tions of faith exclusively among the aborigines. The edicts of the inquisition had of late to be submitted to the viceroy. The military jurisdiction was controlled by the royal representative as captain-general, assisted by an oidor acting as auditor de guerra. In the second instance this auditor was given a colleague. The captain-generals of Yucatan and Provincias Internas acted independently with their auditors.[1]
Appeals from alcaldes ordinaries were to alcaldes mayores, except at Mexico and Lima, where the audiencia received them. Municipal bodies decided in certain appeals concerning values not exceeding sixty thousand maravedís.[2] Two oidores could decide in suits of menor cuantía, which were fixed at 300,000 maravedís, and even in larger cases, except at Mexico and Lima, where three votes were required. The council of the Indies formed the tribunal of ultimate resort for America. In values of six thousand pesos and over, a second appeal was allowed to this body, when five members assisted. If the decision proved adverse to the petitioner a fine of one thousand ducats was imposed.[3]
Notwithstanding the efforts of the crown to smooth the paths of law, as instanced by the decree forbidding processes to be formed for cases of less value than twenty pesos,[4] litigation was costly, for the fees were numerous and considerably higher than in Spain, those of the canciller, for example, being triple the amounts charged in the Peninsula. Lawyers were strictly forbidden to accept percentages on value involved, or share in the results of a suit, their
- ↑ The auditor of Vera Cruz acted merely as asesor. Id., 22.
- ↑ Appeals from fieles executores in cases not exceeding 30 ducats went to the municipal council; if over that amount, to the audiencia. No reconsideration was allowed in values of 6,000 maravedís appealed to the audiencia.2
- ↑ Divided between the defendants, the judges, and the royal treasury. In appeals from the casa de contratacion to the India Council, the civil suit must be for not less than 600,000 maravedís. Recop. Ind., ii. 161 et seq. A law of 1545 changed the lowest value for appeal from audiencias from 10,000 to 6,000 pesos. Puga, Cedulario, 101-2.
- ↑ The clerk of the court receiving in such cases only half a peso from each party.
