Abstract

MARTINEZ DE SANCHEZ, Ana María. La pena en las consuetas Indianas: Los concilios y la redacción de esas normas. Rev. hist. derecho [online]. 2013, n.45. ISSN 1853-1784.

The consuetas belong to the particular canonical law because of being rules which organize the operation of the ecclesiastic Cabildo in each Cathedral, and which were reformulated by different bishops according to local circumstances. In the colonial period in America, spatial and temporal span to which this work fits, failure to abide by those rules was punished in different ways according to the time and place. The quality of these penalties was essentially remedial and more economic than spiritual. The structure of the ecclesiastic Cabildo determined that there were people responsible for ordering the liturgy and enforce it, apart from a person who was responsible for taking note of the misconduct so that the competent authority knew what punishment should apply each time. The consuetas, rules, ordos or Indian constitutions account for the posts that there should be in every Cathedral, according to their rank, as well as the functions that each should comply with in accordance with established patterns of behaviour. When these were violated a penalty that was the responsibility of the Chairman of the choir should apply or, when the case required because of its seriousness, the Bishop was responsible and other rules of law should be applied.

Keywords : Consueta; Cathedral; Penalties; Indies.

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