Royal Audiencia of Santiago

The Real Audiencia of Chile (in Spanish complete: Audiencia y Cancillería Real de Chile ) was a Court of Justice, an institution of the colonial administration and also 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 Spanish King Charles V issued the " laws on India " (Spanish: Leyes de Indias ), and the " New Laws " (Spanish: Leyes Nuevas ), in which he manage the the overseas colonies in the " Viceroyalty of New Castile " organized and regulated.

For the implementation of the laws and the support of the military governors of the real Audiencias were responsible. Means that they fulfilled tasks in administration and finance, which went far beyond that of a Court of Justice according to current understanding, especially since a separation of powers was unknown. In addition to a chairman and four judges (Spanish: Oidores ) there was a prosecutor (Spanish: fiscal ), but also subordinate executive powers as a constable (Spanish: alguacil mayor ), police forces, translators, etc.

The Real Audiencia of Concepcion

Immediately after the first permanent settlement by the Spaniards from 1540, the Justicia Mayor was in charge of the case law; Court of Appeal acted as the Real Audiencia of Lima, which was simultaneously founded with the Viceroyalty in November 1542. 1560 requested the local representative of the Crown to the President of the Audiencia of Lima, the establishment of a separate Audiencia of Chile - this would help to control the governors, who were at that time still conquistadors and adventurers. In addition, the tax revenue would rise thanks to firmer recovery.

King Philip II decreed on 18 May 1565, the establishment of a Real Audiencia in Concepción. The leaders took over the duties of the governor, when the post was vacant. Under the Gouvernat of Rodrigo de Quiroga López de Ulloa, there was a power struggle between the Audiencia and the Governor; the judges took over the rule in Chile. King Philip possessed a document dated August 26, 1573 resolution of the Audiencia and sat Quiroga again as governor. This decision was completed on June 25, 1575. The entire colonial administration, the representative of the king, but also the functions of the Court went to the Governor General and later the captain.

The Real Audiencia of Santiago

As soon demanded the inhabitants the resettlement of the institution. On February 17, 1609 issued King Philip IV a decision to establish a new Real Audiencia in Santiago de Chile. As President of the governor and captain-general should act. The Oidores had besides their traditional civil duties and the function of the criminal courts: to meet (Spanish alcalde del crimen ).

Reforms of 1768

1768 sparked Viceroy Manuel de Amat y Juniet Chiloé Island from the responsibility of the Audiencia and transferred the administration directly to the Viceroyalty of Lima.

Reforms of 1776

King Charles III. reformed the administration of the grown colony. The area east of the Andes was summarized in the newly established Viceroyalty of the Río de la Plata, on the 1785 from its own Audiencia, which was Real Audiencia of Buenos Aires, furnished.

At the top of the Real Audiencia now joined Regente, who took over the legal, economic and administrative management of the colony. The governor was responsible only for the military high command and the political representation. In addition, the location of a second attorney was granted.

1779 the Real Academia de Leyes y Carolina Práctica forense has been established, monitored for the admission of attorneys. Quality Office was one of the Oidores its director.

Reforms from 1786 onwards

1786 the administrative territory of the Audiencia was divided into two Intendencias to cope with the operational management work better. One unit was headed from Santiago, one of Concepción.

With the establishment of the Royal Commercial Court in 1795 (Spanish: Real Tribunal de Consulado ) and the Royal Court in 1802 mining (Spanish: Real Tribunal de Minería ) step in specialization in jurisprudence ahead.

Role during the independence movement

With the election of a government junta on September 18th, 1810 the process that should lead to the independence of the country began. Judge Fernando Márquez de la Plata was elected by the Assembly in the junta. With the rise of radical forces to José Miguel Carrera became the Audiencia, whose representatives were always minded loyal royalist, in the line of fire of the radicals.

Resolution after Figueroa - coup

On April 1, 1811, royalist officer Tomás de Figueroa attempted a coup to restore the old colonial order in the country. He marched with a force of rebel soldiers to the government palace, which he however vorfand empty; the junta members had brought to safety in time. Then pulled the coup leaders to the building of the Real Audiencia, which looked their normal business. Figueroa argued his claims, but the judges said, they lacked the means of power to enforce them. However, they agreed to carry forward Figueroa concerns in writing to the junta. Shortly after loyalist troops arrived and defeated the Aufständischem after a brief firefight.

The radical forces of the military junta led by Juan Martínez de Rozas ( Exaltados ), who sought the complete independence of Chile, took the opportunity to the Audiencia, which was regarded them as supportive of the Spanish Kolonielherrschaft to dissolve. The immediate pretext was the accusation that the judges had participated in the uprising Figueroa. The royalist 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 the government institutions in the Revolutionary War; the function of the Supreme Court went on to a newly erected Court of Appeal (Spanish: Tribunal de Apelaciones ) above.

Resettlement during the Reconquista

After the defeat of the Independence Army at the Battle of Rancagua in October 1814, the Spaniards again took power in Chile. Governor Mariano Osorio put the Real Audiencia again.

After independence,

In February 1817, however, defeated the Chileans the Spaniards at the Battle of Chacabuco and the Spaniards were able to distribute final. Thus ended the jurisdiction of the Audiencia. A Court of Appeal (Spanish: Corte de Apelaciones ) and then after the adoption of the Constitution of 1823: Under the victorious Director Supremo Bernardo O'Higgins an Appeals Chamber was determined according to the provisional constitution of 1818 ( Cámara de Apelaciones Spanish) set that still exists today.

Regentes the Real Audiencia of Santiago

• Until 1776, the governor was also the Chairman of the Audiencia
• Tomás Álvarez de Acevedo (1776-1788)
• Francisco Antonio Moreno y Escandón (1788-1792)
• José de Ugarte y Rezabal (1792-1803)
• Fernando Márquez de la Plata (1803-1806)
• Juan Rodríguez Ballesteros (1806-1811)