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The Audiencia in the Spanish Colonies

Editorial note — Chapter III · THE JUDICIAL FUNCTIONS OF THE AUDIENCIA

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According to Desdevises du Dezert (“Vice-rois et capitaines généraux des Indes espagnoles,” in Revue historique CXXVI, 59, 60) the Audiencia of Lima decided 89 civil cases on appeal from February 11, 1788, to January 5, 1789. At the end of this period there were 122 cases waiting on the docket. In the chamber of first instance of the same audiencia 72 cases were tried and 124 remained to be tried at the end of approximately the same period. In the criminal sala during the year 1788, there were 7 death sentences rendered, 16 sentences for robbery, 14 cases tried involving personal injury, 15 for carrying arms in face of the prohibition of the law, and 6 cases of adultery. The magistrates excused themselves for this rather contemptible showing by alleging that the membership of the tribunal had not been complete, to which the king made answer that there would have been sufficient judges had not the latter continually absented themselves on the smallest pretexts. The charge of indolence was also frequently brought against the magistrates of the Audiencia of Manila.

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