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 irregularities and inconveniences arising from the inefficacy
of the law of 1608 led to the promulgation of the cédulas of January
30, 1635, and of April 2, 1664, and to the enactment of the consulta
of September 9, 1669. These regulations applied exclusively to the
Philippines, and they legalized the intervention of the audiencia
in governmental affairs on the death of the governor. The first of
these admitted the right of the audiencia to administer political
affairs, but ordered that military defense should be in the hands
of a person appointed in advance by the Viceroy of New Spain. The
cédula of April 2, 1664, ordered that the audiencia should serve
temporarily during vacancies in the governorship until the temporary
appointee of the viceroy should arrive. This law further prescribed
that the audiencia should assume charge of political affairs while the
senior magistrate should take over the military command. He was to see
that the forces and defenses of the Islands were adequately kept up,
and that the soldiers were disciplined; he was authorized to command
them in case of insurrection or invasion. The consulta of September
9, 1669, above referred to, re-enacted the cédula of April 2, 1664,
but in addition it specifically ordered that the viceroy should not
designate a temporary governor until news of the death of the regular
incumbent was received, and then that no resident or native of the
Philippines should be appointed. [599]
The Council of the Indies, by the law of September 29, 1623, had
already sought to guard against any undue assumption of power on
the part of the audiencia by ordering that when the viceroy was
absent from the capital city, but within his own district, he should
still retain his status as governor, and neither the audiencia nor
any of the oidores should interfere in governmental affairs. [600]
This law was not applicable to the Philippines alone, but it was of
general validity, throughout Spain's dominions. The control of the
audiencia in governmental affairs was only to become effective when
the governor was absent from the colony, or incapacitated through
sickness or death. Otherwise the governor's sphere of authority was
to be recognized by the tribunal.
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