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The Audiencia in the Spanish Colonies

Note 55 — Chapter XI · THE AUDIENCIA AND THE CHURCH: THE ECCLESIASTICAL JURISDICTION

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The tendency of the laws, however, through a period of two hundred years, was to delimit and circumscribe the authority of the Inquisition in matters bordering on the jurisdiction of the civil government. This is seen, especially, in the offense of polygamy, which, up to 1754, was dealt with solely by the Inquisition. By the cédula of March 19th of that year, polygamy was brought under the fuero mixto;55 the same law ordered that prisoners, after punishment by the inquisitorial tribunal for heresy, should be dealt with by civil judges for an offense against the laws of the realm. On September 7, 1766, this crime was again made punishable solely by the Inquisition, but on August 10, 1788, jurisdiction over cases of polygamy was taken entirely from the Inquisition and given to the royal justices.56 This may be considered as indicative of the decline of the authority of the Inquisition in the eighteenth century. The inquisitors, of course, were not permitted to exercise jurisdiction over the Chinese, or over the aboriginal inhabitants of the Islands.57

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