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The Audiencia in the Spanish Colonies

Note 11 — Chapter X · THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE

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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.11 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.12

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