notations, and with division of the subject into distinct paragraphs, in the order of ecclesiastical, political, financial, and military matters, each with references to the attached documents arranged in similar order.[1] The chief depository for documents was of course at Mexico, and a large proportion of cedulas were directed to the viceroy for transmission, with the privilege of putting his own construction on them, or even of withholding them should they prove inexpedient.
Although the alcaldes del crímen, and even oidores in certain cases and circuits took cognizance in first instance, yet this was as a rule left to the alcaldes ordinaries, of whom every town of any size had two.[2] To viceroys and governors pertained first instance in Indian cases. First cognizance was also exercised by a number of industrial corporations, such as the consulado in disputes between traders, and the protomedicato in affairs among the medical profesions. Among miners, territorial deputies acted in first instance with appeal to intendentes assisted by two miners. The jurisdiction of these bodies was lessened toward the close of the last century; yet Revilla Gigedo suggested a greater curtailment, for officials connected with such courts went so far in their eagerness to obtain suits as to stir up discord, cast discredit on the legal tribunals, and assume too much independence.[3] The church retained a wide jurisdiction, although secular tribunals were assuming more interference. The provisorato de Indias attended to ques-
- ↑ Id., 372 Yrolo, Opera, Mex. 1605, 4to, is a curious old book devoted wholly to forms for legal and public documents. It is full of marginal notes, illustrated with floriated capitals.
- ↑ At Mexico the five audiencia alcaldes attended to cases of first instance, and Revilla Gigedo objects to her two alcaldes ordinaries as useless, yet each of her eight cuarteles had four alcaldes de barrio who possessed a certain cognizance and supervision.
- ↑ This right of exemption from ordinary jurisdiction was known as fuero. He also objected to the privilege of Cortés' heirs to appoint on their estate alcaldes mayores and corregidores who took cognizance, with appeal to the juez de privado del estado, an oidor, and finally to the audiencia. Instruc., 24-8. The dukedom of Atlixco had similar privileges. Sailors fell partly under the jurisdiction of the governor of Vera Cruz and the comisario de marina at San Blas.
