Note 75 — Chapter XI · THE AUDIENCIA AND THE CHURCH: THE ECCLESIASTICAL JURISDICTION

Closely similar to the jurisdiction of the audiencia as a court of final resort in the testing of the titles to lands occupied by religious orders was that which it exercised in the matter of ecclesiastical visitation. This was a question of a more thoroughly religious character which did not concern the civil government as intimately as did the matter of friar lands. In general, it may be said that the audiencia was utilized by both sides in the various disputes which arose in connection with ecclesiastical visitation. During the ecclesiastical administrations of Archbishops Salazar, Serrano, Poblete, Camacho, Pardo and Justa y Rufina, practically until the end of the eighteenth century, this question was continually agitated. These archbishops attempted to visit and inspect the curacies which were held by friars in lieu of secular priests.75 The archbishops relied on the audiencia for assistance in the enforcement of their claims and the friars sought its protection as a court of justice to shield them from the visitation of the prelate. As in the matter of the friar lands, so in this question, the audiencia acted both as a tribunal of justice and as an agent and champion of the royal patronage. Indeed, the laws of the Indies established the audiencia as a tribunal and as a compelling authority for the enforcement of ecclesiastical visitation.76 The archbishop was directed to appeal to the audiencia or vicepatron for assistance in the subjection of offending curates,77 but he was forbidden to visit the regulars in their convents,78 which, of course, did not prevent his visiting them when in charge of curacies. On the other hand, the audiencia was forbidden to entertain appeals on the ground of fuerza from regulars who objected to the visitation of the prelates.79