Page:Vol 3 History of Mexico by H H Bancroft.djvu/553

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POWER OF VICEROY.
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demn to death. Under pressure from envious aspirants to power, the sovereign took the wise precaution of creating an audiencia, like that at Santo Domingo, to administer justice, and watch over the observance of laws, and over the royal interest. Its president acted also as governor till the arrival of the first viceroy in the person of Mendoza.

While representing the king this high official was greatly restricted in his powers, especially in later times. His office embraced those of president of audiencia, governor, and captain-general, terms which to a certain extent indicate the authority wielded. As president, however, he possessed no vote in judicial matters, though he watched the proceedings of the oidores, signed their decisions, and directed to some extent their movements.[1] As governor, he was the head of the departments of state generally, watching also over religious observance, supervising the treasury,[2] and looking in particular to the welfare of the Indians. He could promote discovery expeditions, but the privilege to distribute encomiendas and lands was greatly absorbed by minor governors of provinces. Yet with him lay the provisional appointment of governors, captain-generals, and intendentes whenever vacancies occurred, and a number of alcaldías mayores and other offices were assigned to him for free disposal.[3] This privilege extended also to ecclesiastical offices, where he exercised the royal patronage in selecting one of

  1. He took cognizance in first instance of Indian cases, and indirect cognizance in the sessions of the civil, fiscal, and others, as Azanza explains in his Instrucciones, MS., 11. The pardoning power was greatly restricted by a decree of 1054. Montemayor, Svmarios, 100. See also Recop. de Ind., i. 373.
  2. Every Thursday he presided over the treasury council, and directed the steps for increasing revenues. Yet he could not grant exemption from tribute, or dispose of funds save in extraordinary cases. He might send officials to investigate the management of collectors' departments. His power in this respect was similar to that of the superintendente general de real hacienda in Spain. Beleña, i. 333.
  3. Calle gives a list of them with their values. Mem. y Not., 100, 105-8. Their number varied at the pleasure of the king, and to some viceroys special permission was issued to confer a certain number on 'servants and adherents,' which otherwise could not be allowed. Reales Cédulas, MS., ii. 237. The power to appoint governors ad interim of the Philippines was at times withdrawn. Doc. Inéd., xxi. 402-3.