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
Although the laws of the Indies directed that the inquisitors who were
sent to the colonies should present their titles to the audiencias and
viceroys, this did not give the civil authorities any advantage over
them. The audiencia was expected to formally receive the inquisitors
and to pay them all due respect. [851] At the time of the establishment
of the Inquisition in Manila, no audiencia as yet existed. From the
very beginning, however, the dignitaries of the Inquisition were
placed under special royal protection, with complete power over
their own sphere. Officials of the government and all other persons
were warned and enjoined not to interfere with or oppose them in any
way. As early as May 22, 1610, the Council of the Indies placed itself
and all subordinate audiencias and governors in a position inferior
to that of the Inquisition. The interference of civil magistrates
with the inquisitors in behalf of the government was forbidden, [852]
even the ordinary means of protection were denied them. The recurso
de fuerza could not be employed, nor could the interdicts of the
inquisitors be raised, even in notorious cases of their infringement
upon the royal jurisdiction. [853] Little change was made in these
laws until the latter part of the eighteenth century. The oidores
were ordered to lend such secular aid as might be required, and were
originally instructed to obey the mandates and carry out the orders of
the inquisitors without inquiries into the religious reason for any
action the latter might take. Each judge, ecclesiastical or royal,
was to limit himself strictly to his own particular field and thus
conflicts of authority were to be avoided.
The laws of the Indies prescribed many regulations which were
designed to induce harmony and co-operation between the officials
of the Inquisition and those of the civil government. Viceroys,
audiencias and governors were authorized to execute the sentences of
the representatives of the Inquisition and to extend to them every
facility and assistance. [854] Oidores and executives were forbidden
to open the mail or tamper with the correspondence or legal documents
of the inquisitors. [855] Oidores and fiscales were authorized to
give legal advice to the judges of the Inquisition when counsel
of this kind was required. [856] The inquisitors were to be given
precedence over the officials of the civil government in everything
pertaining to the official duties of the former, but in questions of
civil administration and in matters of ceremony, the oidores took
precedence over inquisitors, unless the latter enjoyed higher rank
by virtue of some other office. [857]
Public-domain text, read in full here on John Shaqi.
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