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The Audiencia in the Spanish Colonies

Note 36 — Chapter I · THE AUDIENCIAS OF THE SPANISH COLONIES

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Although viceroys and governors were granted special jurisdiction over administrative matters, they were authorized to call upon the acuerdos36 of the audiencias for counsel and advice whenever an exceptionally arduous case presented itself. The audiencias were permitted to entertain appeals against the rulings of viceroys and presidents, but these appeals could be carried again to the Council of the Indies. In the same manner that affairs of government belonged to the private jurisdiction of the executive, so did financial matters, according to Solórzano y Pereyra. In these, however, the viceroy or governor was assisted in the solution of perplexing problems by the acuerdo general de hacienda, a body composed of oidores, oficiales reales37 and contadores. On the death, disability, or absence of the viceroy or governor and captain-general it was ordered that the government should pass under the charge of the entire audiencia. Lastly, Solórzano y Pereyra pointed out that while the sole duty of the Spanish oidores was to try cases, the magistrates of the colonial audiencias were called upon for a number of miscellaneous functions, such as those of visitador, or inspector of the provinces, or of other departments of the government, as asesor of the Santa Cruzada,38 as inspector of ships, as auditor de guerra, as asesor of the governor, and as juez de las executorías, under commission of the Council of the Indies to collect and remit to the government receiver all money derived from fines and penalties imposed by official visitors (visitadores), judges of residencia, etcetera.39

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