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
It is, of course, true that all the power exercised by the civil
government over the church proceeded from authority invested in the
former by the laws of the royal patronage. [804] Nevertheless, it must
be observed that there were times when the audiencia exercised the
function of an impartial, disinterested court, with no aim or object
other than that of maintaining simple justice. It may be conceded,
for example, that the authority which the audiencia exercised in
the settlement of disputes between religious orders and between the
prelates and the regulars partook of the same judicial character
as the jurisdiction which it had in settling disputes between civil
corporations and individuals. The intervention of the audiencia for
the protection of the Indians from the abuses of the churchmen,
[805] its entertainment of the recurso de fuerza [806] and its
function as a court of appeals for the protection of the natives
against ecclesiastical tribunals may be said to have constituted acts
in defense of the royal interests as well as in securing the ends of
common justice. In restraining church authorities from the intemperate
use of the interdict, [807] or from a too liberal extension of the
right of asylum, [808] the audiencia was not seeking the ends of
justice (though judicial proceedings were instituted) so much as it
was defending the royal prerogative and protecting the officials of
the civil government. This may also be said of its efforts to prevent
the abuse of power by the commissary of the Inquisition. In these
last-mentioned activities, therefore, the audiencia may be said to
have acted in defense of the royal patronage, though in all these
cases its method of procedure was that of a court of justice.
The church in the Spanish colonies had its own judicial tribunals
for the trial and settlement of cases arising within it which did not
concern the civil government. [809] The division of authority between
the civil and ecclesiastical courts and the respective jurisdictions
of each are described by Professor Moses, who writes:
The courts of the civil government and not the ecclesiastical
authorities considered ... all questions involving the limits
of bishoprics, the rights and prerogatives of the holders of
benefices, controversies between ecclesiastical councils and
their bishops and archbishops concerning the administration
of the Church, all disputes between parish priests and their
parishes, in a word, all cases that in any manner touched the royal
patronage. Even matters spiritual and cases between persons of a
privileged tribunal were not excepted from the civil jurisdiction;
but certain cases might be brought before the viceroy, and, if
desired, an appeal might be taken from the viceroy's decision to
the audiencia. [810]
It will be our function in this chapter to determine the participation
of the civil courts in these matters.
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