22 
Introduction 
relations as befitting the representative of the king. 28 Such an audiencia, 
presided over by a president, was called a presidency. 
The audiencias of Santo Domingo and Guatemala were composed of 
a president and four and five oidores , respectively; in each case the presi¬ 
dent of the audiencia was also governor and captain-general, 29 and, 
as such, each exercised considerable administrative and military power, 
particularly the latter. An audiencia district presided over by a captain- 
general was called a captaincy-general. Audiencias in general were not 
intended to be courts of first instance, but, rather, courts of appeal. From 
the decision of the audiencia appeal could be made to the Council of the 
Indies. 
Not the least significant of the duties of the audiencia were those in con¬ 
nection with the protection of the Indians, the instructions and laws 
being very specific in this regard. In its administrative capacity the audi¬ 
encia served as an advisory council for the viceroy. In fact these rela¬ 
tions between the audiencia and the viceroy were similar to those which 
existed between the king and the Council of Castile. Whenever, in this 
advisory capacity, the audiencia met with the viceroy, such a meeting was 
called a real acuerdo. 30 But while the viceroy was bound to hear the advice 
of the audiencia he was not forced to follow it. 31 Then, in addition to 
advisory duties the audiencia performed various duties more or less inde¬ 
pendent of the viceroy, as the right to appoint certain officers and pass 
upon their conduct. In brief, then, on the administrative side the audi¬ 
encia shared the government with the viceroy. 82 
Under the Spanish colonial system the first and largest administrative 
sub-division derived its name from the officer who ruled it—the viceroy. 
With the establishment of the viceroyalty of New Spain in 1535, Spain 
made a permanent institution of what had been an occasional one thereto¬ 
fore. As such the viceroy was the personal representative of the absolute 
Spanish monarch, a fact which, in spite of the many checks upon his 
power, gave him far more prestige than any other official. While the 
duties of the viceroy were multifarious, as is shown by the fact that 
seventy-four laws are found in the Recopilación specifying them, these 
may be grouped under the following heads: (1) general administrative 
duties, as the executive officer of the jurisdiction; (2) military duties, as 
captain-general; and (3) ecclesiastical functions as vice-patron of the 
Church. 
28 Recopilación, lib. 2, tit. 15, ley 52. 
29 Id., lib. 2, tit. 15, leyes 2 and 6, respectively. 
30 Recopilación, lib. 3, tit. 3, ley 45. 
31 Lucas Alamán, op. cit., pp. 41-42; J. M. Antequera, Historia de la Legislación 
Española (fourth ed., Madrid, 1895), p. 567. 
32 Additional references to the audiencia in the Spanish colonies are: L. Alamán, op. 
cit., pp. 40-45; J. M. Antequera, op. cit., pp. 567-568; Bancroft, Central America, I. 
270-273; J. M. Beristain y Souza, “ Audiencia de Megico ”, in his Biblioteca Hispano 
Americana Setentrional (Amecameca and Santiago de Chile, 1883-1897) ; Bourne, op. 
cit., pp. 227-234; Charles H. Cunningham, The Audiencia in the Spanish Colonies as 
illustrated by the Audiencia of Manila, 1583-1800 (Berkeley, 1919), particularly chapter 
I.; Desdevises du Desert, op. cit., pp. 138-156; B. Moses, op. cit., pp. 263-267; Recopila¬ 
ción, lib. 2, tit. 15-22. 
