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 had frequently been the practice of the prelates to pronounce
censures against oidores and alcaldes, who, in proceeding with
their duties as inspectors of the provinces, encroached upon
what the churchmen regarded as their own particular and private
jurisdiction. This, of course, was forbidden, and the audiencia,
by way of fuerza, usually entertained appeals from these officials
of the civil government and set aside all such acts on the part
of the representatives of the church. Reference was made in the
last chapter to the circumstances surrounding the effort of Oidor
Guerela to inspect the province of Camarines. This magistrate was
excommunicated by the bishop of that diocese and was compelled to
remain in banishment five months, the audiencia refusing to set aside
the censure on account of the personal animosity of the magistrates
toward Guerela. Nevertheless, prelates were enjoined to obey the
audiencia when that tribunal ordered the cancellation or suspension
of an episcopal censure or prohibition. [840] When an appeal was
made to the audiencia from such an act by an alcalde, oidor, visitor,
or other official at some distance from the capital, the prelate was
expected, upon the judicial summons of the audiencia, to suspend his
censure until the facts of the case had been ascertained, and the
decision of the tribunal had been rendered. [841] This was the law,
but occasionally, as in the case of Guerela, local circumstances
rendered impossible or undesirable the fulfillment of the law.
Public-domain text, read in full here on John Shaqi.
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