Note 45 — Chapter VI · THE AUDIENCIA AND THE GOVERNOR: GENERAL RELATIONS

This law still left the trial of oidores for misdemeanors in the governor’s jurisdiction, but in cases of sedition or notorious offenses which required immediate action in order to furnish a public example for its effect on the natives, the president was required to confer with the audiencia, and to act in accordance with its judgment. By this law the president was forbidden to make more than temporary suspensions of oidores from their offices. In no case could they be permanent unless first approved by the Council of the Indies.45 Notwithstanding this law, it may be noted that certain governors went so far on some occasions as to remove, imprison, and exile magistrates and to appoint a new audiencia.46 The judicial power of the governor over such cases was further altered by the Royal Instruction of Regents of June 26, 1776, by which he was forbidden to impose any penalty on the oidores without the concurrence of the acuerdo and the regent.47 The president and the acuerdo could rebuke and discipline oidores, privately, when their conduct demanded it. Even on such an occasion as this the magistrate was to be given full opportunity to defend himself. If a private investigation of the conduct of an oidor were necessary, the inquiry could be still conducted by the senior magistrate.48 Oidores, on the other hand, had no jurisdiction over the trial of charges against the president, unless it were in his residencia. In this event the investigation might be conducted by a magistrate designated by the governor or by the Council of the Indies.49