Note 54 — Chapter VI · THE AUDIENCIA AND THE GOVERNOR: GENERAL RELATIONS

Ibid., 3–3–60. Relative to the relations of the viceroys and audiencias of the Spanish colonies, Robertson (The History of America, IV, 19–20) says: “The Spanish viceroys have often attempted to intrude themselves into the seat of justice, and with an ambition which their distance from the controul (sic) of a superior rendered bold, have aspired at a power which their master does not venture to assume ... the viceroys have been prohibited, in the most explicit terms, by repeated laws, from interfering in the judicial proceedings of the courts of Audience, or from delivering an opinion, or giving a voice with respect to any point litigated before them. In some particular cases, in which any question of civil right is involved, even the political regulations of the viceroy may be brought under review of the court of Audience, which in those instances, may be deemed an intermediate power between him and the people, as a constitutional barrier to circumscribe his jurisdiction. But as legal restraints on a person who represents the sovereign, and is clothed with his authority, are little suited to the genius of Spanish policy; the hesitation and reserve with which it confers this power on the courts of Audience are remarkable. They may advise, they may remonstrate; but in the event of a direct collision between their opinion and the will of the viceroy, what he determines must be brought into execution, and nothing remains for them, but to lay the matter before the king and the Council of the Indies.”