Page:Vol 3 History of Mexico by H H Bancroft.djvu/559

Rh While the audiencias were really sovereign tribunals to which appeals might be made even from the decisions of governors, they also possessed a certain supervision over affairs and had to report to the India Council, giving suggestions on all points that might promote the interests of the crown and the welfare of colonists and natives. They were given jurisdiction in the residencias of the inferior judiciary, and could send forth members or special agents to investigate their administration. They had cognizance in matters of tithes, royal patronage, and treasury, and could fix not only notarial and court fees, but those of ecclesiastic tribunals, watch over the friars and clergy, interfere in their estates and revenues, and take cognizance even in cases decided by their visitadores. These powers were not enjoyed by similar bodies in Spain, chiefxy because the supreme councils and government were nearer at hand.

The first audiencia in America, that at Santo Domingo, enjoyed for a time special supervision over all the new world, and its president attended to the government of the island, without vote injudicial matters. On a similar basis were formed the subsequent bodies, with certain limitations, such as vesting the presidency in the viceroy where one existed, with greater independence of action, and in subordinating certain audiencias to those of older standing.

At first only four oidores had been appointed for Mexico, but it soon became apparent that this number was too small to attend even to the increasing civil suits and government cases, while the criminal department was greatly neglected. This led to an increase of their number and the appointment of additional officers till the bod}an the middle of the eighteenth century consisted of twelve oidores, six alcaldes del crímen, two fiscales or prosecutors, one alguacil