[58] Concepción, Historia general. VII, 168 et seq.; see Lea, Inquisition in the Spanish dependencies. 299–318, and Cunningham, “The inquisition in the Spanish colonies; the Salcedo affair,” in the Catholic historical review, III, 417–445. The Salcedo affair will be more fully discussed in Chapter XI, of this book, which treats of the relations of the audiencia and the church; citations 60–72, Chapter XI.
[59] See Augustinians in Philippines, in Blair and Robertson, XXXVII, 235, 239, 269–273.
[60] Robertson, History of America, IV, 20. See Chapter VI, note 54, of this book.
CHAPTER IX
THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE
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.[1] This law was proclaimed again on November 20, 1606.
Even before the promulgation of the above law the audiencias of Lima and Mexico had assumed control of the government in their respective viceroyalties. Shortly after the death of Francisco Pizarro, the conqueror, an audiencia was sent to Perú, arriving at Lima in January, 1544, in company with Blasco Núñez Vela, the first viceroy. The rigidity and thoroughness with which this new executive enforced the New Laws which were entrusted to him met with the opposition of the residents of the colony, and the audiencia accordingly removed him from his position as viceroy and suspended the operation of the code referred to, assuming charge of affairs itself.[2] Its rule was brief, however, for on October 28, 1544, it invited Gonzalo Pizarro, the brother of the conqueror, into the city and turned the government over to him, proclaiming him Governor and Captain-General of Perú.