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
Local conditions in the Philippines did much toward determining
the character of the support rendered by the audiencia both to the
archbishops and to the friars. During the later months of the Pardo
controversy, when the audiencia had been demoralized by the triumph of
the archbishop and the visitor, Valdivia, the decision of the tribunal
had but little weight and the prelate did as he wished in regard to
the matter of visitation. In Camacho's time, when the friars were on
the point of leaving the Islands rather than submit to visitation, the
audiencia and the governor wisely counseled moderation and completely
abandoned the obstinate prelate. During Anda's term of office the
question was again taken up, but the effort to enforce the principle
was abandoned because the government could not find seculars, either
Spanish or native, to take the place of the friars who threatened to
leave the Islands if visitation were insisted upon. The magistrates
likewise rendered invaluable service in imparting legal advice to the
vicepatron, friars and others interested. They also kept the court
informed as to what was actually transpiring in the colony. It may
be seen, therefore, that the audiencia participated in two important
ways in the enforcement of episcopal visitation. It was primarily a
court; it acted as agent of the royal patron. In these capacities the
influence of the tribunal was greatest. It also exercised functions of
an advisory character in aiding the authorities concerned to ascertain
their rights according to the existing law. [883]
In summarizing the results of the investigation with which this chapter
has been concerned, it may be said that the audiencia constituted a
court of appeal in ecclesiastical cases wherein the services of an
impartial, non-ecclesiastical tribunal were required, or wherein
the defense of the royal jurisdiction against the aggression of
the churchmen was involved. In defending the civil government from
ecclesiastical usurpation the audiencia acted in defense of the royal
patronage. Nevertheless, in the cases noted, namely, in settling
disputes between orders, between the secular church and the orders,
between either of these and the civil government, in entertaining
recursos de fuerza, in restraining the interdict, and the abuses of the
Inquisition, the audiencia acted by judicial process as a tribunal of
justice, and not in the capacity of an administrative committee or an
executive agent, as in the cases which have been heretofore described.
BIBLIOGRAPHY
LIST OF PRINTED WORKS CITED
Alcedo, Antonio de
Diccionario geográfico-histórico de las Indias Occidentales ó
América. 5 vols. Madrid, 1786-1789.
Altamira y Crevea, Rafael
Historia de España y de la civilización española. 3d ed, 4
vols. Barcelona, 1913.
Álvarez de Abreu, Antonio
Extracto historial. Madrid, 1736.
Antequera, José María
Public-domain text, read in full here on John Shaqi.
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