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
had acted solely on the basis of its authority derived from the royal
patronage, but in settling the dispute among the various ecclesiastical
authorities it also acted judicially. Guerrero's credentials finally
came, apparently executed in the proper form and they were referred
to the audiencia by the governor. The tribunal, when it had satisfied
itself that the commission was valid, placed thereon the stamp of
its approval and accepted Guerrero as archbishop. Then the latter,
in the words of Governor Corcuera, presented himself "in the royal
court of justice (the audiencia) before which he appeared to be
presented [to his see], he swore upon the gospels not to interfere
with your Majesty's jurisdiction, to respect your royal patronage,
and to be always your royal vassal." [720] In other words, he took
his oath of office as archbishop in the audiencia.
The above may be considered as a typical case of the temporary
designation of a prelate for the archbishopric of Manila by the
audiencia. To cite further instances of a similar nature would be
unnecessary. The tribunal continued to inspect the credentials of
bishops and archbishops before they were admitted to their posts
throughout the history of the Islands. This practice was followed
even during the period from 1660 to 1762 when the church counted
for more as a political institution than either the audiencia or the
governor. [721]
The audiencia exercised intervention in the removal of curates from
their parishes. [722] As noted, already, these removals were made by
the vicepatron upon the recommendation of the prelate concerned. Of
course, when the audiencia was governing ad interim it made these
removals itself. It also intervened when the vicepatron was present
on occasions when he requested the support of the tribunal or failed
to act himself. The judicial authority of the audiencia, exercised
through its entertainment of appeals from curates who had been removed,
will be considered in the next chapter.
A great many reasons for removals were purely ecclesiastical, such
as questions of the private lives and conduct of priests and friars
and their insubordination and non-compliance with ecclesiastical
or monastic rules. With these matters the audiencia did not concern
itself unless deportation was involved, or the offenses of the priests
constituted crimes against the civil government. There is record of
many removals from curacies because of infractions of the marriage
laws by priests, such, for instance, as uniting heathen Chinese with
Christian women, which was a violation of the pragmatic law of March
23, 1776. Such cases, and indeed all which had to do with removals
from curacies after 1795, were settled by ecclesiastical tribunals
with appeal to the papal delegate, without the intervention of the
audiencia. [723]
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