Note 56 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

The case which has just been described involved the trial and punishment of a corregidor in the defense and protection of the natives. It is important to note that this case was ordered to be tried in first instance by the governor and not by the audiencia. The jurisdiction of the latter tribunal in second instance was confirmed by the king on this occasion. By the law of October 9, 1812, and by others made pursuant to the Constitution of 1812, the audiencia was given jurisdiction in first instance over cases involving provincial officials, and particularly judges. In regard to the care and protection of the Indians, which was involved in this controversy, the law provided that such cases should be treated originally by the corregidores and alcaldes mayores with appeal to the audiencia.56 But this case dealt primarily with the official conduct of a corregidor, over whom the governor had more direct jurisdiction. The cédula of May 13, 1798, which constituted the reply of the king to the appeal of the fiscal in the case described above, ordered that henceforth in cases affecting the relations of the corregidores and alcaldes mayores on the one part and the Indians on the other, the fiscal, audiencia, and governor should act in acuerdo, in that way avoiding friction and quarrels over jurisdiction.57