Page:C. Cunningham- "The Institutional Background of Spanish American History".djvu/10

Rh This code constituted the basis of colonial law for a century and a half. The Code of the Indies was brought together in 1680, embodying royal decrees, judicial decisions, and autos acordados in regulation of colonial affairs for a period of a hundred and fifty years. Notwithstanding the promulgation of these special laws, the Code of Castile remained the foundation of legal procedure for the colonies until the end of Spain's rule.

The most notable institutional development in the fourteenth century was the growth of the institution of the audiencia. Enrique II. increased the number of letrados in the tribunal of Castile, and added seven alcaldes with criminal jurisdiction. These latter did not have the rank and status of oidores, and were without jurisdiction over civil suits or questions of the interpretation of the law. This same king, by the Ordinance of Toro, raised the audiencia to the rank of a chancery, that is, a superior tribunal of appeals, with the arms and seal of the king. Enrique sought to expedite the administration of justice and to improve the territorial arrangement by ordaining that the audiencia should hold sessions at Segovia and Seville, respectively. This was to be accomplished by dividing the tribunal into two sections. In 1383, Juan I. added the important office of fiscal procurador to the personnel of the audiencia of Castile. It was the function of this offcial to prosecute cases in behalf of the crown before the audiencia. Though he was subordinate in rank to the oidores, the diversity of the duties thrust upon the fiscal from time to time made him the most versatile, if not most important, official in the judicial system. In 1383 the monarch was excused from the obligation of affixing his signature to the provisions of the audiencia, and he was also relieved at this time of the necessity of personally attending the sessions of the tribunal. The signing of decisions thereafter devolved upon the oidores, hence the necessity for the retention of the royal seal by the tribunal. The matter of residence was again altered in 1387, when it was arranged that the tribunal should hold sessions three months a year in each of the following towns: Medina del Campo, Olmedo, Madrid and Alcala de Henares. Two years later, noting the evil effects of the peregrinations of the audiencia, Juan I. decreed