Page:Vol 3 History of Mexico by H H Bancroft.djvu/291

Rh no less dreaded than were the English and the Dutch. The Chichimecs, Otomís, and other native tribes, who, though often defeated, had never been brought under subjection, infested the provinces, plundering the settlements and rendering travel unsafe. To add to this evil the community was kept in constant alarm by organized bands of brigands, who almost held possession of many of the public highways, and neither treasure, merchandise, nor traveller could pass along them without a strong escort.

All efforts to remedy this evil had proved unavailing. The courts of justice were corrupt, especially the criminal court. In Viceroy Linares' instructions to his successor we have a startling description of the irregularities which prevailed during his administration and long previously. The despatch of business, no matter how important, was continually left to the clerks, and perjury and false testimony constantly admitted without any attempt to punish the false witnesses. Rich criminals laughed at the idea of meeting with their deserts, but the poor were treated with the utmost rigor, the wives and children of any who escaped from justice being reduced to slavery. The members of this tribunal paid no heed to the orders of the audiencia, and the alcaldes mayores perjured themselves, violated their obligations, and both gave and received bribes. A portion of the gains of brigandage sufficed to procure immunity for the robber, and even the judges sent by the audiencia to investigate cases of appeal gave their decision in favor of the richer contestants.

In view of this state of affairs the viceroy determined to invest the court of the santa hermandad with greater and more unrestricted powers, and the dreaded tribunal known as the acordada was finally established. I will now give some account of the functions and previous operations of the santa hermandad from which the acordada was developed,