Note 68 — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

It is notable how frequently the action of the audiencia or that of the governor was confirmed by the Council of the Indies. In most of the cases which have been described, the original papers, including letters, autos and testimonios, each expediente68 containing from one hundred to two thousand pages, are marked “seen by the Council”, “action of the governor confirmed”, or “no action to be taken”; the original decisions being thus confirmed. It may be concluded, therefore, from this brief study that the audiencia had appellate jurisdiction as a court of law over suits involving encomiendas, and, furthermore, that the tribunal acting in that capacity placed a very effective and definite check on the governor in his executive control over encomiendas.