The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)Cunningham, Charles Henry
History
The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800)
Cunningham, Charles Henry
Philippines -- History -- 1521-1812; Spain -- Colonies -- Administration
It would seem that the intervention of the audiencia in ecclesiastical
matters developed in the same manner and for the same reason as
it came to have authority in matters of government, finance and
military administration. The manifest impossibility of the successful
administration of the many affairs of civil and ecclesiastical
government by the governor (or viceroy in New Spain and Perú)
made inevitable the division of power, which, though real, was not
always formally recognized by the laws. The audiencia was the only
body available with which the governor (or viceroy) might share these
responsibilities. Its judicial character, and the talent, training, and
administrative ability and experience (wider than that of the governor
himself) of its members made it the logical institution to which
the executive should naturally turn for advice and assistance. Not
only did he require counsel, but the moral and physical support of a
tribunal of weight and authority was invaluable in dealing with the
united forces of a powerful ecclesiastical hierarchy. This is the
best possible explanation of that gradual assumption of authority by
the audiencia which seems to have been so indefinitely, yet freely
conceded, and which apparently grew up neither in conflict with the
law nor yet entirely in accord with it, but which, now recognized,
and now ignored, was never denied or prohibited.
The cédula of October 6, 1578, in explanation of the various forms of
address in the expedition of royal cédulas, was designed to make clear
the respective jurisdictions of the vicepatron and the audiencia
in ecclesiastical as well as in other governmental affairs. It
ordered that
when our royal cédulas refer in particular to the viceroys, they
alone shall attend to their fulfillment without other intervention;
if they designate the viceroy, or president or audiencia, they
shall all attend to their execution in accordance with the opinion
of the greater part of them that are in the audiencia, and the
viceroy or president shall not have more than one vote like the
rest that may be present, provided that this do not contravene
the superior government which we regularly commit to our viceroys
and presidents. [694]
While more than a joint authority with the vicepatron cannot be claimed
for the audiencia, and that authority not necessarily coequal, this
cédula established beyond question the royal intention of recognizing
the audiencia as a support and an aid to the governor. This law
applied to all the affairs of government, not pertaining any more
extensively to the ecclesiastical than to the administrative sphere,
but this cédula, together with what actually happened, may be taken
as evidence that the audiencia was meant to have jurisdiction in
ecclesiastical affairs when royal cédulas granting or assuming the
exercise of such jurisdiction were addressed to it.
Public-domain text, read in full here on John Shaqi.
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