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
We may turn again to the Pardo controversy for an example of the
intervention of the audiencia to restrain a prelate from excessive
use of the interdict. Pardo, after his return from exile, fulminated
censures against ex-Governor Juan de Vargas and the entire audiencia
which had supported him against the archbishop. The ban against
the oidores was quickly removed, technically on the grounds that
the magistrates were still royal officials, but in reality for the
sake of expediency. Vargas, however, was not absolved. The audiencia,
according to the existing laws, had the right to force the prelate to
remove the ban, [837] but owing to dissensions within the tribunal, the
opposition of the new governor, the increasing power of the archbishop,
the certainty that the royal authority had already disapproved of its
acts, and the impending visitation of a royal commissioner (Valdivia),
who had instructions to settle the discord and strife at Manila at
any cost, the oidores thought it best not to take this step. The
archbishop refused to absolve Vargas because of the technical reason
that his case came under the jurisdiction of the Inquisition.
The audiencia was expected to restrain the interdict whenever
this ecclesiastical prohibition interfered with the government or
incapacitated the officials thereof from executing their duties. The
interdict was not to interfere with the royal prerogative, nor was
it to be imposed for insignificant causes or personal reasons. [838]
The audiencia was given the special injunction not to interfere
with censures generally, but to permit them to be applied in needful
cases, the oidores bearing in mind only the requirement that these
ecclesiastical measures should not be allowed to interfere with the
civil government. [839]
Public-domain text, read in full here on John Shaqi.
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