Note 43 — Chapter XI · THE AUDIENCIA AND THE CHURCH: THE ECCLESIASTICAL JURISDICTION

The following typical cases may be cited to show that the audiencia frequently did rely on the civil power, as a last resort, for the enforcement of its injunctions. In 1623, an oidor was excommunicated for having violated the ecclesiastical sanctuary in seizing Juan Soto de Vega, a fugitive from justice, who had taken refuge in the cathedral. The audiencia, finding itself opposed by the metropolitan court, sent a constable to arrest the provisor who had fulminated the excommunication, threatening the latter with a fine of two thousand pesos and banishment if he did not desist and cancel the censure. The archbishop, who at first supported the provisor, was put under military guard at the behest of the audiencia. The Jesuits then used their good offices in behalf of the government, as a result of which the matter was arbitrated and peace was brought about.43 In 1636, however, the archbishop and provisor were banished and fined heavily, because they persisted in a censure which the audiencia had restrained. Their continual refusal to harken to the commands of the vicepatron and the royal tribunal and their insistence on the censure were adjudged to constitute fuerza. This case originated in the violation of the right of asylum by the governor and the arrest of a murderer who had taken refuge in the Augustinian convent. So open was the defiance of the civil government that the criminal was executed in the courtyard, under the very windows of the convent wherein were congregated the prelate and his supporters who were commanded not to touch the body for three days.44 The archbishop was removed from his convent by soldiers at the command of the acuerdo and banished to the island of Corregidor, where he remained twenty-six days, after which mediation was effected and the weak old prelate, tottering with age, was restored to his metropolitan capital.45 Montero y Vidal states that this case is interesting and important as a test of the power of the governor; for many persons, he alleges, did not believe that the governor could raise an interdict.46 That he was enabled to do so, with the support of the audiencia and with the aid of his military forces there can be no question.