Note 17 — Chapter IV · JUDICIAL FUNCTIONS OF THE AUDIENCIA; THE RESIDENCIA1

The authority to determine whether cases merited investigation or not and whether an inquiry should be made, belonged to the acuerdo, while the designation of the judge rested with the governor.17 The judges sent on these missions were not at first authorized to pass final sentence, their decisions being subject to review in the audiencia before execution. However, by the law of May 5, 1576, this added authority was bestowed upon the oidores who conducted special investigations, or residencias.18 Appeals might be made to the audiencia and, if the sentence imposed the death penalty or permanent removal from office, the appeal might be carried to the Council of the Indies.19 The final approval of the Council was required before action could be taken with regard to any royal appointee, except in those cases wherein the fine did not exceed one thousand pesos.20