a juez ordlnario, but he must be forthwith surrendered to the 'juez de su fuero.'[1]
A supreme court of military justice, under the name of supremo consejo de guerra, was created, or rather the court formerly existing was reorganized in November 1773,[2] the king retaining for himself the presidency of it. In later times the administration of justice under the fuero militar was subdivided in minor courts, one for each branch of the military service.[3]
Persons possessed of the fuero militar preferred to fight or litigate in their own camp, having little respect or regard for any authority but their own, and committing offences that might not have occurred if punishment by the common courts had been certain. The question of fuero, not the military one alone, for there were others, has been in Spanish countries a great evil in the body politic, until completely eradicated, as will afterward appear in the course of this history.
- ↑ Revilla Gigedo, Bandos, no. 22. In 1790 it was declared that servants of military men employed in their country estates, factories, or business, wholly foreign to the military service, were not entitled to the fuero militar. Id., no. 26.
- ↑ Reales Órdenes, ii. 1-17.
- ↑ All such causes were, however, under the almost exclusive jurisdiction of the viceroy as captain-general, who, by and with the advice of an auditor de guerra, who was usually one of the oidores of the audiencia, adjudicated in the premises. In appeals, which were made to the captain-general himself, he associated another justice with the auditor de guerra. In affairs of navy persons there was first in Vera Cruz a juzgado de matrícula presided over by the governor of Vera Cruz; later, a juzgado de marina was established for such cases. Lerdo de Tejada, Apuntes, 388-91.
