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The Audiencia in the Spanish Colonies

Note 72 — Chapter XI · THE AUDIENCIA AND THE CHURCH: THE ECCLESIASTICAL JURISDICTION

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Ibid., note 1. This tendency culminated in the decree of February 22, 1813, which suppressed the Supreme Tribunal of the Inquisition and renewed the jurisdiction of bishops and vicars over cases involving the faith, as had been the practice before the Inquisition was instituted. All property belonging to the Inquisition reverted to the crown. Soon after the restoration of Ferdinand VII the Inquisition was revived, against the will of that monarch, it is said, but it was again abolished by the decrees of March 9, 1820, and July 1, 1835.

As a result of the suppression of the Tribunal of the Inquisition on March 9, 1820, and the transfer of its authority over matters of faith to the vicars and bishops, Escriche says that “in the exercise of their jurisdiction some of these prelates exceeded their authority and established in their respective dioceses juntas de fé, which turned out to be in reality inquisitorial tribunals with practically the same authority which former tribunals had exercised. They inflicted corporal and spiritual punishments and guarded in their ministry the most inviolable secrecy.” As soon as reports of this unexpected assumption of authority came to the notice of the government, Ferdinand hastened to order the suppression of these self-constituted tribunals, without immediate success, however. Escriche tells us that they continued their excesses for some time, “depriving accused persons of the means of defense, keeping from them the names of persons testifying against them,” flagrantly disregarding the dispositions of the brief of Pius VII, dated October 5, 1829, in prohibition of exactly these abuses. On February 6, 1830, a cédula was expedited which authorized appeals in cases of this nature until three conforming decisions were rendered. The decree of July 1, 1835, abolished these tribunals, ordering the prelates to exercise jurisdiction with appeal to the Department of Grace and Justice (Escriche, Diccionario, I, 773).

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