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 operation of the removal of regulars for cause was slightly
different. Unless the regular was the holder of a parish and subject
to episcopal visitation, the prelate had no jurisdiction over him,
and neither the governor nor the audiencia could interfere in the
matter, unless such intervention was requested by the provincial. [724]
When the deportation of regulars not holding curacies was decreed,
the consent of the vicepatron or audiencia, acting for him, was
necessary. This was usually given on the recommendation of the
provincial, and the exile accordingly became an act of the civil
government. The formal consent of the Council of the Indies was
necessary for all deportations of this character, but the complete
exercise of this prerogative gradually devolved upon the vicepatron,
who notified the Council of the act. [725]
The crimes of priests or ecclesiastics against the law and order of
the realm were punishable in the same manner and by the same agency
as the simpler violations of ordinary subjects. Attention has already
been given in another part of this treatise to a case in which the
audiencia, in 1617, tried and punished six Augustinian friars who had
been convicted of murder. [726] Their guilt was first ascertained by
a preliminary investigation within the order, after which they were
handed over to the audiencia.
The statement has been made above that the audiencia was not allowed to
interfere in the internal régime of the convents or monasteries. [727]
However, when the provincials of the orders were unable to keep
the friars in subordination they frequently called upon the civil
government for support and assistance. This was done in 1715 when the
Castilian Recollects rebelled against their provincial, incorporated
themselves into a separate chapter, and entrenched themselves in
the convent at Bagumbayan, outside the Manila wall. Oidor Torralba,
then acting as governor and vicepatron, came to the support of the
provincial upon appeal. He cannonaded the recalcitrants, arresting
and imprisoning them on their surrender, and finally banished their
leaders. [728] On this same occasion, it may be noted, the provincial
solicited the aid of the archbishop, whose interference the rebellious
friars had resisted as an attempt at episcopal visitation.
Public-domain text, read in full here on John Shaqi.
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