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 was the duty of the audiencia, on the other hand, to guard strictly
the prerogatives of the civil magistrates, and, in fact, those of all
officials of the government, and not to allow the ecclesiastics to
infringe on their jurisdiction through acts of fuerza, interdicts,
or by any other illegal means. [813] The ecclesiastical courts were
forbidden to try laymen or those subject in first instance to the
jurisdiction of the civil courts. They were forbidden to imprison
private subjects, or embargo or sell their property without first
seeking the consent and co-operation of the secular arm. [814] They
were forbidden to try any cases except those involving the church, and
they could not, without the aid of the civil authorities, impose fines
or condemn persons to labor. [815] In general, they were solicited
to work in harmony with the audiencia, and to give all possible
assistance to that body. [816] Wherein doubt existed or where there
was reason to believe that an action might constitute an interference
with the civil prerogative, the ecclesiastical judges were ordered
to ask the advice of the secular authorities. The ecclesiastical and
secular magistrates were enjoined to aid each other actively when
occasion demanded, the prelates supporting the audiencia, and the
latter dispatching provisions to its magistrates and subdelegates in
support of the ecclesiastical judges and tribunals. [817]
The laws cited above did not become effective suddenly, but were
evolved through a long period of dissension and dispute between
the ecclesiastical and the civil authorities. Before the audiencia
was established in the Islands, the parish priests, friars, and
ecclesiastical ordinaries in many cases exercised the duties of local
judges in both the spiritual and temporal spheres. There can be no
question but that the church rendered very efficient service in this
particular, especially under the leadership of Bishop Salazar. [818]
Public-domain text, read in full here on John Shaqi.
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