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Real Audiencia of Mexico
| Real Audiencia of Mexico | |
|---|---|
| Audiencia y Cancillería Real de México en la Nueva España | |
 | |
| Type | Real Audiencia |
| Jurisdiction | Kingdom of Mexico |
| Seat | Mexico City |
| Founded | 1527 |
| Dissolved | 1821 |
| Successors | |
The Royal Audiencia of Mexico was the highest court of the Spanish Crown in the Viceroyalty of New Spain. It was created by royal decree on December 9, 1527, and had its seat in Mexico City.
During the First Mexican Empire it became the Judicial Power within the separation of powers.
Background
Hernán Cortés decided to establish the government in the town of Coyoacán, south of Lake Texcoco, because the city of Tenochtitlan had been left in poor condition. From there he governed with the title of Captain General and Justicia Mayor. From Coyoacán the expeditions of conquest set out with the purpose of subduing the Indigenous peoples of the various regions of what would become the Viceroyalty of New Spain.
On December 9, 1528, Charles I established the First Real Audiencia of Mexico, presided over by Nuño de Guzmán, with Juan Ortiz de Matienzo, Diego Delgadillo, Diego Maldonado and Alonso de Parada as oidores, with judicial and governing functions. The last two died before taking office. Complaints and denunciations led to its replacement by the Second Audiencia on January 14, 1530, which named the experienced Sebastián Ramírez de Fuenleal as President and Juan Salmerón, Alonso de Maldonado, Francisco de Ceinos and Vasco de Quiroga as oidores.
Jurisdiction
In jurisdictional terms, the Real Audiencia of Mexico bordered the audiencias of los Confines or Guatemala to the south; that of Guadalajara to the west and north; and that of Santo Domingo to the east. To the north, the territories depended on the expansion of Spanish dominion.
The Audiencia y Cancillería Real of Santo Domingo was created in 1511, but owing to disagreements between Governor Diego Columbus and the Crown, it did not begin to function until September 14, 1526. Its jurisdiction included Cuba, Puerto Rico and Hispaniola (present-day Santo Domingo), as well as the Lesser Antilles, Venezuela and Guiana.
In 1543 the Audiencia de los Confines was created, which included the present-day territories of Guatemala, Belize, El Salvador, Honduras, Nicaragua and Costa Rica and the Mexican state of Chiapas. On September 8, 1563, the King issued a royal decree ordering the transfer of this audiencia to Panama, transferring the Governorate of Guatemala to the Audiencia of Mexico. However, another royal decree of June 28, 1568, reestablished the Audiencia of Guatemala with the same jurisdiction it had had in 1563. A royal decree of January 25, 1569, transferred the governorate of Soconusco from the Audiencia of Mexico to that of Guatemala.
In 1548 the Real Audiencia of Guadalajara was founded as subordinate to that of Mexico. In 1572 it attained its independence, with jurisdiction over New Galicia and Nueva Vizcaya.
Jurisdiction over Yucatán changed several times between the Real Audiencia of Guatemala and that of Mexico, until it finally remained with Mexico in 1560.
After the conquest of the Philippines, carried out by Miguel López de Legazpi in 1565, a royal decree of Philip II, dated June 1, 1574, created the Governorate and Captaincy General of the Philippines, part of the Viceroyalty of New Spain. In judicial matters it initially depended on the Real Audiencia of Mexico, until the creation in 1583 of the Real Audiencia of Manila.
The Recopilación de Leyes de Indias of 1680, in Law III (Audiencia y Chancilleria Real de México en la Nueva España) of Title XV (De las Audiencias y Chancillerias Reales de las Indias) of Book II, sets out the boundaries and the officials of this Audiencia:[1]
In the City of Mexico Tenochtitlan, Head of the Provinces of New Spain, shall reside another of our Royal Audiencias and Chancelleries, with a Viceroy, Governor and Captain General and our Lieutenant, who shall be President: eight Oidors: four Alcaldes del Crimen: and two Fiscales: one for Civil matters, and the other for Criminal matters: an Alguacil Mayor: a Lieutenant of the Grand Chancellor: and the other Ministers and Officials necessary, which shall have as its district the Provinces properly called those of New Spain, together with those of Yucatán, Cozumel and Tabasco: and along the Coast of the North Sea and the Mexican Gulf, as far as the Cape of Florida: and along the South Sea, from where the limits of the Audiencia of Guatemala end, to where those of Galicia begin, as they are designated for them by the laws of this title, dividing them with these to the East and West: with the North Sea and the Province of Florida to the North: and with the South Sea to the South.
Competence
The Real Audiencia was the supreme court of justice. Its competences were:
- To serve as a court of first instance in civil and criminal matters in Mexico City and five leagues around it; this was called the provincial audiencia.
- Appeals against the rulings of alcaldes mayores, governors and courts of first instance.
- Appeals against its own decisions; those in civil matters disputing sums greater than 6,000 pesos were referred to the Council of the Indies.
- Civil and criminal trials, except those under ecclesiastical, military or mercantile fuero.
- In ecclesiastical matters, it had competence over matters relating to the Real Patronato and jurisdictional disputes between lay and ecclesiastical judges.
- The recurso de fuerza, that is, the claim of those aggrieved by ecclesiastical judges, which applied in cases where these judges lacked competence to hear the cases, failed to observe the rules governing ecclesiastical trials, or refused appeals that were admissible.
- Those aggrieved by the resolutions of the Viceroy could "petition" before the Real Audiencia. If the viceroys exceeded their powers and attributions, the Audiencia could make representations to them about the situation and, if not heard, report it to the sovereign.
- They could issue autos acordados for the proper administration of justice, and with them could fill regulatory gaps regarding procedures or interpret the procedural rules in force.
- In fiscal matters, they established the tribute that the Indian towns had to pay; likewise, it could audit the accounts of the officials of the Real Hacienda.
- They had to enforce royal orders and could eventually "petition" against a law (when it suffered from a defect) and make representations before the Council of the Indies.
- They had to be particularly concerned with the good treatment of the Indigenous people.
The Real Audiencia was a chancellery, being the depository of the royal seal, for which reason its members were considered representatives of the person of the Monarch. For this reason it could issue royal provisions. It received its first ordinance on April 22, 1528, expanded and corrected on July 12, 1530. The ordinances of the audiencias of Valladolid and of Granada were regarded as supplementary sources. The Recopilación de leyes de los reynos de las indias of 1680 compiled the provisions relating to its functioning.
The Real Audiencia met with the Viceroy to discuss and decide serious cases; this was called the Real Acuerdo. In the event of the Viceroy's death, and in the absence of a pliego de mortaja, the Real Audiencia acted as governor on an interim basis.
Composition
At the head of the Real Audiencia was a President. The first were Nuño Beltrán de Guzmán and Sebastián Ramírez Fuenleal. In 1535 this office passed to the successive viceroys. In 1776 it was provided that the court would be directed by a Regent.
The Recopilación de leyes de los Reynos de Indias established that there should be eight oidors, a number that increased to twelve in 1739.
In 1568 a Sala del Crimen (Criminal Chamber), with a fiscal and four alcaldes, was created and added to the Sala de lo Civil (Civil Chamber). In 1786 a fiscal of the Real Hacienda was added.
There were also minor officials, such as the chancellor, rapporteur, fiscales, treasurer, alguacil mayor, interpreters (of Indigenous languages) and porter.
The oidores were appointed by the King, after consultation with the Council of the Indies. In principle, merit was to be taken into account, in particular service as fiscal or as oidor in lower-ranking audiencias, such as that of Santo Domingo or Guatemala. However, from the 17th century onward a large share of appointments were made through a negotiation between the applicant and the Crown, involving a large sum of money; it was a variant of the sale of offices.[2]
As a general rule, oidores could not be natives of the kingdom in which they served, and in the Indies they also could not engage in dealings and contracts (from 1549) or marry within their jurisdiction (from 1575). These provisions, motivated by the intention of ensuring the impartiality of the oidores and their loyalty to the King, went so far as to forbid them from serving as godparents to children or attending weddings and funerals.[3] In practice, this was legislation that could not be applied in full. Oidores could request licenses to marry, usually women of the local oligarchy, and by the middle of the 18th century most of them were "criollos", that is, Spaniards born in New Spain.
See also
References
- ↑ Recopilación de las Leyes de Indias (1680). Titulo Quince. De las Audiencias y Chancillerias Reales de las Indias (in español). [1].
- ↑ García, Antonio (2014). "Corrupción y venalidad en la magistratura mexicana durante el siglo XVIII". Illes i imperis: Estudios de historia de las sociedades en el mundo colonial y post-colonial (in español). Retrieved May 19, 2020.
- ↑ Rubio Mañé, Jorge Ignacio (2005). El virreinato, I. Orígenes y jurisdicciones y dinámica social de los virreyes (in español) (2a. ed. ed.). Fondo de Cultura Económica. pp. 57–67.
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Bibliography
- Arregui Zamorano, Pilar (1981). La Audiencia de México según los visitadores (siglos XVI y XVII) (in español). México: Universidad Nacional Autónoma de México. Instituto de Investigaciones Jurídicas. ISBN 968-5801-96-7 [2].
- Ruiz Medrano, Ethelia (1991). Gobierno y sociedad en Nueva España: segunda audiencia y Antonio de Mendoza (in español). Zamora (Michoacán, México): Gobierno del Estado de Michoacán, El Colegio de Michoacán. ISBN 968-7230-69-X.
