Note 1 — Chapter VI · THE AUDIENCIA AND THE GOVERNOR: GENERAL RELATIONS

Recopilación, 2–15–11. Note the brief discussion of this relationship in Smith, The viceroy of New Spain, 152–156. Dr. Smith shows that the chief purpose of the Spanish government in establishing the viceroy and audiencia together was to guarantee a check and balance of one upon the other. Quoting Revilla Gigedo (Instruction, Article 20), he says: “The presidency of the audiencia places the viceroy at the head of that body but not to give orders to it, as even his acts in matters of justice are subject to it; and although he is present at its sessions, which is very difficult, considering the grave and continuous occupations which so vast a command imposes upon him, he does not have a vote in matters which are regularly dealt with there—that is, matters of justice.” Dr. Smith shows (162) that the effect of the later laws of the eighteenth century was to deprive “the viceroys absolutely of any part in the procedure of the administration of justice, either alone or in company with the other judges, voting with them in the audiencia” (from Revilla Gigedo, Instruction, Article 64). The limitation of the governor of the Philippines in legal matters is discussed further on in this chapter.