Real Audiencia of Chile

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General Capitol of Chile 1609–1776

The Real Audiencia of Chile (in Spanish in full: Audiencia y Cancillería Real de Chile ) was a court of justice, an institution of colonial administration and at the same time a judicial district ( Real Audiencia ) in the viceroyalty of Peru , which existed from 1565 to 1811 and from 1815 to 1817.

The role of the Real Audiencias in the colonies

After the conquest of Central and South America ( Conquista ) by the Spaniards, King Charles V issued the "Laws on India" (Spanish: Leyes de Indias ) and the "New Laws" (Spanish: Leyes Nuevas ), in which he governed of the overseas colonies in the "Viceroyalty of New Castile" organized and regulated.

The Real Audiencias were responsible for the implementation of the laws and the support of the military governors . They fulfilled tasks in administration and finance that went far beyond that of a court according to today's understanding, especially as a separation of powers was unknown. In addition to a chairman and four judges (Spanish: Oidores ) there was a public prosecutor (Spanish: fiscal ), but also subordinate executive forces such as a bailiff (Spanish: alguacil mayor ), police forces, translators, etc.

The Real Audiencia of Concepción

Immediately after the first permanent settlement by the Spaniards from 1540, the Justicia Mayor was responsible for jurisdiction; the Real Audiencia of Lima , founded at the same time as the Viceroyalty in November 1542, acted as the court of appeal . In 1560 the local representatives of the crown asked the president of the Audiencia of Lima to set up a separate audiencia for Chile - this would help control the governors , who were conquistadors and adventurers at the time . In addition, tax revenues would increase thanks to tighter collections.

On May 18, 1565, King Philip II ordered the establishment of a Real Audiencia in Concepción . Those in charge took over the governor's duties when the post was vacant. Under the governorate of Rodrigo de Quiroga López de Ulloa there was a power struggle between the Audiencia and the governor; the judges took over rule in Chile. With a deed dated August 26, 1573, King Philip ordered the dissolution of the Audiencia and reinstated Quiroga as governor. This decision was taken on June 25, 1575. The entire colonial administration, the representation of the king, but also the functions of the judiciary were transferred to the governor and later to the captain general.

The Real Audiencia of Santiago

Former building of the Real Audiencia in the Plaza de Armas of Santiago, now the National History Museum

The residents immediately demanded that the institution be re-established. On February 17, 1609, King Philip IV issued a resolution to set up a new Real Audiencia in Santiago de Chile . The governor and captain general should act as president . In addition to their traditional civil law duties, the Oidores also had to fulfill the function of criminal judge (Spanish: alcalde del crimen ).

Reforms of 1768

In 1768 Viceroy Manuel de Amat y Juniet released the island of Chiloé from the responsibility of the Audiencia and transferred the administration directly to the Viceroyalty in Lima .

Reforms of 1776

General Capitanate Chile 1776-1818

King Charles III reformed the administration of the grown colony. The area east of the Andes was combined in the newly established viceroyalty of the Río de la Plata , for which a separate audiencia, the Real Audiencia of Buenos Aires , was established from 1785 .

The Real Audiencia was now headed by a regent who took over the legal, economic and administrative management of the colony. The governor was only responsible for the military command and political representation. In addition, the position of a second public prosecutor was approved.

In 1779 the Real Academia Carolina de Leyes y Práctica Forense was set up to watch over the admission of lawyers. Qua Amt was one of the Oidores there director.

Reforms from 1786

In 1786, the administrative area of ​​the Audiencia was divided into two Intendencias in order to better cope with the operational administrative work. One unit was directed from Santiago, one from Concepción.

With the establishment of the Royal Commercial Court in 1795 (Spanish: Real Tribunal de Consulado ) and the Royal Mining Court (Spanish: Real Tribunal de Minería ) in 1802 , specialization in the judiciary advanced.

Role during the independence movement

With the election of a government junta on September 18, 1810, the process that would lead to independence began. Judge Fernando Marquez de la Plata was elected to the junta by the assembly. With the strengthening of the radical forces around José Miguel Carrera , the Audiencia, whose representatives always remained loyal to the king, came into the line of fire of the radicals.

Dissolution after the Figueroa putsch

On April 1, 1811, the royalist officer Tomás de Figueroa attempted a coup to restore the old colonial order in the country. He marched with a troop of insurgent soldiers to the government palace, which he found empty; the junta had made it to safety in good time. The coup plotters then moved to the Real Audiencia building , which went about its normal business. Figueroa put forward his demands, but the judges said they lacked the power to enforce them. However, they agreed to put Figueroa's concerns in writing to the junta. Troops loyal to the government arrived shortly afterwards and defeated the insurgents after a brief firefight.

The radical forces of the junta under Juan Martínez de Rozas ( exaltados ), who were striving for full independence of Chile, took the opportunity to dissolve the Audiencia , which they regarded as the mainstay of Spanish colonial rule. The immediate pretext was the allegation that the judges had participated in the Figueroa uprising. The royalist-minded judges (including Juan Rodríguez Ballesteros) were given safe conduct to Lima .

The administrative functions of the Audiencia were taken over by the National Congress and government organs during the War of Independence ; the function of the highest jurisdiction was transferred to a newly established court of appeal (Spanish: Tribunal de Apelaciones ).

Re-establishment during the Reconquista

After the defeat of the Independence Army at the Battle of Rancagua in October 1814, the Spaniards returned to power in Chile. Governor Mariano Osorio also reinstated the Real Audiencia .

After independence

In February 1817, the Chilean-Argentine Andean Army under José de San Martín defeated the Spaniards in the Battle of Chacabuco . The following year, the Chilean patriots were finally able to drive out the Spanish troops after the Battle of Maipú on April 5, 1818. This also ended the existence of the Audiencia. Under the director, Supremo Bernardo O'Higgins , an appeal chamber (Spanish: Cámara de Apelaciones ) was set up in accordance with a provisional constitution of 1818 and then, after the adoption of the constitution of 1823, a court of appeal (Spanish: Corte de Apelaciones ), which still exists today.

Regentes of the Real Audiencia of Santiago

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