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
Calderón also found that the University of Santo Tomás and the
Dominicans, in collusion with a clerk of the audiencia, had taken
lands from the native town of Sílang in 1743. Calderón restored the
lands to their rightful owners and his act was approved in judicial
review by the audiencia. The friars took exception to this by appealing
to the Council of the Indies. The Council notified the audiencia of
its affirmation of the judgment of Calderón and further stated that
the lands of Sílang, Imús, San Nicolás, and Cavite had been unjustly
seized and should be restored. This was not only an affirmation but
an extension of the sentence of the oidor, made by the Council after
the royal fiscal (of the Council of the Indies) had reviewed all the
evidence presented in the case. This suit shows the efforts made to
carry out the royal intention that the natives of Spain's colonies
should be justly treated. It also shows the respective jurisdictions
of the audiencia and Council of the Indies as courts of review and
appeal in adjusting disputes between the church and the Indians.
In addition to the above, the audiencia exercised jurisdiction over the
religious themselves, both as individuals and as subjects of the king,
punishing them for violation of the civil laws of the realm to which
they were amenable as subjects. An illustration of this is furnished by
the following case which occurred in 1617. Two Augustinian provincials
were murdered, one, Fray Gerónimo de Salas, by poisoning, and his
successor, Fray Vicente Sepúlveda, by strangulation. A tribunal of
friars, composed of nine prominent members of the Augustinian order,
was appointed by the bishop for the investigation of the crime. This
body, after due consideration, caused six members of the order to be
apprehended; four of them were believed to be guilty of the murder
and two were suspected of connivance at the crime. On July 31, 1617,
these six culprits were handed over to the civil government, and on
September 2 of that year, the four guilty ecclesiastics were condemned
to death by the audiencia, while the other two were sentenced to six
years of service in the galleys. This case illustrates the extent
of ecclesiastical jurisdiction exercised respectively by the church
and government tribunals under the fuero mixto. [171] The former,
on this occasion, made the preliminary investigations and handed the
culprits over to the secular authority with recommendations; the latter
conducted the trial, passed sentence and saw to its execution. The
trial and conclusion of this case covered the remarkably short period
of thirty-three days. [172]
Public-domain text, read in full here on John Shaqi.
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