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 above laws form a precedent for the subsequent authorization of
the Audiencia of Manila to assume charge of the government on the
death of the governor. This authorization was given on April 12,
1664, but the Audiencia of Manila, like those of Mexico and Lima,
had already assumed the functions of the executive on four earlier
occasions, and the king, in the cédula of 1664, merely recognized,
with some qualifications, a practice which had been followed in the
Philippines for half a century. A cédula dated as early as September
13, 1608, had authorized the nomination in advance by the Viceroy of
New Spain of a resident of the Islands to assume the governorship on
the death of the regular governor. [597] The intention of this law
seems to have been to guard against the ills incident to a vacancy
in the governorship by an arrangement whereby some person should be
appointed in advance and thus be ready to assume the command without
delay. Whatever the royal intentions may have been, this law was never
effective in bringing about the benefits for which it was designed. In
fact, this particular provision met with general dissatisfaction
in the Philippines, and the audiencia, acting in accordance with
the custom observed in other parts of Spain's dominions, continued
to govern on the demise of the governor, ruling two or three years
on some occasions, until the arrival of a temporary governor, sent
from New Spain. So flagrantly was the prescribed method of procedure
violated in the Philippines that in 1630, Visitor Francisco de Rojas
y Ornate reminded the Council of the Indies of the existing law (that
of 1608) and recommended that henceforth on the death of a governor
the audiencia should have nothing to do with administration, but that
one of three persons secretly designated by the viceroy should take
over the government at once, thus eliminating all possibility of the
interference of the tribunal. [598]
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