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 following brief summary of laws of the early period, although
possibly repeating data already given, shows the extent of the
participation of the audiencia in the regulation of ecclesiastical
affairs: [709]
All ecclesiastics holding office were first to gain the recognition
of the viceroy, president, audiencia or whatever authority might
be in charge of the province.
A list of the members of each order was to be furnished by their
provincial to the governing authority. Any changes subsequently
made in the membership of the orders had to be reported in the
same way.
The names of all religious teachers were to be submitted to the
audiencia, governor or other authority in control, for inspection
and approval.
The audiencia was instructed to inform itself relative to the
efficiency of the clergy and of religious teachers working
among the Indians, and to see that those lacking in educational
qualifications or in general capacity were not permitted to enter
the Islands. [710]
Notices of removals or of new appointments made among the
clergy were to be sent to the governor, audiencia, and to the
bishop. [711]
The jurisdiction of the audiencia under the royal patronage extended
to practically all classes of churchmen and church affairs. [712] By
the cédulas of August 4, 1574, and of October 25, 1667, the audiencia
acquired the right of passing on the credentials of prelates who came
to the Islands. That tribunal was entrusted with the duty of seeing
that bishops and archbishops carried with them the duly attested
confirmation of the Council of the Indies, and no prelate was allowed
to leave the Islands unless he had the permission of the governor or
audiencia. [713] The tribunal exercised a check on the governor in this
particular and saw to it that in granting this permission he did not
show favoritism or otherwise violate the laws of the royal patronage.
Two striking illustrations of the audiencia's jurisdiction over the
inspection of the credentials of the prelates and higher churchmen
occur in the history of the Philippines. In 1674, Francisco de Palóu,
a French bishop who had been engaged in missionary work in China,
was cast upon the shores of the Philippines. The audiencia immediately
dispatched orders for his detention, and he was not permitted to return
to his district on the ground that his presence and jurisdiction in
China constituted an encroachment on the rights of Spain. China had
been conceded to Spain by Alexander VI, and by virtue of the royal
patronage, the right of making ecclesiastical appointments and the
exercise of jurisdiction there were prerogatives belonging to the
Spanish crown. [714]
Public-domain text, read in full here on John Shaqi.
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