The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918 Page: 273
434 p. ; 23 cm.View a full description of this periodical.
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The Residencia in the Spanish Colonies
pursued: (1) Charges which had been made against the offi-
cial were investigated, and (2) the records of his office were ex-
amined. The discovery was frequently made by the latter pro-
ceeding that the official had made away with money belonging to
the government. The enquiry might show that he had been care-
less in the execution of the duties of his office, remiss in his at-
tention to encomiendas, particularly neglecting the Indians
thereon, or that he had been too ignorant or incompetent properly
to try, record, and transmit the autos of the cases which had come
before him in first instance. These defects might not become ap-
parent until they were revealed in this examination.
The judge of residencia would seem to have been well occupied
during the time he was conducting the investigation. He re-
ceived and reviewed all charges made. In addition to auditing
the records of his office, he had to pursue enquiries as to the
truth of these charges. He examined witnesses both for and
against the defendant and was supposed to give the official under
investigation every opportunity to defend himself. He was, re-
lieved, however, of the trouble and responsibility of checking up
the financial accounts of officials under residencia. This impor-
tant matter was turned over to the treasury officials, who ascer-
tained shortages, and held the bondsmen of the official under in-
vestigation responsible.52 The judges of residencia and the
oidores making investigations and reviewing cases of residencia
were ordered to, confine their examinations to "criminal and legal
matters and charges which result against those under residencia."
After all the, evidence had been taken and the case had been
duly tried, the judge of residencia was authorized to render sen-
tence. Sentences were executed by the examining judge if the
penalty did not exceed a fine of twenty-five thousand marave-dis.58
Such cases were not appealable. If the fine were less than two
hundred ducats and the defendant desired to appeal, he was
obliged to pay the fine or deposit the amount. His case would
then be reviewed by the audiencia, and in order to effect this,
notice of appeal had to be submitted in sufficient time: to permit
21Ibid., 8-1-28; 5-15-35. Heavy penalties were imposed upon those who
offered insecure financial guarantees (Ibid., 5-15-33 to 36).
"aAbout 55 pesos.273
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918, periodical, 1918; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101073/m1/279/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.