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 power of intervention in ecclesiastical matters which was
exercised by the civil tribunals was always a source of discord
in the Philippines. The attitude of the churchmen on this question
is well shown by a letter written January 20, 1688, by Fray Alonso
Laudín, procurator in Madrid for the Franciscans of the Philippines,
in protest against the encroachments of civil government. He wrote that
the principal causes of trouble in the Philippines are the
disagreements which continually exist between the royal audiencia
and the ecclesiastical judges; ... the ministers of the royal
audiencia, by virtue of the royal patronage of Your Majesty whom
they represent, ... hold ... that the audiencia has ecclesiastical
jurisdiction over the Church and over purely ecclesiastical
persons, over spiritual cases and the administration of the Holy
Sacrament, ... and spiritual and territorial jurisdiction in
regular and secular parishes. [811]
Laudín described the helplessness of the ecclesiastical judges and the
ineffectiveness of their jurisdiction, circumscribed as it was by that
of the civil magistrates. He stated that all the judicial acts of the
ecclesiastical ordinaries were rendered null by the magistrates of
the audiencia and that the ecclesiastical authorities were reduced
to such a condition that they did not know where to turn for relief
or remedy, as even the papal decrees were rendered ineffectual by
the encroachments of the civil jurisdiction. He stated that "the
ecclesiastical judges see in all this a meddling and interference
with the ecclesiastical jurisdiction, which has always been allowed,
but they cannot hereafter give fulfillment to the provisions of the
audiencia, even at the risk of expulsion from their districts." Laudín
was of the opinion that the laws had been misinterpreted by the civil
officials and that the king had never intended that the churchmen
should be so entirely shorn of their powers. He concluded his appeal
with the solicitation that such laws should be made as would determine
the questions at issue and bring about harmony between church and
state in the Islands. This should be done, he said, "in order that
each may be caused to see clearly the duties and jurisdiction which
belongs to him and that each may freely make use of his own powers
and prerogatives, and thus avoid suits and other disagreements."
The laws of the Indies prescribed that the most harmonious
relations should prevail between the ecclesiastical and civil
magistrates. The audiencia was commanded to aid the prelates and
ecclesiastical magistrates in the exercise of their jurisdiction,
neither interfering with them nor permitting them to be molested by
other civil authorities. [812] These laws, like those of the royal
patronage, not only gave to the civil government a commanding position
with relation to the church, but they established the magistrates as
the supervisors and guardians of the church courts.
Public-domain text, read in full here on John Shaqi.
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