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.[18] 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.
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.[19] 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.[20]
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.[21]
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.[22] 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.
A variety of laws exist in the Recopilación prescribing the duties and conduct of the audiencia when it had charge of governmental affairs, and defining the relationship which should exist between the oidores under such conditions. The magistrates were ordered to proceed harmoniously and moderately both in the execution of governmental affairs and in the administration of justice, not erring either on the side of excessive severity, or of undue moderation. They were to devote special attention to the increase and care of the royal revenue during these times.[23] The right to grant encomiendas, essentially the function of the governing authority, was conceded to the audiencia when it acted in the capacity of governor. All such concessions ultimately had to be confirmed by the king. On these occasions, also, the audiencia filled vacancies and made appointments. However, the oidores were warned against discharging officials and vacating offices in order to fill them with their dependents and friends.[24] All appointments made by the audiencia were to become void after the arrival of a regular governor, unless they had subsequently received the royal confirmation. When a vacancy arose, it was the duty of the senior magistrate to propose a candidate, but the actual filling of the place was to be effected by the acuerdo vote of the entire audiencia.[25]
The laws provided that the audiencia, as a body, should exercise two distinct types or classes of powers when in charge of the government. These were designated as governmental and military. The exercise of these functions was assigned respectively to the audiencia as a body, and to the senior magistrate, individually. While an effort was made to insure the fair and equal participation of all in government in case of a vacancy, the senior magistrate assumed the position and honors of the executive, though not granted all the governor’s powers.[26] In the functions and duties of administration all the magistrates were to participate. As noted above, each was to have a share in the exercise of the appointing power, the administration of colonial finances, participation in the acuerdo, and in every other function except defense, which was entrusted to the senior oidor. In this capacity, the oidor was always the most prominent figure in the government. Among those who distinguished themselves through the exercise of this power were Rojas, Morga, Alcaraz, Bónifaz, Coloma, Montemayor, and above all, Anda. Although these men were assisted and supported by their colleagues of the audiencia, and the parts played by the latter were not without importance, the periods of rule of the audiencia are always identified with the names of the senior oidores, while those of the ordinary magistrates are forgotten.
A complete understanding of the governmental functions and authority of the audiencia, and the relation of the latter to the other departments of government under these conditions may best be obtained by a review of the circumstances and conditions of the audiencia’s rule during vacancies in the Philippines. The first occasion which in any way approached the temporary rule of an audiencia in the Philippines was in 1593, after the murder of Governor Gómez Pérez Dasmariñas. Pedro de Rojas, who had been a magistrate of the audiencia when it was suppressed in 1589, was at that time sole judge, with the additional rank of lieutenant-governor and asesor, standing next to the governor in authority.[27] After the death of Gómez Pérez Dasmariñas, Rojas had occupied the governor’s chair less than a year when he was succeeded by the deceased governor’s son, Luís Pérez Dasmariñas, who became governor on the authority of a royal order found among the papers of his father, whereby he was given the power to name his successor.[28] His tenure seems to have been only temporary, however, for as soon as news reached the court of the death of the elder Dasmariñas, Francisco Tello de Guzmán was appointed permanent governor and an audiencia was sent to the Islands, arriving at Manila in 1596.[29] Meanwhile Rojas was succeeded as lieutenant-governor and asesor by Antonio de Morga. According to Montero y Vidal, Dasmariñas turned over the government to Morga in 1595, but it is more probable that Morga assumed the temporary governorship when Dasmariñas was in Cambodia and elsewhere fighting against the Dutch. In fact, this conclusion is confirmed by Zúñiga.[30] At any rate, Morga administered both governmental and military affairs on several occasions when the various governors were absent from the Islands, engaged in expeditions of conquest.
On the suppression of the audiencia in 1589, the administration of justice remained entirely in the hands of the lieutenant-governor and asesor. This position was first occupied by Rojas, and later by Morga, who succeeded to the same judicial duties and enjoyed the same prerogatives as had formerly belonged to the audiencia. In the absence of the tribunal, therefore, they assumed functions which elsewhere were carried out by the audiencia on the death of the governor or viceroy, partly because they had taken the place of the audiencia, and partly because they were lieutenants-governor. After the audiencia was re-established in 1598, Morga continued in charge of military affairs when the governor was absent or dead, while the audiencia administered the government, not by virtue of any laws relating especially to the Philippines, but seemingly because this was the general practice in all of Spain’s colonies. Morga’s defense of Manila against the Dutch in 1600 has been referred to in an earlier chapter.
Not only did the audiencia do much in defense against outside enemies at this time, but it carried on offensive operations against them in the Moluccas after the deaths of Governors Tello and Acuña. The Japanese who were residing in the city also caused trouble, and the audiencia was under the necessity of taking repressive measures against them.[31] In 1606, while Governor Acuña was absent from the colony, the fortification of Cavite, the equipment of a fleet and the defense of the city were undertaken and carried out successfully by Oidor Almansa.[32] Then on the death of Governor Acuña the audiencia succeeded to the government and it managed affairs from June 24, 1606, to June 15, 1608, with Almansa in charge of military affairs.
The various governmental matters with which the audiencia concerned itself during this period are shown in a memorial which it sent to the king on July 6, 1606. After reporting the death of Governor Acuña, and its succession to the government, the audiencia took up questions of finance and commerce. It stated that the money in the treasury was insufficient for the necessary expenses of the colony, owing to the extraordinary outlays which had been necessary to defray the costs of the wars and expeditions which had been undertaken at this time. The audiencia suggested that the galleon returns be increased from 500,000 to 1,000,000 pesos a year. It was pointed out in this connection that the total cost of transporting goods from Manila to Acapulco, including freight and duty, aggregated thirty per cent of their value, leaving to the merchants a profit of only 350,000 pesos. The oidores admitted that this arrangement might have been ample and satisfactory when the colony was small or when there was peace, but at that time, when the inhabitants of the colony had been forced to expend so much of their revenue for defense, a larger return was necessary.[33] Further recommendations were made regarding commerce and the management of the galleons. It was said that their great size encouraged smuggling; in order to avoid this, and at the same time to contribute to the revenues of the colony, it was urged that the ships should carry cargo to the limit of their capacity, instead of being restricted to an insufficient amount. Large reductions of salaries of ships’ officers, soldiers, and sailors were urged. The oidores did not think it advisable to forbid the crews and officers of the galleons to trade, however, since their interest in the cargo would encourage them to be obedient and loyal.[34] The audiencia concluded its memorial with an appeal for the reform of the freight and customs charges on the galleon. The abolition of all fixed duties was recommended; instead, it was suggested that these duties be graduated to meet the regular expenses of the colony as they were incurred year by year. This recommendation was made on the basis of the theory that duties should not be levied for the benefit of the king’s exchequer, but only for the support and maintenance of the merchants and inhabitants of the colony.[35] This memorial would seem to indicate that the audiencia, when acting in the capacity of governor, exercised considerable authority and assumed entire responsibility for the commercial and financial affairs of the colony.