Page:Vol 3 History of Mexico by H H Bancroft.djvu/708

688 same prisons as the lowest classes of the people. In this matter the royal audiencia favored the cause of the clergy. The royal order above named prompted the bishop and chapter of Michoacan to make, in December 1799, a representation to his Majesty, which contains many wise and liberal suggestions.

The courts connected with the archbishopric of Mexico and other sees were: The provisorato for Spaniards, presided over by the juez provisor, having besides a prosecuting attorney, sheriff, relator, two notaries or clerks, a translator of apostolic letters, keeper of records, and messenger; and provisorato for Indians, with a provisor, notary, clerk, and receiver; the juzgado de testamentos, capellanís y obras pías, with judge, counsellor, relator, chief and second clerks, and a notary for the military chaplaincy in chief. We have already seen how the powers of this last named court were curtailed in the probate of wills of clergymen. Later a further curtailment took place, reducing still more the ecclesiastical fuero, with the sovereign's declaration of March 22, 1789, making cases of capellanías and obras pías cognizable in the secular courts. Questions of jurisdiction between the ecclesiastical and civil courts, which were of frequent occurrence, were adjudicated by the viceroy. This power, while it upheld the crown's prerogative, greatly exalted the prestige and authority of, its representative in Mexico,

Offenders against the laws who took refuge in a church or other sacred place were, as we have seen, allowed benefit of asylum, in certain cases not excluded under papal briefs and royal orders. For a long time