Note 4 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

There were many laws regulating the relations between the audiencia and the governor, most of which will be noted in greater detail in a subsequent chapter. The most important were the laws which ordered that the viceroys of New Spain and Perú should leave to the audiencias entire jurisdiction over residencias, questions involving the marriage relation4 and the administration of property of deceased persons.5 A law especially referring to the Philippines ordered the Audiencia of Manila to abstain from interfering with the government of the Chinese in the Parián.6 This did not forbid the trial on appeal of cases relating to the Chinese, since in practice the audiencia had authority to take cognizance of such cases. Certain extra duties were required of the oldest oidor of the audiencia, who was known as the decano. He was given complete authority over the tribunal in the absence of the president. He might assign cases to the magistrates, designate judges for special duties and determine all matters relating to the interior organization and government of the tribunal. These functions were assumed, after 1776, by the regent, and the prerogatives of the office of decano became merely nominal, except when the regent was absent. In audiencias whose size permitted it, the oldest oidor, or the regent, after that office was created, could determine whether sessions should consist of one or two salas.7 An audiencia was legally constituted, however, if only one magistrate were present.8 The audiencia was commanded to guard its proceedings with great secrecy, and such rules were formulated for its magistrates as would enable the tribunal to uphold its dignity, and command the respect of the commonwealth.