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 following typical cases may be cited to show that the audiencia
frequently did rely on the civil power, as a last resort, for the
enforcement of its injunctions. In 1623, an oidor was excommunicated
for having violated the ecclesiastical sanctuary in seizing Juan
Soto de Vega, a fugitive from justice, who had taken refuge in the
cathedral. The audiencia, finding itself opposed by the metropolitan
court, sent a constable to arrest the provisor who had fulminated
the excommunication, threatening the latter with a fine of two
thousand pesos and banishment if he did not desist and cancel the
censure. The archbishop, who at first supported the provisor, was put
under military guard at the behest of the audiencia. The Jesuits then
used their good offices in behalf of the government, as a result of
which the matter was arbitrated and peace was brought about. [846]
In 1636, however, the archbishop and provisor were banished and fined
heavily, because they persisted in a censure which the audiencia
had restrained. Their continual refusal to harken to the commands
of the vicepatron and the royal tribunal and their insistence on the
censure were adjudged to constitute fuerza. This case originated in
the violation of the right of asylum by the governor and the arrest
of a murderer who had taken refuge in the Augustinian convent. So
open was the defiance of the civil government that the criminal was
executed in the courtyard, under the very windows of the convent
wherein were congregated the prelate and his supporters who were
commanded not to touch the body for three days. [847] The archbishop
was removed from his convent by soldiers at the command of the acuerdo
and banished to the island of Corregidor, where he remained twenty-six
days, after which mediation was effected and the weak old prelate,
tottering with age, was restored to his metropolitan capital. [848]
Montero y Vidal states that this case is interesting and important as
a test of the power of the governor; for many persons, he alleges,
did not believe that the governor could raise an interdict. [849]
That he was enabled to do so, with the support of the audiencia and
with the aid of his military forces there can be no question.
Public-domain text, read in full here on John Shaqi.
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