Note 39 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

The gradual extension of the jurisdiction of the audiencia over encomiendas may be cited as an example of the changes in the authority of the tribunal and in its relation to the Council of the Indies. The first important legislation in regulation of the encomienda was the celebrated law of Malines, promulgated in that city by Charles V, on October 20, 1545, and enunciated at successive dates until 1610. The law prescribed the course which was to be pursued by the audiencia in suits between individuals relative to encomiendas or the Indians thereon. In these contentions the Council of the Indies and not the audiencia was the final arbiter. The duty of the latter tribunal was to collect evidence in these cases, taking the testimony of witnesses for both sides and remitting all papers, sealed, to the Council of the Indies. The council, on consideration of the evidence, rendered the final decision. The audiencia had to conclude its part of the investigation and file its report within a period of three months. This time limit was extended to six months in 1554. The purpose of this law was to guarantee justice in the assignment and retention of encomiendas by removing them from the control of the audiencias, whose magistrates, as experience had proved, often allowed themselves to be influenced by local prejudices. Encomiendas were to be assigned by the king, in theory at least, and no other authority save the monarch and his council could exercise jurisdiction over them.39