Note 33 — Chapter I · THE AUDIENCIAS OF THE SPANISH COLONIES

Before proceeding with a study of the powers and duties of the colonial audiencias, it would be well to compare them, as to extent of jurisdiction and authority, with those which were in operation in Spain. Were they equal? Did the colonial institutions, on account of their isolation, exercise prerogatives which were unknown to the tribunals of the Peninsula, or vice versa? These questions were answered by Juan de Solórzano y Pereyra, a distinguished Spanish jurist, oidor of the Audiencia of Lima in 1610, and subsequently councillor of the Indies.33 Solórzano y Pereyra illustrates fourteen points of difference wherein the audiencias of the colonies exceeded those of the Peninsula in power and authority, in these matters exercising jurisdiction equal to the Council of Castile. This, he said, was “on account of the great distance intervening between them and the king or his royal Council of the Indies, and the dangers which delay may occasion.” Therefore, he said, the audiencias had been permitted many privileges and powers denied to the audiencias of Spain. The most important of these powers were as follows: jurisdiction over residencias of corregidores; the right to send out special investigators (pesquisidores); supervision over inferior judges—seeing that they properly tried cases under their authority, care for the education and good treatment of the Indians in spiritual and temporal matters, and the punishment of officials who were remiss in that particular; the collection of tithes; the assumption of the rights and obligations of the royal patronage, as well as jurisdiction over cases affecting the same, the building of churches, the installment of curates and holders of benefices, and the inspection and possible retention of bulls and briefs.