Note 21 — Chapter VII · THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION

The governor frequently claimed jurisdiction over cases involving retired soldiers on the grounds that they had once been under the fuero militar. He also claimed jurisdiction in suits affecting widows of soldiers, all of which, in accordance with the law of December 11, 1788, should have been tried by the audiencia.21 Another abuse frequently perpetrated by the governor was the assumption of jurisdiction over suits for the payment by military officials of bonds which they had assumed for defaulted civil officials.22 In doing this he was encroaching on the rights of the oficiales reales, and these were always supported by the audiencia in the contentions which arose over this question. Cases involving conflicts of jurisdiction between the civil and military authorities were appealed to the Council of the Indies, and there, after considerable delay, the proper sphere of authority was always determined.