CHAPTER X

THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE

The audiencia was frequently brought into contact with the

powerful ecclesiastical organization in the Philippines. We have

already referred in this book to some of the notable occasions of

this relationship. Before the establishment of the audiencia the

church exercised an extensive authority in governmental affairs. The

ecclesiastics aided the civil government by administering justice in

the provinces when there were no civil courts. The prelates of the

Islands, the provincials of the religious orders and even the friars

advised the governors and provincial officials on Indian affairs

and the administration of the encomiendas. When the advice of the

church was solicited by the home government as to the advisability of

removing the audiencia, the suggestions of Fray Alonso Sánchez and

Bishop Salazar went far toward bringing about a final solution of

the problem of government in the Philippines. [690] These were some

of the ways in which the influence of the church was impressed upon

the audiencia.

The creation of an audiencia, with judicial and advisory functions,

put an end to the exercise of these extraordinary powers by the

church and tended to confine its activities to the ecclesiastical

field. Nevertheless, the prelates continued to advise the governors

in administrative matters throughout the entire history of the

Islands. Their influence was especially strong in matters relating

to the natives, their government and protection, and the archbishops

even went so far at times as to give advice on questions of foreign

policy. Most of the time this counsel was solicited and was well

received. From 1650 onwards, as we noted in the last chapter, the

church waxed exceedingly strong in the Philippines and the prelates not

only advised, but dominated governors and audiencias. In 1668, Governor

Diego Salcedo was unseated, imprisoned and exiled by the commissary

of the Inquisition, while a pliant magistrate of the audiencia took

over the government and administered affairs in a manner entirely

satisfactory to his ecclesiastical supporters. The period from 1684 to

1690 showed the weakness of the audiencia when opposed by a powerful

prelate allied to a hostile governor. And in 1719 the church reached

the climax of its power by bringing about the murder of a governor,

and then succeeding him, overcoming every opposing element in the

colony, including the audiencia. From that time onward the prelates

governed during vacancies in the governorship--something which the

audiencia had failed to do. Finally, in 1762, Simón de Anda y Salazar

assumed the reigns of government and the obligations of defense,

an act which was sanctioned technically because he was an oidor but

really because he was an able man, capable of accomplishing what the

church had failed to do.

In this chapter it is not our purpose to review the historical facts of

the relations of the audiencia and the church or the growth of clerical

influence over the audiencia. These matters have been referred to in

earlier chapters. It is rather the design to study here the influence

which the audiencia, in its turn, exercised in ecclesiastical affairs,

noting whence it derived its authority and what was the nature of

its powers.

The audiencia was established as the ultimate local authority,

co-ordinate with the governor (or the viceroy in New Spain or Perú),

for enforcing the laws of the royal patronage. [691] Not only was

it authorized to act as a tribunal in these matters, but also to

officiate as an active executive agent. It is clear that although

the governor was the royal vicepatron, he was not expected to act

alone and unsupported in dealing with the powerful and often hostile

ecclesiastical authority. In former chapters of this treatise

attention has been given to the considerations which forced him

to share the duties and responsibilities of government, finance,

commercial supervision, and even military affairs with the audiencia;

the support of that body was even more necessary in dealing with the

powerful ecclesiastical organization.

The authority which the audiencia exercised jointly with the royal

vicepatron was based upon the law ordering

our viceroys, presidents, oidores and governors of the Indies

to see, guard, and fulfill (the laws), and in the provinces,

towns, and churches (in the Indies) to see that all laws and

pre-eminences which pertain to our royal patronage are guarded

and fulfilled, ... which they will do by the best means that may

appear to them convenient, giving all the orders and instructions

necessary to the end that all (the instructions) that we may give

shall be carried out in due form; and we pray and charge [692]

our bishops and archbishops, deans, and ecclesiastical chapters of

the metropolitan and cathedral churches and cathedrals and all the

curates and occupants of benefices, clerics, sacristans and other

ecclesiastical persons, and the provincials, guardians, priors

and other religious of the orders, in so far as it is incumbent

upon them, to guard and fulfill them (the laws and preëminences

of the king) and see them fulfilled and obeyed, conforming with

our viceroys, presidents, audiencias and governors as much as

may be appropriate and necessary. [693]

In accordance with this law the audiencia exercised the right of

intervention in practically all matters to which the authority of

the vicepatron extended. Foremost among these were the supervision

and administration of ecclesiastical revenues, the administration

of vacant benefices, the extension of missionary influences and the

construction of churches and monasteries. The audiencia, moreover,

had authority over the reception and installation of prelates,

parish priests, and regulars, and their removal for cause. In all

these matters the audiencia was responsible directly to the king and

made reports thereon; in fact, it may be said that the tribunal,

in co-ordination with the vicepatron, served as a connecting link

between the church in the Islands and the royal council in Spain.

An analysis of the relations between the audiencia and the church

will show that the tribunal exercised two kinds of ecclesiastical

powers. These may be regarded respectively as executive and

judicial. Although it was in their union that the audiencia exercised

its most extensive and far-reaching power of ecclesiastical control,

it is advisable for several reasons that these powers should be

considered as distinct from one another. They will therefore be

discussed separately in this treatise. In this chapter we shall

consider only the first of these powers--the one which was most

directly concerned with the maintenance of the royal patronage--namely,

the authority which the audiencia exercised co-ordinately with the

governor in the supervision and control of the church in the colony.

Although there appears to have been no conflict of authority between

the governor and the audiencia over their mutual relations under the

laws of the royal patronage, it is advisable at the outset to settle

one difficulty which may present itself in this connection. Many of

these powers which the audiencia exercised were conferred upon the

vicepatron exclusively. Indeed, a study of the laws alone would suggest

the possibility of a conflict of jurisdiction between the governor and

the audiencia in matters relating to the royal patronage. In actual

practice, however, the governor shared the powers of ecclesiastical

supervision with the audiencia, and their relations were harmonious

in all matters appertaining thereto. Indeed, there is record of fewer

conflicts between the audiencia and the governor in this field of

activity than in any other.

It would seem that the intervention of the audiencia in ecclesiastical

matters developed in the same manner and for the same reason as

it came to have authority in matters of government, finance and

military administration. The manifest impossibility of the successful

administration of the many affairs of civil and ecclesiastical

government by the governor (or viceroy in New Spain and Perú)

made inevitable the division of power, which, though real, was not

always formally recognized by the laws. The audiencia was the only

body available with which the governor (or viceroy) might share these

responsibilities. Its judicial character, and the talent, training, and

administrative ability and experience (wider than that of the governor

himself) of its members made it the logical institution to which

the executive should naturally turn for advice and assistance. Not

only did he require counsel, but the moral and physical support of a

tribunal of weight and authority was invaluable in dealing with the

united forces of a powerful ecclesiastical hierarchy. This is the

best possible explanation of that gradual assumption of authority by

the audiencia which seems to have been so indefinitely, yet freely

conceded, and which apparently grew up neither in conflict with the

law nor yet entirely in accord with it, but which, now recognized,

and now ignored, was never denied or prohibited.

The cédula of October 6, 1578, in explanation of the various forms of

address in the expedition of royal cédulas, was designed to make clear

the respective jurisdictions of the vicepatron and the audiencia

in ecclesiastical as well as in other governmental affairs. It

ordered that

when our royal cédulas refer in particular to the viceroys, they

alone shall attend to their fulfillment without other intervention;

if they designate the viceroy, or president or audiencia, they

shall all attend to their execution in accordance with the opinion

of the greater part of them that are in the audiencia, and the

viceroy or president shall not have more than one vote like the

rest that may be present, provided that this do not contravene

the superior government which we regularly commit to our viceroys

and presidents. [694]

While more than a joint authority with the vicepatron cannot be claimed

for the audiencia, and that authority not necessarily coequal, this

cédula established beyond question the royal intention of recognizing

the audiencia as a support and an aid to the governor. This law

applied to all the affairs of government, not pertaining any more

extensively to the ecclesiastical than to the administrative sphere,

but this cédula, together with what actually happened, may be taken

as evidence that the audiencia was meant to have jurisdiction in

ecclesiastical affairs when royal cédulas granting or assuming the

exercise of such jurisdiction were addressed to it.

The right of the officials of the civil government to interfere

in questions of patronage was seldom seriously questioned by the

churchmen, although there were some notable instances in which

religious authorities objected to this exercise of power. Bishop

Salazar, in his opposition to the plan of Fray Alonso Sánchez

at the court of Madrid (1593-1595), expressed his disapproval

of the interference of the governor and audiencia in questions of

patronage. His opposition is further attested by several of his letters

and declarations enunciated previous to that time. [695] He admitted

that the civil government, by virtue of the bulls of Alexander VI and

Julius II, should act as the defender and champion of the church, but

he opposed any further participation in ecclesiastical affairs by the

civil power. Salazar's arguments are worth noting because they were

advanced during the formative period of the Islands' history. It was

during his prelacy that the basis of all future relations of church and

state was established. The arguments of Bishop Salazar were repeated

with little variation by Archbishop Poblete in his controversy with

Governor Salcedo in 1665 and later by Archbishop Pardo in 1686. [696]

In considering this question, the calm and impartial judgment of

a scholar is eminently preferable to the passionate arguments of

a prelate deeply concerned in the outcome of the dispute. Let us

turn from the field of original research to a modern Spanish writer

on church history and law. Fray Matias Gómez Zamora, writing from

the vantage ground of the modern day, characterizes the acts of the

government officials of the earlier era as excessive and unjustified by

papal bull or ecclesiastical canon. He even goes a step farther when he

declares that "many royal decrees and cédulas were wrongfully issued,

without proper basis." He cites examples to prove his contention and

among these he points to the foundation of churches and monasteries by

civil authorities without the confirmation of the prelate, alleging

that such practices were entirely illegal. [697] In like manner,

he criticises the cédulas of October 19, 1756, and of June 24, 1762,

which bestowed upon the governor jurisdiction as vicepatron, [698]

with the right of settling whatever questions might arise. "But,"

he writes, "it is clear that the viceroys, the audiencias and the

governors did not have, nor could they have spiritual jurisdiction

over the persons or property of the ecclesiastics, because in no

case can power which is delegated be greater than he to whom it is

delegated." [699] Thus does this distinguished writer attack the

foundation of the entire institution whereby Spain controlled the

church in her colonies during a period of three hundred years.

Notwithstanding the fact that the governor was the civil head

of the church in the colony, it would be possible to fill this

chapter completely with quotations of laws which were addressed

to the audiencia in recognition of its right of intervention

in ecclesiastical matters. The necessity of reserving space for

specific cases illustrative of history and practice permits only a

scanty summary of the most important of these laws. In practically

all these cases the audiencia participated conjointly with the

vicepatron. The interposition of the audiencia was authorized in

the calling of provincial councils and synods, and the resolutions

of these bodies had to be examined by the viceroys, presidents,

and oidores to see that they were in accordance with the laws of

the royal patronage. [700] The audiencia was empowered to examine

all papal bulls and briefs and to suspend those which had not been

properly authorized by the Council of the Indies. Disputes between

prelates and arguments of churchmen based on bulls and briefs were

to be referred by the audiencia to the Council of the Indies. The

audiencia was authorized to enforce all properly authorized bulls

and briefs and to exercise care that the ecclesiastical courts were

granted their proper jurisdiction in accordance with canon law. [701]

The audiencia was authorized to enforce the law which forbade laymen

to trade with priests. Punishment in the latter case was not meted

out by that tribunal, but the offending churchmen were handed over

to the prelates. [702] The audiencia, viceroy, and governors were

commanded to exercise supervision over the prelates and provincials,

receiving from the latter annual reports on the state, membership, and

progress of the religious orders and the work performed by them, which

information in turn was forwarded to the Council of the Indies. [703]

All possible assistance was to be furnished by the audiencia and

governor to missionaries remaining in the Philippines or going to

Japan. [704] The governor and audiencia were ordered to supervise

closely the work of ecclesiastical visitors in the provinces,

exercising special care that the natives were not imposed on or

abused. The oidores were prohibited from interference with the internal

government of the religious orders. [705] Members of orders could not

usually be removed by their provincials without the consent of the

vicepatron and the audiencia, the authority of the latter extending to

the removal and exile of offending priests. [706] The audiencia was

ordered to make every possible effort to preserve harmony among the

religious and to adjust all differences arising between the orders,

or within them. [707] The tribunal was authorized to keep prelates

from exceeding their authority in passing judgment on erring priests,

especially to see that no punishments were imposed such as would

interfere with the prerogatives of the civil government. [708]

The following brief summary of laws of the early period, although

possibly repeating data already given, shows the extent of the

participation of the audiencia in the regulation of ecclesiastical

affairs: [709]

All ecclesiastics holding office were first to gain the recognition

of the viceroy, president, audiencia or whatever authority might

be in charge of the province.

A list of the members of each order was to be furnished by their

provincial to the governing authority. Any changes subsequently

made in the membership of the orders had to be reported in the

same way.

The names of all religious teachers were to be submitted to the

audiencia, governor or other authority in control, for inspection

and approval.

The audiencia was instructed to inform itself relative to the

efficiency of the clergy and of religious teachers working

among the Indians, and to see that those lacking in educational

qualifications or in general capacity were not permitted to enter

the Islands. [710]

Notices of removals or of new appointments made among the

clergy were to be sent to the governor, audiencia, and to the

bishop. [711]

The jurisdiction of the audiencia under the royal patronage extended

to practically all classes of churchmen and church affairs. [712] By

the cédulas of August 4, 1574, and of October 25, 1667, the audiencia

acquired the right of passing on the credentials of prelates who came

to the Islands. That tribunal was entrusted with the duty of seeing

that bishops and archbishops carried with them the duly attested

confirmation of the Council of the Indies, and no prelate was allowed

to leave the Islands unless he had the permission of the governor or

audiencia. [713] The tribunal exercised a check on the governor in this

particular and saw to it that in granting this permission he did not

show favoritism or otherwise violate the laws of the royal patronage.

Two striking illustrations of the audiencia's jurisdiction over the

inspection of the credentials of the prelates and higher churchmen

occur in the history of the Philippines. In 1674, Francisco de Palóu,

a French bishop who had been engaged in missionary work in China,

was cast upon the shores of the Philippines. The audiencia immediately

dispatched orders for his detention, and he was not permitted to return

to his district on the ground that his presence and jurisdiction in

China constituted an encroachment on the rights of Spain. China had

been conceded to Spain by Alexander VI, and by virtue of the royal

patronage, the right of making ecclesiastical appointments and the

exercise of jurisdiction there were prerogatives belonging to the

Spanish crown. [714]

A similar case occurred in 1704, when Archbishop Tourón, a French

delegate destined for China, arrived in Manila. He was received by

the governor and audiencia, as he bore a legally executed commission

from the pope for the visitation of all the churches in the Orient,

and for the settlement of all ecclesiastical controversies which had

arisen there. The royal acuerdo considered that the dispatches and

credentials which he carried were in accordance with the law. Tourón

was accordingly permitted to set up an ecclesiastical court. He

suspended Archbishop Camacho from his office and freed from prison

some of the worst criminals in the Islands. He ordered the regulars

to submit to diocesan visitation; but they refused to obey him since

they had already rejected the efforts of the archbishop to enforce

the principle. The Council of the Indies ultimately disapproved of

the admission of this foreign ecclesiastic without the authorization

of the Spanish government [715] and as a consequence ordered the

removal of the governor and senior oidor, heavily fined the remaining

magistrates and reduced Archbishop Camacho to the position of Bishop

of Guadalajara. [716]

In its joint capacity as assistant to the vicepatron and as a high

court with jurisdiction over ecclesiastical cases, the audiencia

settled disputes between rival claimants to positions of authority

in the church, particularly to the position of archbishop. The law

which had been in force up to 1619 prescribed that the ecclesiastical

chapter should fill the vacancy with a temporary incumbent, but some

effort had already been made to have the senior bishop succeed to the

post. Bishop Arce of Cebú was opposed to this plan on the ground that

each prelate had more than he could do in the proper administration

of his own bishopric. [717] Nevertheless it may be noted that on

January 22, 1630, Arce was made acting archbishop of the metropolitan

see of Manila by virtue of the acuerdo of the audiencia and the

vicepatron. [718] Arce's accession to the post was in accordance with

a papal bull which had been promulgated with the king's approval at

some date between 1619 and 1630. There had been a three-cornered

fight between the ecclesiastical chapter, the Bishop of Cebú, and

the Bishop of Nueva Segovia, and this conflict had been settled

by the acuerdo in favor of Arce, while the chapter appealed to the

Council of the Indies. When Guerrero, the new appointee, arrived, he

immediately laid claim to the office, which Arce refused to surrender

on account of an irregularity in the archbishop's appointment. Arce

appealed to the audiencia, but the tribunal refused to authorize

any innovations. [719] In a statement to the king, dated October 17,

1655, he related that in 1629 the governor and audiencia had solicited

that he come to Manila and take the place vacated through the death

of Archbishop Serrano. This would seem to indicate that the audiencia

had acted solely on the basis of its authority derived from the royal

patronage, but in settling the dispute among the various ecclesiastical

authorities it also acted judicially. Guerrero's credentials finally

came, apparently executed in the proper form and they were referred

to the audiencia by the governor. The tribunal, when it had satisfied

itself that the commission was valid, placed thereon the stamp of

its approval and accepted Guerrero as archbishop. Then the latter,

in the words of Governor Corcuera, presented himself "in the royal

court of justice (the audiencia) before which he appeared to be

presented [to his see], he swore upon the gospels not to interfere

with your Majesty's jurisdiction, to respect your royal patronage,

and to be always your royal vassal." [720] In other words, he took

his oath of office as archbishop in the audiencia.

The above may be considered as a typical case of the temporary

designation of a prelate for the archbishopric of Manila by the

audiencia. To cite further instances of a similar nature would be

unnecessary. The tribunal continued to inspect the credentials of

bishops and archbishops before they were admitted to their posts

throughout the history of the Islands. This practice was followed

even during the period from 1660 to 1762 when the church counted

for more as a political institution than either the audiencia or the

governor. [721]

The audiencia exercised intervention in the removal of curates from

their parishes. [722] As noted, already, these removals were made by

the vicepatron upon the recommendation of the prelate concerned. Of

course, when the audiencia was governing ad interim it made these

removals itself. It also intervened when the vicepatron was present

on occasions when he requested the support of the tribunal or failed

to act himself. The judicial authority of the audiencia, exercised

through its entertainment of appeals from curates who had been removed,

will be considered in the next chapter.

A great many reasons for removals were purely ecclesiastical, such

as questions of the private lives and conduct of priests and friars

and their insubordination and non-compliance with ecclesiastical

or monastic rules. With these matters the audiencia did not concern

itself unless deportation was involved, or the offenses of the priests

constituted crimes against the civil government. There is record of

many removals from curacies because of infractions of the marriage

laws by priests, such, for instance, as uniting heathen Chinese with

Christian women, which was a violation of the pragmatic law of March

23, 1776. Such cases, and indeed all which had to do with removals

from curacies after 1795, were settled by ecclesiastical tribunals

with appeal to the papal delegate, without the intervention of the

audiencia. [723]

The operation of the removal of regulars for cause was slightly

different. Unless the regular was the holder of a parish and subject

to episcopal visitation, the prelate had no jurisdiction over him,

and neither the governor nor the audiencia could interfere in the

matter, unless such intervention was requested by the provincial. [724]

When the deportation of regulars not holding curacies was decreed,

the consent of the vicepatron or audiencia, acting for him, was

necessary. This was usually given on the recommendation of the

provincial, and the exile accordingly became an act of the civil

government. The formal consent of the Council of the Indies was

necessary for all deportations of this character, but the complete

exercise of this prerogative gradually devolved upon the vicepatron,

who notified the Council of the act. [725]

The crimes of priests or ecclesiastics against the law and order of

the realm were punishable in the same manner and by the same agency

as the simpler violations of ordinary subjects. Attention has already

been given in another part of this treatise to a case in which the

audiencia, in 1617, tried and punished six Augustinian friars who had

been convicted of murder. [726] Their guilt was first ascertained by

a preliminary investigation within the order, after which they were

handed over to the audiencia.

The statement has been made above that the audiencia was not allowed to

interfere in the internal régime of the convents or monasteries. [727]

However, when the provincials of the orders were unable to keep

the friars in subordination they frequently called upon the civil

government for support and assistance. This was done in 1715 when the

Castilian Recollects rebelled against their provincial, incorporated

themselves into a separate chapter, and entrenched themselves in

the convent at Bagumbayan, outside the Manila wall. Oidor Torralba,

then acting as governor and vicepatron, came to the support of the

provincial upon appeal. He cannonaded the recalcitrants, arresting

and imprisoning them on their surrender, and finally banished their

leaders. [728] On this same occasion, it may be noted, the provincial

solicited the aid of the archbishop, whose interference the rebellious

friars had resisted as an attempt at episcopal visitation.

The disciplinary jurisdiction over priests and friars referred to

above suggests a similar authority which the audiencia exercised over

the prelates. Within the period of one year after the installation of

Archbishop Guerrero at Manila in 1636, the governor, with the support

of the audiencia, had banished this same prelate and his ecclesiastical

provisor, [729] condemning the former to pay a fine of 2000 ducats. The

governor contrived also to influence the judge-conservator [730]

to pronounce a ban of excommunication upon them both, in return

for a like censure that had already been passed on the governor by

the prelate. [731] The banishment of Archbishop Poblete by Governor

Salcedo and the audiencia prior to the arrest of that governor by

the commissary of the Inquisition, the exile of Archbishop Pardo in

1684, and the imprisonment of Archbishop de la Cuesta by Governor

Bustamante and the audiencia in 1719, are incidents in the history

of the Islands which serve well as illustrations of the disciplinary

and coercive jurisdiction of the vicepatron and audiencia over the

churchmen. These events need only be referred to here, as they have

already been discussed in relation to other phases of the history of

the audiencia.

As visitors of the provinces, the oidores were required to inspect

the ecclesiastical work of the parish priests and to note their care

and treatment of the Indians. [732] In the exercise of these duties

they were protected by a law which forbade prelates to proceed against

them with censures while they were carrying on such investigations. Le

Gentil, the noted French traveller, who visited the Islands during

the middle of the eighteenth century, testified that the oidores

did not fulfill their duty with great faithfulness. Le Gentil stated

that on account of their dependence on the hospitality of the priests

when travelling from place to place in the provinces, the visitors'

inspections were merely perfunctory and of little value. [733]

The above testimony is not corroborated, however, by the report of

Oidor Francisco Guerela who was sent to Camarines in 1702 to take

account of tribute and to inquire into the state of the encomiendas. He

reported that in the curacies which were administered by the

Franciscans there was an entire absence of religious instruction,

the natives were mistreated, and they were permitted to continue in

idolatry, drunkenness, and superstition. Neither the priests nor the

alcaldes mayores exerted any uplifting or civilizing influence. The

alcaldes mayores, it was alleged, connived with the priests to

defraud the natives by the imposition of excessive tribute and by the

exaction of all sorts of fraudulent ecclesiastical tithes. The oidor

in this case sought to remedy this state of affairs by dispatching

reformatory edicts against the friars, and by posting notices and

copies of royal decrees and cédulas designed to inform the natives

of their rights under the law and to warn them against the imposture

of the friars. Whereupon the Franciscans appealed to the Bishop of

Camarines and persuaded him to excommunicate the oidor on the grounds

that he had usurped the ecclesiastical jurisdiction. This appeal to

the papal delegate was in direct violation of the cédula mentioned

above, protecting such visitations against ecclesiastical censure. The

oidor appealed to the audiencia and that body solicited the prelate

by ruego y encargo to remove his censures. The audiencia would go no

further, however, as two of the magistrates were personally hostile

to Guerela, hence the oidor was obliged to remain in the provinces at

the mercy of the friars. After six months of isolation, Guerela, who

was broken in health, sent an appeal for aid to the king on June 20,

1702. This memorial embodied a full account of his attempts to make

necessary reforms in the provinces subject to his visitation. [734] It

was presented to the Council of the Indies on October 14, 1706. [735]

Three observations might be made from this incident. First, there was

little vigor, promptitude, or effectiveness in the Spanish judicial

system as therein exemplified. It took four years for this petition to

be presented to the Council and considerably more time for an answer

to be made. Secondly, this affair shows to what extent petty spite

and private quarrels interfered with good government and efficient

administration. Thirdly, it illustrates the fact that the entire

civil government, including the audiencia, was very much under the

domination and influence of the ecclesiastics.

An inspection which was similar to that just described was made

by Oidor José Torralba, in 1713, in the provinces of Albay and

Cebú. Torralba was unable to complete his work, owing to his recall

to Manila, where he was obliged to resume his place in the audiencia

on account of the insufficient number of magistrates present in the

tribunal. It seems that in the provinces subject to his visitation,

the former charges of the Franciscans had been turned over to the

seculars, most of whom were natives. Torralba reported that under

the careless and incompetent administration of the parish priests,

the churches had gone to ruin and all Indian instruction had been

abandoned. In his report he commented unfavorably on the stupidity and

immorality of the native clergy, alleging that in them lay one of the

causes of the poverty and degradation of the people. He recommended

the restoration of the regulars. [736] Torralba's recommendations

were not followed. Either because of his hurried departure from

the provinces where he left his work unfinished, or because of the

disinclination or lack of authority of the audiencia and vicepatron,

no definite steps were taken at this time for the amelioration of

the condition of the people or for the reform of the clergy.

That the interests of the friars were vigorously and effectively

championed at the court is evidenced by the royal decree of June

14, 1714, which was dispatched not alone to the Philippines, but

which was made general in Perú and New Spain. [737] It forbade the

governors and audiencias using their authority as vicepatrons to

justify their interference with the interior administration of the

convents and monasteries of the orders, which it was complained they

were doing without authorization. This decree particularly emphasized

the principle which has already been set forth in this treatise that

the vicepatrons and audiencias should not concern themselves with

the discipline and punishment of friars not holding curacies. The

promulgation of this decree was brought about as a result of the

efforts of the commissary of the Franciscan order in Madrid.

Not only were the oidores required to inspect the work of the parish

priests, but the audiencia, in the exercise of the royal patronage,

was authorized to receive, assist, and supervise the ecclesiastical

visitors who came from Spain or Mexico, or were designated from the

ranks of the local clergy to inspect the orders. [738] These visitors

were also authorized to inspect friars who were in charge of parishes,

[739] and when on these tours of inspection they might be accompanied

by the prelate in charge of the curacies retained by the friars

under inspection. The audiencia was to co-operate in all possible

ways with these visitors, and should any question arise between them

and a prelate over jurisdiction, the tribunal was to do everything

possible to bring about a harmonious adjustment of the points of

difference. This is illustrated by a case which arose in 1776, when

Fray Joseph Pereyra was given a royal commission to make a general

investigation of the Augustinian order in the Philippines. Fiscal

Andrade of the audiencia demanded that Pereyra should submit all

his documents for inspection on the basis of the royal patronage

and other laws, [740] but the audiencia, under the presidency of

Governor Anda, refused to support the fiscal. The king, on April 6,

1778, rebuked the audiencia for its failure to support the royal

patronage, citing two cédulas, those of July 2 and of October 14,

1773, respectively, in which he had already admonished the vicepatron

in that particular. [741] The failure of the audiencia and governor

to exercise all their prerogatives in support of the royal patronage

on these various occasions can probably be attributed to dissensions

within the tribunal and to the corrupting influence of the church.

The statement has frequently been made in this treatise that the

audiencia served as a connecting link between the court and the

colony. It constituted a channel through which a large amount

of correspondence was carried on, and one of the duties most

frequently required was that of furnishing special and regular

reports and informaciones [742] on various subjects connected with the

church. [743] Notwithstanding the vast number of ecclesiastics present

in the colony, who could and did make special and regular reports,

and were indeed required to make them, the audiencia was frequently

called upon to render reports on precisely the same subjects as those

covered by the churchmen. In this way points of view other than

the ecclesiastical were obtained. Thus the advice of magistrates,

lawyers and men in active touch with the government served to temper

ecclesiastical opinion in the same way that the advice of prelates

exercised an influence on matters purely governmental. Taking into

consideration their position in the colony, the oidores were better

qualified to obtain and impart information concerning the church than

most authorities.

To indicate the vast field of special subjects in which the oidores

were required to report, various instances may be mentioned. On July

1, 1598, the king desired information concerning the alleged need of a

greater amount of space on the galleon for the support of the bishopric

of Nueva Segovia. The archbishop and the bishop of that diocese had

both recommended that more cargo-space be given to the church. The

king desired to know whether, in the opinion of the oidores, the

privilege of shipping two hundred tons would be sufficient for the

needs of the bishopric in question. [744] Again, on December 7, 1610,

the audiencia was called upon to forward to the Council of the Indies

evidence bearing upon a dispute between the natives of Quiapo and the

Jesuits over lands claimed by the latter society. [745] On another

occasion the king requested of the audiencia a report concerning the

work, deserts, and financial condition of the convent of Santa Clara,

which had asked for royal aid. [746] Frequently the audiencia was

called upon to take a census of the number of priests, secular and

regular, in the Islands and to report on the size of each order, the

number of friars holding secular curacies in each, and the number of

missionaries. [747] It came to be its regular duty to furnish these

reports at stated intervals, and when, for some reason, it failed

to render them, a royal reprimand was forthcoming. A yearly report

was also made on the number of friars entering the Islands, how many

had gone to China, the number of souls ministered to by each order,

how large was each province, and how many people there were in each

curacy. [748]

It is interesting to know that the churchmen were also held responsible

for this information and that reports on these same subjects were

required of the prelates and provincials. [749] It is evident that

the report of the audiencia was utilized as a check to prevent

misrepresentation on the part of the friars, especially since it was

always the object of each order to prove that it was over-worked and

in urgent need of more members. As friars were sent to the Islands

at the royal expense, [750] and as they were supported after their

arrival by the royal treasury, the exercise of economy was always

desirable. On the other hand, it was to the interest of an order to

make its requirements and accomplishments appear as great as possible.

Another function which the audiencia came to exercise by virtue of

its authority in behalf of the royal patronage was that of general

supervision over the colleges and universities. In the laws of

the Indies this duty was imposed upon the viceroys and governors,

[751] and nothing was said of the authority of the audiencia in

that particular. According to the laws of the Indies, in fact,

the audiencia had little jurisdiction or authority over colleges,

universities and seminaries, but as the administration of these was

entirely in the hands of the church, the audiencia came to exercise

much the same authority over education that it did over other

church activities. [752] Oidores and fiscales were forbidden to act

as rectors, but they might participate in the law examinations to

satisfy themselves whether the standard of instruction in the royal

universities and colleges was sufficiently high, and whether the

education, training and ability of candidates for the licentiate's

degree gave evidence of their fitness. [753] According to the royal

decree of November 27, 1623, the University of Santo Tomás was founded

in the Philippines with the advice of the governor and acuerdo of

the audiencia. [754] Here again that tribunal may be seen in the act

of assuming non-judicial functions which primarily belonged to the

governor through the unwillingness or inability of that official to

act alone.

The audiencia early exercised advisory powers in educational

affairs. The Jesuits as early as 1585 had requested permission to

found and establish a college or seminary in Manila, and the king,

on January 11, 1587, requested of the audiencia a report on the

general conduct, progress and accomplishments of the Jesuit order,

asking in particular what benefit would accrue from the establishment

of a Jesuit college in Manila. The audiencia, in its report of June

25, 1588, characterized their work as very effective, the learning

and ability of their personnel remarkable, but in the opinion of the

oidores there was scarcely any need of a college in Manila at that

time, and there were no means of supporting one. [755]

When Santo Tomás became a royal university in 1648, the Jesuits were

obliged to sue in the audiencia for the right to continue the bestowal

of academic degrees. Their request was denied by the tribunal, but

the decision was reversed by the Council of the Indies in 1653. [756]

On May 3, 1722, San José was made a royal college and was subjected

to the visitation and patronage of the audiencia. In 1769, when the

Jesuits were suppressed, an attempt was made to continue San José as

a secular institution under the supervision of the audiencia. This

brought forth such determined opposition from the Dominicans and

from the friends and supporters of Santo Tomás that on June 30,

1778, a cédula was issued ordering the audiencia to close San José

and hand over all students in attendance there to the archbishop, so

that they might be placed in secular colleges and seminaries. [757]

This was done, and the audiencia rendered to the Council of the

Indies a report on the administration of the finances pertaining

to the transaction. The revenues derived from all unsold properties

belonging to the Jesuits were included in the temporalities, and the

income from these were transmitted to the royal treasury. Subsequently

the archbishop attempted to assume jurisdiction over these Jesuit

properties and funds, and to this the audiencia objected. In 1784

the matter was finally settled by the decree of the king in answer

to an appeal which had been carried by the prelate from the audiencia

to the Council of the Indies. He sustained the audiencia and forbade

the prelate from interfering with these temporalities.

The Dominicans were more successful in the maintenance of an

educational institution. [758] On the occasion of the extension of

the charter of the University of Santo Tomás on May 17, 1680, the

king ordered "my president and the auditors of my Audiencia of that

city, and request and charge the archbishop of the city, the bishops

of the said islands, the ecclesiastical and secular cabildos, the

superiors of the orders, and any other of my judges and justices,"

... to acknowledge the University of Santo Tomás as a beneficiary of

the royal patronage. Its title was formally extended on June 21, 1681,

by act of the audiencia. [759] The tribunal not only exercised the

right of patronage over the Dominican university, but also over the

College of San Juan de Letrán, a seminary for boys which was founded

in 1640 and maintained by the Dominicans as an adjunct to Santo Tomás.

Reports, recommendations, and informaciones exist in abundance to

prove that the audiencia exercised considerable influence in the life

and history of these institutions. The tribunal celebrated acuerdos to

improve the instruction in mathematics, physics, law and medicine. It

provided for the examination of students, passed on their credentials,

made regulations for the bestowal of degrees and decided upon the

fitness of prospective teachers. [760] It supervised the records

of these institutions, audited their finances and sent reports to

the king and Council concerning the work of the universities and

colleges. In its jurisdiction and authority over these educational

institutions the audiencia served in behalf of the sovereign as his

royal tribunal. These were royal universities, endowed with special

royal charters and privileges and it was fitting that they should

be controlled by the royal audiencia in the king's name. In addition

to this, as they were administered by the church, the audiencia and

the vicepatron exercised joint control over them, in the name of

the royal patronage in the same manner that they supervised other

ecclesiastical activities.

As we have already noted, the audiencia exercised jurisdiction over

matters of church finance. The most notable examples of its control

may be seen in the administration of tithes, [761] the funds of

temporalities, obras pias, funds of the Crusade, and espolios of

the prelates.

The audiencia was authorized to guard the royal interest in the matter

of the collection and the administration of tithes, particularly with

a view to seeing that over-ambitious churchmen did not obtain more

than their share, and that in the collection of the tithes they did

not oppress the natives. The special care of the oidores was to see

that tithes be not paid directly to the prelates. [762] In fact,

these funds were to be administered by the civil government, and

prelates were not to be allowed to interfere with their collection. No

changes were to be made in the authorized manner of collecting these

funds on the responsibility of colonial officials. Recommendations

for reform should be made to the Council of the Indies either by

the prelate or by the audiencia. [763] The audiencia was ordered to

see that the proper division and distribution of tithes were made,

and that the two-ninths of the gross sum collected was duly set aside

for the crown, in accordance with the law. [764]

Further evidence that the audiencia was regarded as the instrument

of the royal will in these matters is afforded by the circumstances

leading up to the reforms of 1768 and 1786; and it should be noted

particularly that the king and Council relied on that tribunal

for advice and assistance in the drafting and execution of these

measures. A number of tentative laws and proposals for changes in the

system of collection and administration of the tithes was sent to the

audiencia, from time to time, prior to 1768, and the magistrates were

required to submit opinions as to the availability and applicability

of the proposed measures. In 1768 a decree was issued fixing the

tithe at ten reales per Indian. Previous to that year a number of

religious orders owning large tracts of agricultural land had refused

to pay these taxes, and the audiencia, by virtue of the royal order

of September 25, 1768, was ordered to enforce the law, which it did,

even proceeding to the seizure of the chattels of the recalcitrant

friars. [765] On December 11, 1775, the audiencia passed an ordinance

diminishing the tithes to be paid by natives, mestizos, Chinese

and Japanese by one-half real per person. [766] On July 12, 1778,

the king asked the audiencia to submit evidence on the question of

whether the law worked any hardship on the inhabitants of the colony,

and whether encomenderos and friars were paying their share. [767]

At the same time, and on the same date, the royal approval was given

to the auto which the audiencia had enacted on December 11, 1775. The

recommendations of the audiencia were also largely followed in the

decree of January 20, 1786, which was merely a repromulgation of an

earlier auto of the audiencia, which ordered that tithes should not

be collected directly from the Indians unless the latter were owners

of lands. Otherwise they were to be collected from the landlords. [768]

By subsequent laws the audiencia was temporarily deprived of

its jurisdiction over tithes. When the Philippine government was

reorganized in 1787 by the Ordinance of Intendants, many of the special

commissions which had been previously retained by the magistrates were

ceded to the superintendent of real hacienda. The actual collection

of tithes was made the duty of the superintendent by cédula of October

6, 1792, [769] but because of its relation to the royal patronage the

audiencia, in practice, found it convenient to retain control. Governor

Aguilar, who was also superintendent of real hacienda, wrote to the

king on July 31, 1799, [770] alleging that there was no reason why

the audiencia should exercise this authority, when, by virtue of its

financial nature, this duty belonged to the superintendent. He stated

that the audiencia had been given this jurisdiction when there had been

no other authority for the collection of tithes, but that as it was

not a controversial matter, there was no reason for the continuance

of this condition. In the letter referred to Aguilar stated that he

had attempted to put his interpretation of the law into execution,

but in so doing had been opposed by the audiencia. The answer to this

appeal does not appear in connection with the original, but the royal

cédula of April 21, 1803, restored to the audiencia jurisdiction over

the collection of tithes. [771]

It may be said, however, that with the creation of the superintendency

the audiencia was shorn of many of the miscellaneous functions with

which it had been formerly endowed. The funds of the temporalities,

however, did not come under this category. They were greatly augmented

in 1767 when the Jesuits were suppressed, and as was usual with such

miscellaneous and unclassified duties, as well as on account of the

audiencia's relation to the royal patronage, the administration of

these funds came under the charge of an oidor whose official title was

"administrator of the funds of the temporalities." [772]

Nevertheless, the audiencia's share of direct control over these

funds was still considerable. On January 23, 1803, a cédula was issued

ordering that the money of the temporalities and obras pias should be

put at the disposal of the acuerdo of the audiencia. [773] A report

was submitted to that tribunal by Superintendent Aguilar on July 20,

1804, in accordance with this cédula. The report of Aguilar showed

a balance on hand of 151,625 pesos waiting to be sent to Spain

by the first transportation. In 1809, the jurisdiction of these

funds was completely restored to the audiencia, with the provision

that the oidores who acted as their administrators should receive a

three per cent commission. As the funds were constantly drawn upon,

and there were no further confiscations of property of this sort,

they can be accounted as of little importance, yielding practically

no revenue from that date. Owing to the continual appeals of the

government for money with which to defray the expenses of putting

down the various insurrections from 1808 to 1814 and subsequently,

the funds of the temporalities, like every other peso that came into

the treasuries of the colonies, were sent to Spain as rapidly as they

were collected. [774]

The audiencia also audited the accounts of the obras pías, though

its jurisdiction over these funds was often opposed. [775] The chief

foundations of the obras pías in Manila were the Santa Misericordia

and San Juan de Diós. The wealth and power of the Misericordia became

so great, [776] and so well did it profit by the various immunities

extended to it, that by the early part of the eighteenth century

it had become the object of the distrust and envy of all classes of

Manila society. It was chiefly disliked because it had been permitted

to utilize so much free space on the galleon. Other inconveniences

had arisen from its participation in trade, wherein, possessed of so

many advantages, it was enabled to derive profits and benefits that

were denied to competing merchants in the colony. Complaints were made

against it by certain religious orders, merchants, treasury officials,

oidores, and the governor, himself. It was the consensus of opinion

among these that the accounts of this society should be inspected

by the government, and, in accordance with these recommendations,

a cédula was expedited, ordering the society to submit its accounts

to the audiencia for inspection and approval. [777]

The suspicions of the general public were confirmed, and the popular

distrust increased when the inspection of Oidor Calderón revealed

that the finances of the society had been carelessly kept, and that

the books contained numerous discrepancies. The scrutiny of the

oidor showed the existence of a deficit of 383,437 pesos; that is,

the records called for property in the hands of the society to the

value of that sum which could not be found. The Misericordia, in a

series of protests, accounted for the discrepancies by alleging that

the audiencia had declared many of its debtors bankrupt. Relief from

the inspection was requested on the grounds that the local feeling

and the prejudice of the oidores would cause them to be unfair to the

society. It pleaded that the inspection should be made by the chief

accountant of the Council of the Indies (contador de cuentas) once

in five years. In this request it was supported by the recommendation

of this official. [778]

On April 19, 1755, the cédula of November 9, 1747, was modified on

the basis of these protests, and in lieu of the annual inspection of

the oidor was substituted the requirement that once in three years the

Misericordia should submit its own accounts. [779] This brought forth

a storm of protest from the residents of Manila, headed by Governor

Arandía, who went to some length to describe the abuses which had

arisen in the past from the unrestricted liberty which the Misericordia

had enjoyed. He accused the society of dishonest political practices,

interference with the government, bribery and corruption. He said that

behind its commercial operations there existed a veiled scheme by which

the church was seeking to monopolize the trade of the Islands. [780]

The opposition of the governor and residents bore fruit to the extent

that a compromise was made in the royal cédula of February 21, 1759,

which restored the practice of having oidores inspect the accounts of

the Misericordia, though the examination was to be held only once in

five years. This, of course, was sufficiently lenient to defeat the

entire scheme. Oidores were forbidden to interfere with the property

of the society at any other time and in any other manner. [781]

The Misericordia maintained a stubborn and vigorous resistance to

the principle of visitation by the audiencia, but as far as may be

judged by the data at hand, the law was not changed again, and the

audiencia continued to exercise supervision. That the audiencia was

prone to overstep its authority in the matter of these inspections

is shown by an incident which occurred in 1776-1777. In the regular

quinquennial inspection of the records of the Misericordia a number

of abuses were uncovered. The funds were found to have been carelessly

administered, and the books inaccurately kept, owing to the negligence,

incapacity, and corruption of the members to whom the funds had been

entrusted. Governor Sarrio, as vicepatron, appointed Oidor Calderón

as receiver and administrator of the funds, with the charge that the

oidor should suspend all payments until the accounts were straightened

out. The Misericordia protested and on April 25, 1778, the king ordered

the governor and audiencia to desist from further interference with

the funds of the society, the royal disapproval being based on the

cédula of February 21, 1759, which, while authorizing the inspection

of the books of the society, forbade any minister "to interfere with

or interrupt said House in the administration or distribution of its

funds." [782]

The cédula of February 21, 1759, was reaffirmed on repeated occasions

when the Misericordia refused to submit its books to the audiencia. The

last law touching upon this particular question was promulgated on

August 2, 1787, when it was decreed that the accounts, books, records,

and work of the Misericordia and its officials should be subject to

the inspection of the audiencia. [783]

Not only was the opposition of the Misericordia a source of dispute

between that society and the audiencia, but the matter of financial

inspection caused disputes between the audiencia and other officials

and departments of the government. The reforms of 1787 made trouble

between the superintendent and the audiencia. Since this was a

financial matter, the former claimed the right of auditing these

accounts, which the audiencia refused to concede for the reason that

it had always had supervision over these funds (when the right was

exercised by any secular authority). The question was definitely

settled by the cédula of January 22, 1803, which ordered that "the

money of temporalities, pious funds, and charitable societies should be

put at the disposal of the acuerdo, and that if any matters relative to

those branches were then pending before the superintendent, they should

be remitted at once to the audiencia." [784] This was accordingly

done by Governor (and Superintendent) Aguilar, [785] and after that

time the jurisdiction of the audiencia was no longer questioned.

Shortly after the establishment of the consulado of Manila in 1769,

a bitter dispute arose between that body and the audiencia for

jurisdiction over cases involving the commerce of the Misericordia. On

the basis of the cédula of July 8, 1774, the consulado claimed

exclusive jurisdiction over all disputes involving trade which arose

between merchants. It advanced the contention that in all suits

involving losses of galleons the society should be considered in the

case of an individual merchant. The audiencia, basing its claims on the

royal patronage, declared the consulado to have exceeded its powers,

in assuming the jurisdiction described above, and fined several of

its members. The consulado appealed the case, and in reply the king

promulgated a cédula on June 7, 1775, declaring that neither to the

audiencia nor to the consulado belonged the jurisdiction over such

cases, but that they should be tried in first instance by the Council

of the Indies. [786] The reasons assigned for this decision were that

the consulado could not try such cases because merchants constituted

its membership and because the fiscal and two oidores also belonged to

its tribunal. Neither the audiencia nor the consulado, accordingly,

could impartially try commercial suits between merchants and the

Misericordia; accordingly thereafter all evidence should be submitted

to the Council for special action.

The audiencia and the governor had supervision over espolios and vacant

benefices. [787] When a prelate entered into office it was his duty to

file with the fiscal an inventory of all properties belonging to him

at the time of his advent to the diocese. [788] On the occasion of his

death a treasury official was designated to estimate and administer

the property left, pay the debts of the deceased churchman, execute

his will with regard to his property in accordance with the law,

and turn over the residue to the royal treasury. This process was

known as taking the espolio.

The espolio of a deceased prelate was taken, according to the early

laws, by an official of the royal treasury, who was designated by the

president for the purpose, and who officiated under the supervision of

the audiencia. The tribunal verified the autos and substantiated the

proceedings of the agent. [789] Whether any modifications in the manner

of collecting, distributing or accounting for the funds or properties

derived from these espolios were made elsewhere is not clear, but

in the Philippines the abuses which arose in the settling of these

ecclesiastical estates and benefices made the personal intervention

of the oidores necessary on a number of occasions. By royal cédula

of June 23, 1712, it was ordered that in all the audiencias of the

Indies the magistrate next in rank to the senior oidor should be

constituted as the

private judge, who, with the concurrence of the oficiales reales,

should have jurisdiction over and should proceed against, receive

and collect all the products and rents of the vacant archbishoprics

and bishoprics until the day on which the new prelates should

take possession of their offices, proceeding with full cognizance

... to the collection ... of whatever might be due, ... with the

assistance of the oficiales reales who in this matter are subject

to the royal audiencia. [790]

By this same law the audiencias, viceroys, presidents and tribunals

were forbidden to interfere with this judge in the execution of

his duties, or to impede the execution or the law in any manner

whatsoever. The estates of prelates were thus placed on a basis similar

to that occupied by the properties of civilians, which, we have noted,

were administered by a special magistrate of the audiencia. This cédula

also provided that all money left as a residue, after the debts of

the prelates were paid, should be sent to the king for distribution.

In view of the above-mentioned law, the practice followed in 1715,

on the death of Bishop Gorospe of Nueva Segovia, seems to have been a

direct violation of the royal command, and somewhat different from the

usual method of settling the estates of prelates. As soon as Gorospe

died at Magaldán, Pangasinán, the alcalde mayor of the province sent

immediate notification to the governor and audiencia. The tribunal,

in acuerdo, on the motion of the fiscal, authorized the alcalde mayor

and the treasury officials to take the espolio of that prelate, which

order was duly complied with. [791] The audiencia also dispatched a

formal notification to Archbishop de la Cuesta and the metropolitan

chapter, designating the former as the ecclesiastical governor of

the bishopric. [792]

The significant feature of this espolio is that it was taken by an

official as inferior in rank as an alcalde mayor through the express

authorization of the audiencia, instead of being conducted by the

second magistrate of the audiencia as the law directed. It is possible

that the arrival of the cédula of June 24, 1712, had been delayed, or

that this may have been a case, so frequent in the Spanish colonies,

of compliance without obedience. Certain it is that the conditions

of life and travel in the provinces were of such a character that an

oidor would have found it more comfortable to remain in the capital

and delegate the disagreeable duties of the espolio in a far-distant

province to the resident alcalde mayor. Attention has already been

called to various complaints made by governors and others against the

disinclination of the magistrates to submit to the inconveniences of

provincial inspections. Again, it is very probable that the time and

attention of the magistrate whose duty it should have been to take

this espolio were occupied with more important judicial duties. [793]

The citation or further multiplication of data relative to espolios

would be monotonous and unprofitable. Sufficient has been said

already to show the extensive participation of the audiencia in

the administration and settlement of the estates of prelates and the

assignment and care of vacant benefices. It may be noted, however, that

the audiencia suffered little if any diminution of its authority over

the espolio through the Ordinance of Intendants. That code deprived

the oficiales reales and oidores of the duty, formerly incumbent on

them, of taking espolios and conferred it upon the intendants and

corregidor-intendants of provinces. However, it was still required

that the papers relative to the proceedings should be submitted

afterward to the audiencia for legalization and approval. [794]

Appeals and cases of litigation arising from them were to be settled

in the audiencia. This decree made little difference in the procedure

in the Philippines, as the corregidor-intendants were never instituted

there, and the oidores continued in the settlement of these matters,

subject to the designation of the superintendent, who, it will be

remembered, was also governor and president of the audiencia. The

tribunal passed, as always, on all acts of espolio and heard cases

affecting them on appeal. In this manner the properties of the prelates

were administered in a conservative and legal manner and the interests

of the crown were safeguarded.

The audiencia exercised joint authority with the vicepatron over

questions relating to the construction of churches and the conservation

of ecclesiastical property. No monastery, convent, college, hospital,

or other religious institution could be founded without the consent

of the king, and this permission was obtained through the viceroy,

governor, or audiencia upon the recommendation of the prelate of

the diocese. [795] The laws of the Indies conceded that matters

which did not admit of delay could be settled by the president and

audiencia. [796] In fact, as early as August 15, 1620, Governor Fajardo

acknowledged receipt of a letter from the king in which occurred the

statement that "no church or convent, not even a chapel, ought to be,

or can be, founded unless concurrent with your permission, and that of

the Audiencia." [797] It was provided that all petitions of religious

orders for permission to construct convents and monasteries should be

referred to the council, with the recommendations of the audiencia,

but in actual practice, when the advice of the audiencia was in the

affirmative, the vicepatron gave the desired consent, reporting on his

action to the Council of the Indies. Thus we see that the governor and

audiencia in reality exercised complete authority in uncontested cases.

A large number of communications written to the audiencia by the royal

authorities exist, illustrating the nature and extent of the influence

of the audiencia in these matters. In 1604, the king learned that the

Augustinians of Cavite had founded a convent with no other authority

than that of the governor. This was contrary to the laws of the

royal patronage and the audiencia was ordered to correct the abuse,

and to see that the royal orders were obeyed in the future. [798] On

another occasion the audiencia was ordered to correct certain abuses

of the Jesuits, who had dispossessed the natives of their lands and

had built various structures thereon. The lands were ordered to be

returned to their rightful owners and the buildings destroyed. [799]

The ambitions of the friars to construct monasteries, convents and

hospitals, and otherwise to manifest their powers and add to their

increasing strength had to be checked frequently. The audiencia was

called upon to do this throughout the history of the Islands. Possibly

the best illustration of the authority of the audiencia in these

matters may be noted in the part which it played in restraining the

Augustinians from the further extension of their influence during

the period from 1763 to 1778. The entire matter was summarized in the

consulta of the Council of the Indies dated December 10, 1777, and the

cédula of April 6, 1778, with unfavorable results for the Augustinians.

On November 17, 1770, the provincial of this order applied for

permission to construct a convent in Cavite and solicited an

appropriation of four thousand pesos for this purpose. It was

suggested that the money should be supplied either by the income

from vacant benefices or from the profits of the sale of betel to

the natives. The provincial laid special claim to royal aid on the

extraordinary justification that the convent of his order at Imús,

Cavite, had been bombarded and destroyed by the British in 1763. On

August 16, 1772, the Council of the Indies referred the matter to the

Audiencia of Manila and the tribunal, after an exhaustive investigation

of the subject, recommended non-compliance with the provincial's

request. In its report, the audiencia reviewed the former attempts

of this order to extend its power and influence. On December 2, 1765,

it had tried to obtain permission to construct a convent at Nagtaján,

which the audiencia and Fiscal Viana frustrated. The Augustinians

tried again on February 20, 1766, asking for permission to build at

Bagumbayan. This plan the audiencia was also able to defeat. On August

16, 1772, this same order, impatient at the delay of the Council in

answering its petition of November 17, 1770, and still persistent,

solicited permission from the governor alone, not alluding to the

fact that a petition of this sort was at that time pending before

the Council of the Indies. This request was considered in the acuerdo

with unfavorable consequences for the Augustinians.

The report of the audiencia was forwarded to the court and was

there reviewed by Francisco Leandro de Viana, formerly fiscal of the

Audiencia of Manila and at that time a member of the Council. Viana

recommended that not only should the desired permission be refused

but a rigid investigation of the legitimacy of titles to properties

held by the Augustinians should be made. He regarded as especially

reprehensible the deliberate effort on the part of the provincial to

obtain this permission from the governor in view of the unfavorable

attitude of the Council of the Indies and of the laws ordering that

licenses for the construction of convents should be given only by

the Council of the Indies, after consultation with the prelate of

the ecclesiastical district and with the audiencia, governor, or

viceroy. [800] In this way, due very largely to the influence of

the audiencia, the efforts of this order to extend its authority

were checkmated. This may be considered as a typical case of the

intervention of the audiencia in behalf of the royal patronage.

It will be noted in another connection that the audiencia was called

upon, from 1680 to 1720, partly as a tribunal of justice and partly as

an agent of the royal patron, to investigate the titles of the lands of

the friars, and, by this proceeding, the tribunal deprived the orders

of much of the property which they had usurped. [801] It may also be

noted that an oidor regularly inspected the royal hospital at Manila,

[802] and when prelates and curates were transferred from one district

or parish to another, property left by them was inventoried and

taken under the direction of the audiencia. [803] These measures were

designed to insure the security and conservation of royal property.

In summary, it may be said that the audiencia possessed joint authority

with, but not equal to the vicepatron in the regulation and supervision

of religious affairs. As a tribunal, and as an agent of the civil

government, the audiencia supported and assisted the vicepatron. At

times, indeed, it acted in his stead. We have seen that the audiencia

labored in the interests of the royal authority when it passed on the

acts of provincial synods and councils, and it inspected bulls and

briefs before they were allowed to become operative in the colony. It

sought always to bring about a peaceful settlement of disputes between

prelates, curates, and religious orders. Acting in the interests of the

civil government, the oidores made inspections in the provinces, noting

the work of the friars and parish priests in their particular fields,

giving special attention to the treatment afforded to the Indians by

their ecclesiastical protectors. The tribunal acted as the patron of

the royal colleges and universities. It regulated the administration

of ecclesiastical finances, devoting especial attention to tithes,

obras pías and espolios. And finally, as we have just noted, it was

endowed with considerable authority in determining the advisability of

authorizing the construction of churches, monasteries, and convents,

or of permitting the orders to extend their influence in various parts

of the colony. The intervention of the audiencia in these matters

was recognized by the court at Madrid and by the ecclesiastics of

the Philippines.

The Audiencia in the Spanish Colonies As illustrated by the Audiencia of Manila (1583-1800) · 第 10 / 13 章