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
Notwithstanding the fact that the governor was the civil head
of the church in the colony, it would be possible to fill this
chapter completely with quotations of laws which were addressed
to the audiencia in recognition of its right of intervention
in ecclesiastical matters. The necessity of reserving space for
specific cases illustrative of history and practice permits only a
scanty summary of the most important of these laws. In practically
all these cases the audiencia participated conjointly with the
vicepatron. The interposition of the audiencia was authorized in
the calling of provincial councils and synods, and the resolutions
of these bodies had to be examined by the viceroys, presidents,
and oidores to see that they were in accordance with the laws of
the royal patronage. [700] The audiencia was empowered to examine
all papal bulls and briefs and to suspend those which had not been
properly authorized by the Council of the Indies. Disputes between
prelates and arguments of churchmen based on bulls and briefs were
to be referred by the audiencia to the Council of the Indies. The
audiencia was authorized to enforce all properly authorized bulls
and briefs and to exercise care that the ecclesiastical courts were
granted their proper jurisdiction in accordance with canon law. [701]
The audiencia was authorized to enforce the law which forbade laymen
to trade with priests. Punishment in the latter case was not meted
out by that tribunal, but the offending churchmen were handed over
to the prelates. [702] The audiencia, viceroy, and governors were
commanded to exercise supervision over the prelates and provincials,
receiving from the latter annual reports on the state, membership, and
progress of the religious orders and the work performed by them, which
information in turn was forwarded to the Council of the Indies. [703]
All possible assistance was to be furnished by the audiencia and
governor to missionaries remaining in the Philippines or going to
Japan. [704] The governor and audiencia were ordered to supervise
closely the work of ecclesiastical visitors in the provinces,
exercising special care that the natives were not imposed on or
abused. The oidores were prohibited from interference with the internal
government of the religious orders. [705] Members of orders could not
usually be removed by their provincials without the consent of the
vicepatron and the audiencia, the authority of the latter extending to
the removal and exile of offending priests. [706] The audiencia was
ordered to make every possible effort to preserve harmony among the
religious and to adjust all differences arising between the orders,
or within them. [707] The tribunal was authorized to keep prelates
from exceeding their authority in passing judgment on erring priests,
especially to see that no punishments were imposed such as would
interfere with the prerogatives of the civil government. [708]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account