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
The right of the officials of the civil government to interfere
in questions of patronage was seldom seriously questioned by the
churchmen, although there were some notable instances in which
religious authorities objected to this exercise of power. Bishop
Salazar, in his opposition to the plan of Fray Alonso Sánchez
at the court of Madrid (1593-1595), expressed his disapproval
of the interference of the governor and audiencia in questions of
patronage. His opposition is further attested by several of his letters
and declarations enunciated previous to that time. [695] He admitted
that the civil government, by virtue of the bulls of Alexander VI and
Julius II, should act as the defender and champion of the church, but
he opposed any further participation in ecclesiastical affairs by the
civil power. Salazar's arguments are worth noting because they were
advanced during the formative period of the Islands' history. It was
during his prelacy that the basis of all future relations of church and
state was established. The arguments of Bishop Salazar were repeated
with little variation by Archbishop Poblete in his controversy with
Governor Salcedo in 1665 and later by Archbishop Pardo in 1686. [696]
In considering this question, the calm and impartial judgment of
a scholar is eminently preferable to the passionate arguments of
a prelate deeply concerned in the outcome of the dispute. Let us
turn from the field of original research to a modern Spanish writer
on church history and law. Fray Matias Gómez Zamora, writing from
the vantage ground of the modern day, characterizes the acts of the
government officials of the earlier era as excessive and unjustified by
papal bull or ecclesiastical canon. He even goes a step farther when he
declares that "many royal decrees and cédulas were wrongfully issued,
without proper basis." He cites examples to prove his contention and
among these he points to the foundation of churches and monasteries by
civil authorities without the confirmation of the prelate, alleging
that such practices were entirely illegal. [697] In like manner,
he criticises the cédulas of October 19, 1756, and of June 24, 1762,
which bestowed upon the governor jurisdiction as vicepatron, [698]
with the right of settling whatever questions might arise. "But,"
he writes, "it is clear that the viceroys, the audiencias and the
governors did not have, nor could they have spiritual jurisdiction
over the persons or property of the ecclesiastics, because in no
case can power which is delegated be greater than he to whom it is
delegated." [699] Thus does this distinguished writer attack the
foundation of the entire institution whereby Spain controlled the
church in her colonies during a period of three hundred years.
Public-domain text, read in full here on John Shaqi.
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