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 preponderance of power was enjoyed by the Inquisition. This was
owing to the advantages which law and precedent had given to it as
a privileged ecclesiastical tribunal, although the efficacy of the
Inquisition lay for the most part in the immunities which were extended
to it and in its swift, unexpected and secret methods. Its ultimate
defeat on this occasion, and the continued abuse of its power, did much
to detract from its prestige and authority in the Philippines. [872]
During the eighteenth century considerable authority over the
Inquisition was given to the civil courts. The former position of
supremacy, wherein its authority could not be so much as questioned
by a secular tribunal, was gone forever. On August 2, 1748, a decree
was promulgated whereby chanceries, audiencias, and corregidores were
authorized to restrain any inquisitorial tribunal from maltreating
its own prisoners. [873] This same law provided for the punishment by
the civil courts of inquisitors who contravened this law. This was the
first regulation which really gave to the audiencia the power necessary
to restrain the acts of the Inquisition. We find no indication of any
such liberal legislation in the sixteenth and seventeenth centuries,
but by the time this law was promulgated, the power of the church in
Spain was considerably reduced and that of the Inquisition was already
on the decline. By a number of subsequent laws the Inquisition was
gradually but surely limited in power and authority. We have already
noted that on August 10, 1788, jurisdiction over the crime of polygamy
and over cases involving the infraction of the marriage relation
was taken from the Inquisition and given to the civil courts. [874]
By the cédula of December 12, 1807, authority was given to the royal
justices to receive inquisitors, inspect their titles and to assign
them to their districts, assisting them in all possible ways. The civil
authorities were ordered to guard against an excessive number of these
functionaries. The magistrates were especially instructed to act as
guardians of the royal prerogative in dealing with the representative
of the Inquisition and to report to the superior government on their
relations with them. By this cédula the authority of the inquisitorial
agents was distinctly limited to matters of faith, with appeal to
the tribunal of the Inquisition. The magistrates were ordered to see
that these instructions were followed. [875] In this way the civil
authorities, and particularly the magistrates of the audiencias,
became the guardians of the royal prerogative against the agents of
the Inquisition, who were kept within the proper bounds of a purely
religious jurisdiction.
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