mayor or high sheriff, one canciller who kept the royal seal, with a number of minor attaches,[1] divided into three courts, two for civil and one for criminal cases. Changes continued to take place, and by law of 1776 a regente was appointed for each audiencia, who constituted a kind of chief justice, with power to regulate the duties of theoidores, to form special courts, to sit as judge in any court, and to preside in absence of the viceroy or president. Indeed, he absorbed a certain degree of authority from the latter,[2] and was entitled to special respect. About the same time the number of oidores was reduced to ten, with five alcaldes del crímen and two fiscales, forming only two courts.[3] A special fiscal attended to treasury matters. The inferior audiencias had only five oidores, with president, regente, and two fiscals, in two courts, together with alguacil mayor, canciller, and minor attaches, but without alcaldes.[4] The alcaldes del crímen had cognizance, in first instance, in civil and criminal cases within five leagues of the capital, and in second instance of criminal cases for all the audiencia district, with appeal only to themselves. In death penalties the affirmative votes of three alcaldes were required, and in cases of doubt oidores could be assigned to assist in obtaining a decision.[5]
The audiencia courts had hours and days for certain
- ↑ Such as the relatores, who made the brief; the escribanos, or clerks of the court with his aids; receptores, receivers or treasurers, with as many as 24 deputies, whose positions were salable; repartidores, assessors and distributors; tasadores, appraisers; procuradores, proctors, as many as 12, salable positions; interpreters, and messengers. Recop. de Ind., i. 443 et seq. Villa-Señor, Theatro, i. 37, et seq. The fund for paying the minor court attachés came from the half grano tax on pulque, which was too small. Revilla Gigedo, Instruc., 30.
- ↑ Yet the viceroy could still decide on the formation of certain courts, and the assignment of oidores to certain duties. Regulations concerning this office are given in Zamora, Bib. Leg. Ult., v. 297, et seq.; Beleña, Recop., ii. 360.
- ↑ A sort of third court was formed for intestate cases.
- ↑ Revilla Gigedo objected to this reduced number of oidores as excessive, and considered the regente superfluous. Instruc., 15-17; Zamora, i. 453.
- ↑ For date of creation and duties, see Recop. de Ind.; Zamora, i. 172; Beleña, etc. The regulations for audiencias in general have been fully considered in Hist. Cent. Am., i. 270-3. Special and minute rules for conscience and conduct are given in Moreno, Reglas, 59 pp., Mexico, 1637. Annotations etc. in Leges Varias, Anot., 31 etc.; Providencias Reales, MS., 29 et seq.
