroy. In other words, this law authorized in New Spain the same
procedure in case of the death or absence of the viceroy as had
already prevailed in South America for half a century.
Public-domain text, read in full here on John Shaqi.
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