audiencia

▪ Spanish court

      in the kingdoms of late medieval Spain, a court established to administer royal justice; also, one of the most important governmental institutions of Spanish colonial America. In Spain the ordinary judges of audiencias in civil cases were called oidores and, for criminal cases, alcaldes de crimen. The presiding officer of the audiencia was called gobernador, or regente. From the reign of Philip II (1556–98), the decisions of audiencias were final, except when the death penalty was decreed or in civil cases when the amount of money involved exceeded a certain sum. In these instances appeals could be made to a higher court, the chancillería.

      During the 16th century, audiencias were established in the various administrative districts (viceroyalties, captaincies general) of Spanish America. They were empowered to hear complaints against viceroys and captains general (executive officers) and to take appropriate actions to curb abuses of power. Audiencias were charged by the crown with safeguarding the rights of Indians, and two days a week were allotted to hearing cases involving them. Their primary function was still judicial. They had both civil and criminal jurisdiction, and appeals in major cases could be made from their decisions to the Council of the Indies in Madrid. The presiding officer of the audiencia was the viceroy or captain general, but, unless he was learned in the law, he was excluded from its strictly judicial functions. Three to five oidores and the presiding officer constituted the less-important audiencias, whereas the number of judges of the audiencia of Mexico City, founded in 1527 with four oidores, had risen to 10 by the 18th century.

      The first audiencia in the New World was that of Santo Domingo, set up in 1511, with jurisdiction over the Caribbean islands. The audiencia of Mexico City, established in 1527, eventually embraced much of the present-day republic of Mexico and the Gulf of Mexico coastal region and Florida. The audiencias of Lima and Guatemala were set up in 1542 and 1543, respectively, and by about 1550 three more had been constituted. By the end of the colonial era, a total of 13 had been established within the four viceroyalties. See also Indies, Laws of the; residencia.

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