The Audiencia in the Spanish Colonies: As illustrated by the Audiencia of Manila (1583-1800) — John Shaqi
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 would be desirable, did time and space allow it, to illustrate
further the jurisdiction of the audiencia over ecclesiastical affairs
by showing in detail the part which the tribunal played in the friar
lands litigation [876] and in the disputes over ecclesiastical
visitation in the seventeenth and eighteenth centuries in the
Philippines. It will be sufficient here to state that the government
sought at irregular intervals and with varying degrees of success,
to make the orders prove titles to lands in the same manner that was
required of other corporations and individuals. [877] The audiencia,
as a tribunal, and the individual magistrates as special commissioners,
participated judicially in the examination of these titles and in
the correction of the abuses which were discovered. The oidores, when
serving as special magistrates for the verification of these titles,
officiated in a double capacity. By the very nature of the services
rendered they were judges. They were also agents of the royal patron
and as such they represented the person of the king, ascertaining
whether the royal rights had been usurped or infringed upon.
Closely similar to the jurisdiction of the audiencia as a court
of final resort in the testing of the titles to lands occupied
by religious orders was that which it exercised in the matter of
ecclesiastical visitation. This was a question of a more thoroughly
religious character which did not concern the civil government
as intimately as did the matter of friar lands. In general,
it may be said that the audiencia was utilized by both sides in
the various disputes which arose in connection with ecclesiastical
visitation. During the ecclesiastical administrations of Archbishops
Salazar, Serrano, Poblete, Camacho, Pardo and Justa y Rufina,
practically until the end of the eighteenth century, this question
was continually agitated. These archbishops attempted to visit and
inspect the curacies which were held by friars in lieu of secular
priests. [878] The archbishops relied on the audiencia for assistance
in the enforcement of their claims and the friars sought its protection
as a court of justice to shield them from the visitation of the
prelate. As in the matter of the friar lands, so in this question,
the audiencia acted both as a tribunal of justice and as an agent
and champion of the royal patronage. Indeed, the laws of the Indies
established the audiencia as a tribunal and as a compelling authority
for the enforcement of ecclesiastical visitation. [879] The archbishop
was directed to appeal to the audiencia or vicepatron for assistance
in the subjection of offending curates, [880] but he was forbidden
to visit the regulars in their convents, [881] which, of course,
did not prevent his visiting them when in charge of curacies. On the
other hand, the audiencia was forbidden to entertain appeals on the
ground of fuerza from regulars who objected to the visitation of the
prelates. [882]
Public-domain text, read in full here on John Shaqi.
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