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The Audiencia in the Spanish Colonies

Note 28 — Chapter X · THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE

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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.28 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.29 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.30 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.”31 In other words, he took his oath of office as archbishop in the audiencia.

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