Note 37 — Chapter XI · THE AUDIENCIA AND THE CHURCH: THE ECCLESIASTICAL JURISDICTION

It had frequently been the practice of the prelates to pronounce censures against oidores and alcaldes, who, in proceeding with their duties as inspectors of the provinces, encroached upon what the churchmen regarded as their own particular and private jurisdiction. This, of course, was forbidden, and the audiencia, by way of fuerza, usually entertained appeals from these officials of the civil government and set aside all such acts on the part of the representatives of the church. Reference was made in the last chapter to the circumstances surrounding the effort of Oidor Guerela to inspect the province of Camarines. This magistrate was excommunicated by the bishop of that diocese and was compelled to remain in banishment five months, the audiencia refusing to set aside the censure on account of the personal animosity of the magistrates toward Guerela. Nevertheless, prelates were enjoined to obey the audiencia when that tribunal ordered the cancellation or suspension of an episcopal censure or prohibition.37 When an appeal was made to the audiencia from such an act by an alcalde, oidor, visitor, or other official at some distance from the capital, the prelate was expected, upon the judicial summons of the audiencia, to suspend his censure until the facts of the case had been ascertained, and the decision of the tribunal had been rendered.38 This was the law, but occasionally, as in the case of Guerela, local circumstances rendered impossible or undesirable the fulfillment of the law.