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 audiencia exercised jurisdiction as a high court of appeal over
suits to which the religious orders were parties. Most of these cases
originated in misunderstandings or contentions over jurisdiction,
titles to land, and over the claims relating to occupation of provinces
under the royal patronage, which the various orders advanced. Most
frequent of all were the suits between the orders, as to jurisdiction
over provinces. An example of this is furnished by the contention
which arose in 1736 between the Jesuits and the Recollects for the
exclusive right to minister in Mindanao. Another case of a similar
nature was the adjudication of a dispute between the Recollects and
the Dominicans for spiritual jurisdiction in the province of Zambales,
as a result of which the Recollects were finally ordered to confine
their missionary activities to Mindoro. [822] Another case was the
dispute between the Franciscans and the Observant friars. A large
number of the latter arrived in the Islands in 1648 with letters from
the Viceroy of New Spain. They were at once given territory which had
been previously assigned to the Franciscans. On the basis of a brief
of Urban VIII, prohibiting the occupation of the same province by
two different orders, the Franciscans brought suit in the audiencia
with the result that the newcomers were not only dispossessed of the
province that had been assigned to them, but their patents and briefs
were cancelled on the grounds that they were not properly authorized
by the Council of the Indies. [823]
Reference was made in the last chapter to the suits which occurred
between the Jesuits and Dominicans, the two orders most extensively
interested in higher education, for the right to maintain universities
in Manila. The greater number of these disputes, in fact all of them,
seem to have been based on the rivalry of their two colleges and on
their zeal for royal favor and patronage. When Santo Tomás became a
royal university in 1648, and was empowered to grant degrees as such,
the Jesuits brought suit in the audiencia for the right to confer
honors of a like character in their college of San José. The audiencia
denied their petition; the case was appealed to the Council of the
Indies, and the higher authority decided that both institutions should
enjoy equally the privilege of conferring scholastic honors. [824]
The rivalry and bitter feeling between these two orders did not
cease with this settlement, but in 1683 the Dominicans again brought
suit in the audiencia, seeking to limit the educational activities
of the Jesuits. The matter was again carried to the Council of the
Indies. Although the decision was made in favor of the Jesuits, the
disagreements between the two orders, the charges and counter-charges,
and the influence of Archbishop Pardo, a Dominican, in behalf of
his own order, went far beyond the authority of the audiencia, whose
efforts to restrain them were entirely ineffectual. [825]
Public-domain text, read in full here on John Shaqi.
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