Note 34 — Chapter XI · THE AUDIENCIA AND THE CHURCH: THE ECCLESIASTICAL JURISDICTION

We may turn again to the Pardo controversy for an example of the intervention of the audiencia to restrain a prelate from excessive use of the interdict. Pardo, after his return from exile, fulminated censures against ex-Governor Juan de Vargas and the entire audiencia which had supported him against the archbishop. The ban against the oidores was quickly removed, technically on the grounds that the magistrates were still royal officials, but in reality for the sake of expediency. Vargas, however, was not absolved. The audiencia, according to the existing laws, had the right to force the prelate to remove the ban,34 but owing to dissensions within the tribunal, the opposition of the new governor, the increasing power of the archbishop, the certainty that the royal authority had already disapproved of its acts, and the impending visitation of a royal commissioner (Valdivia), who had instructions to settle the discord and strife at Manila at any cost, the oidores thought it best not to take this step. The archbishop refused to absolve Vargas because of the technical reason that his case came under the jurisdiction of the Inquisition.