Note 52 — Chapter IX · THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE

It is to be especially noted that in the appointment of Olazo and Cerezo in 1632 and 1633 respectively, the senior oidor was deprived of the control of military affairs. This had been done also in 1617 and in 1624 when Gerónimo de Silva, governor of Ternate, had taken charge of military affairs during vacancies in the regular governorship. Temporary appointments had been made on two different occasions by the Marqués de Cerralbo, Viceroy of New Spain, once in the sending of Fernando de Silva after the death of Governor Fajardo, and on this occasion, when Cerezo de Salamanca took the place of Governor Juan Niño de Tavora, after the audiencia had governed a year. Experience had shown that the assumption of the military command by the senior oidor was not productive of the most satisfactory results. It was not to be expected, of course, that a magistrate would administer military affairs with the skill of a captain-general, and we have seen that various governors recommended that the practice should no longer be continued. So it came about that the law of 1608 was revived, and the viceroy appointed a temporary governor to assume control of military affairs, the audiencia being restricted to judicial and administrative functions. In 1633, on the accession of Cerezo de Salamanca, the audiencia was deprived of the right of intervention in the last mentioned activity, and was confined to its judicial duties alone. This was confirmed by the cédula of January 30, 1635, which relieved the Audiencia of Manila of all jurisdiction over military affairs during vacancies, ordering that they were to be administered by a temporary appointee of the viceroy.52