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 citation or further multiplication of data relative to espolios
would be monotonous and unprofitable. Sufficient has been said
already to show the extensive participation of the audiencia in
the administration and settlement of the estates of prelates and the
assignment and care of vacant benefices. It may be noted, however, that
the audiencia suffered little if any diminution of its authority over
the espolio through the Ordinance of Intendants. That code deprived
the oficiales reales and oidores of the duty, formerly incumbent on
them, of taking espolios and conferred it upon the intendants and
corregidor-intendants of provinces. However, it was still required
that the papers relative to the proceedings should be submitted
afterward to the audiencia for legalization and approval. [794]
Appeals and cases of litigation arising from them were to be settled
in the audiencia. This decree made little difference in the procedure
in the Philippines, as the corregidor-intendants were never instituted
there, and the oidores continued in the settlement of these matters,
subject to the designation of the superintendent, who, it will be
remembered, was also governor and president of the audiencia. The
tribunal passed, as always, on all acts of espolio and heard cases
affecting them on appeal. In this manner the properties of the prelates
were administered in a conservative and legal manner and the interests
of the crown were safeguarded.
The audiencia exercised joint authority with the vicepatron over
questions relating to the construction of churches and the conservation
of ecclesiastical property. No monastery, convent, college, hospital,
or other religious institution could be founded without the consent
of the king, and this permission was obtained through the viceroy,
governor, or audiencia upon the recommendation of the prelate of
the diocese. [795] The laws of the Indies conceded that matters
which did not admit of delay could be settled by the president and
audiencia. [796] In fact, as early as August 15, 1620, Governor Fajardo
acknowledged receipt of a letter from the king in which occurred the
statement that "no church or convent, not even a chapel, ought to be,
or can be, founded unless concurrent with your permission, and that of
the Audiencia." [797] It was provided that all petitions of religious
orders for permission to construct convents and monasteries should be
referred to the council, with the recommendations of the audiencia,
but in actual practice, when the advice of the audiencia was in the
affirmative, the vicepatron gave the desired consent, reporting on his
action to the Council of the Indies. Thus we see that the governor and
audiencia in reality exercised complete authority in uncontested cases.
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