Note 39 — Chapter IV · JUDICIAL FUNCTIONS OF THE AUDIENCIA; THE RESIDENCIA1

Philip IV initiated further reforms in regard to appeal in 1636. Ordenanza LVI, promulgated at that time, provided that “the said Council [of the Indies] may only have jurisdiction over the visits and residencias of the viceroys, presidents, oidores, and officials of our audiencias and accountants and officials of the tribunals of accounts, officials of the treasury and those of the governors provided by the Council with our titles.”39 Ordenanza LXII, issued at the same time, ordered that “in the visits and residencias which are seen and determined in our Council of the Indies,” cases did not have to be referred to the king for consultation, excepting when, in “the residencias of viceroys, presidents, and oidores, alcaldes del crimen, and fiscales of our royal audiencias of the Indies and governors of the principal provinces there, condemnations of corporal punishment, privation or suspension from office result against them.”40 In these cases the Council was ordered to submit its decisions and all papers bearing thereon to the king before passing judgment, so that the final judgment might be rendered by the sovereign in person. The Council could take final action in the residencias of military and naval officials without consulting the king. It was, of course, impossible for the sovereign to give his personal attention to any of these matters, but the last word was pronounced in these suits by responsible ministers of the court who stood high in the royal estimation.