II. The Audiencia of New Galicia in the Sixteenth Century

Abstract

Spain at the close of the fifteenth century had just completed a long process of unification, accomplished by a series of crusades, partly national and partly religious in character, within Iberian territory. Pride of race, skill in arms and a truculent missionary Catholicism characterized the ruling elements in the new Spanish state, especially in Castille, the dominant partner of the union. A stern royal discipline controlled the ambitions of the aristocracy. The monarchy was strong, at that time truly national, supreme in both Church and State. Its authority, however, though autocratic, was by no means lawless. Canon and Civil Law, adapted to national needs, existed side by side with jealously guarded localfuerosand the interpretation and reconciliation of masses of conflicting law lay in the hands of a numerous and very powerful legal profession. Spain, indeed, carried over from the age of feudalism into the age of sovereignty the supposedly mediaeval notion of jurisdiction as the essential function of authority. The monarch was still a judge, the chief of judges. His authority was most directly and characteristically represented by the high courts of justice and in the government of his dominions the school-trained lawyer was his most useful servant.