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
Much contradictory legislation appears in the laws of the Indies
relative to the method of taking residencias; this due to the
reforms made from time to time. These laws were formulated for a
growing empire. A chronological review of them will show that the
residencia was at first more or less of an experiment. Indeed, all
the colonial institutions were in the early periods passing through
an experimental stage and these seemingly contradictory laws were
promulgated or repealed, according to their success or failure when put
into effect. Whenever, therefore, two laws appear to be in conflict,
the one of later date will be found to supersede and repeal the earlier
one. [231] In illustration of this characteristic of the laws of the
Indies we may note the following example: The cédula of December 4,
1630, ordered that the residencia of the governor should be taken
by his successor. This law was seldom, if ever, observed. Owing to
the distance from Spain and New Spain, and the consequent length
of time consumed in voyages, to the unhealthful climate, and to the
dangerous military campaigns in which the governors were compelled
to engage, death frequently intervened before the successor of a
governor arrived. These conditions (which were characteristic of
all of Spain's colonies) did not prevent the residencia from being
taken, but caused the law to be modified by the cédula of December
28, 1667, according to which judges for the residencias of viceroys
and presidents-governor and captains-general were to be designated
by the court. The period of four months, which had been authorized
for the taking of residencias by the cédula of August 30, 1582, was
extended to six months. [232] A change was necessary, the new law
declared, in order to put a stop to the incessant strife, and the
malice which had been shown by viceroys, governors, and ministers in
the taking of residencias. The king determined that henceforth the
judge of residencias should be designated by the court. The magistrate
usually named was the decano. After 1776 the regent almost invariably
conducted these investigations. The important reform of August 24,
1799, ordered that judges of residencia for governors, viceroys,
presidents, governors-intendant, corregidor-intendants, and presidents
of the Council of the Indies should be appointed by the king. [233]
The first residencia to be conducted in the Philippines in accordance
with the new law of November 28, 1667, was that of Governor Salcedo,
in 1670. This governor had been removed by the commissary of the
Inquisition on October 10, 1668, and Francisco Coloma, the decano,
was ordered to take his residencia. [234] Coloma's intervention in the
matter was protested by the audiencia in a letter to the Council of the
Indies, dated April 7, 1670, on the grounds that the senior oidor was
also the asesor and possible successor of the governor, and for that
reason he was disqualified from taking the latter's residencia. [235]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account