234 FUERO PRIVILEGES. 



the finger and thumb. Generally speak- 

 ing, however, the process of examination is 

 gone through without a single oath being ad- 

 ministered ; and in the absence of witnesses, 

 the alcalde often proceeds to sentence upon 

 the simple statements of the contending par- 

 ties. By a species of mutual agreement, the 

 issue of a suit is sometimes referred to horn- 

 hres huenos (arbitrators), which is the nearest 

 approximation that is made to trial by jury. 

 In judicial proceedings, however, but httle, or 

 rather no attejition is paid to any code of laws; 

 in fact, there is scarcely one alcalde in a dozen 

 who knows what a law is, or who ever saw a 

 law-book." Their decisions, when not influ- 

 enced by corrupt agencies, are controlled by 

 the prevailing customs of the country. 

 In the administration of iustice, there are 



three distinct and privileged jurisdictions, 



knowTi as fueros : the eclesidstico, which 

 vides that no member of the clergy, at least 

 of the rank of curate and upwards, shall ever 

 be arraigned before a civil tribunal, but shall 

 be tried by their superiors in the order ; the 

 militar, which makes a similar provision in 

 favor not only of commissioned officers, but 

 of every common soldier from the ranks ; arid 

 the civil or ordinary courts, for all cases in 

 which the defendants are laymen. These 

 fueros have hitherto maintained the ecclesi- 

 astical and mihtary classes in perfect independ- 

 ence of the civil authorities. The civil, m 

 fact, remains in some degree subordinate to 

 the other two fueros ; for it can, under no cir- 



