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 tendency of the laws, however, through a period of two hundred
years, was to delimit and circumscribe the authority of the Inquisition
in matters bordering on the jurisdiction of the civil government. This
is seen, especially, in the offense of polygamy, which, up to 1754,
was dealt with solely by the Inquisition. By the cédula of March
19th of that year, polygamy was brought under the fuero mixto;
[858] the same law ordered that prisoners, after punishment by the
inquisitorial tribunal for heresy, should be dealt with by civil
judges for an offense against the laws of the realm. On September 7,
1766, this crime was again made punishable solely by the Inquisition,
but on August 10, 1788, jurisdiction over cases of polygamy was taken
entirely from the Inquisition and given to the royal justices. [859]
This may be considered as indicative of the decline of the authority
of the Inquisition in the eighteenth century. The inquisitors, of
course, were not permitted to exercise jurisdiction over the Chinese,
or over the aboriginal inhabitants of the Islands. [860]
In its relations with the civil power in the Philippines, and
particularly with the audiencia, two charges have been brought
against the Inquisition. The first was that in the early years of
the Islands' history, it was utilized by the prelates for the more
complete usurpation of powers belonging to the civil government and the
audiencia. The tribunal, of course, was left entirely without recourse,
by virtue of the exemptions and immunities of the Inquisition mentioned
above. On July 20, 1585, the audiencia, in a letter to the king,
cited several instances in which Bishop Salazar, unwilling to cede his
claims to jurisdiction over certain civil offenders, handed them over
to the commissary of the Inquisition, instead of surrendering them
to the audiencia, to which jurisdiction over such cases belonged. The
audiencia, appealing to the king for aid, alleged that the prelate had
taken undue advantage of the civil power, "by sheltering himself behind
the Inquisition, ... where the audiencia has no jurisdiction." [861]
This charge was also brought against Salazar by the Jesuit, Sánchez,
in his memorial of 1591. [862] It is significant that no decree was
issued during the earlier era which authorized the audiencia to repair
the abuses of the inquisitors, although on many occasions the audiencia
and the local court of the Inquisition were respectively enjoined to
confine themselves to their own particular fields of authority. [863]
Public-domain text, read in full here on John Shaqi.
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