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
In the well-known Pardo controversy (1683-1689), references to which
may be found in any history of the Philippines, there occurred many
occasions on which the audiencia was obliged to avail itself of the
recurso de fuerza. By this means the audiencia sought to restrain
Archbishop Pardo from usurping the civil jurisdiction and that of the
religious orders and of the metropolitan chapter. Interference with
these orders was in violation of the royal patronage, the ultimate
authority over them being the patron and not the archbishop. Such
action, therefore, became a civil offense, punishable by the civil
tribunals, the highest of which and the one properly equipped to
deal with such cases, was the audiencia. It will be noted that Pardo
paid the penalty of exile for repeatedly ignoring the audiencia and
its right of interposition through the recurso de fuerza, and the
subsequent ineffectiveness of the audiencia was due to reasons and
conditions other than the decline of the authority and importance of
the recurso de fuerza. This controversy which is more fully described
in preceding chapters affords the best example extant of the operation
of the recurso de fuerza, its nature and effects, hence the citation
of minor cases is rendered unnecessary.
Closely related to the question of fuerza as illustrating the
jurisdiction of the audiencia over the church courts, occurs that
of the interdict. A price which the civil authorities frequently
had to pay for the entertainment of the recurso de fuerza, or any
other opposition, in fact, to the unrestricted authority of the
ecclesiastics, was the penalty which usually accompanied the interdict,
of being forbidden to participate in religious rites and ceremonies,
or to continue receiving the customary spiritual consolations and
benefits of the church. [836] The authority of the audiencia to
restrain the excessive use of this weapon by the ecclesiastics may be
considered to have been judicial in its nature, since the prelates, by
undue use of the episcopal censure, went beyond their ecclesiastical
jurisdiction and encroached upon the royal prerogative. A form of
judicial inquiry was instituted to ascertain the act and degree
of encroachment; indeed, the excessive use of the interdict was
interpreted to constitute fuerza, and the method just described was
employed by the tribunal to combat it.
Public-domain text, read in full here on John Shaqi.
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