Note 104 — Chapter X · THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE

The significant feature of this espolio is that it was taken by an official as inferior in rank as an alcalde mayor through the express authorization of the audiencia, instead of being conducted by the second magistrate of the audiencia as the law directed. It is possible that the arrival of the cédula of June 24, 1712, had been delayed, or that this may have been a case, so frequent in the Spanish colonies, of compliance without obedience. Certain it is that the conditions of life and travel in the provinces were of such a character that an oidor would have found it more comfortable to remain in the capital and delegate the disagreeable duties of the espolio in a far-distant province to the resident alcalde mayor. Attention has already been called to various complaints made by governors and others against the disinclination of the magistrates to submit to the inconveniences of provincial inspections. Again, it is very probable that the time and attention of the magistrate whose duty it should have been to take this espolio were occupied with more important judicial duties.104