Note 12 — Chapter VII · THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION

The actual trial of the criminal cases of soldiers was conducted in first instance by military tribunals and magistrates. Most prominent among the latter were the castellán and the maestre de campo. The captains, themselves, had certain judicial authority within their companies.12 Appeals were made from these military judges of first instance to the captain-general. If there had been notorious injustice or a grave infraction of the law in the trial of a case of first instance, it was the governor’s duty either to refer the case to some other magistrate than to the one who originally tried it, or to a special judicial tribunal. An oidor might be designated to serve in this tribunal. When the magistrates served in this capacity they were responsible entirely to the governor and were not identified with the audiencia. Oidores frequently objected to this service, but the governor was usually able to enforce these demands, which were in accordance with the laws and approved by the home government.