Juicio de residencia
Encyclopedia
A juicio de residencia was a judicial procedure of Castilian
law and the Laws of the Indies
. It consisted of this: at the termination of a public functionary's term, his performance in office was subject to review, and those with grievances against him were entitled to a hearing. This was largely an automatic procedure, and did not imply prior suspicion of misconduct.
The official was not allowed to leave the place where he exercised his authority, nor to assume another office, until the conclusion of this judicial inquiry. Generally, the person charged with directing the inquiry, called the juez de residencia (residence judge), was that individual already named to succeed to the position. The penalties varied, that is if the outgoing official was convicted, but generally consisted of fines.
The juicio de residencia took on great importance in the administration of the Indies, perhaps because of the great distances involved and the difficulty of direct supervision by the Crown. It extended from the viceroy
s and the presidents of the Audiencia to the alcalde
s and the alguaciles (judicial officials, sometimes translated as sheriffs). With the entrance into force of the Spanish Constitution of 1812
, the procedure no longer applied.
Originally, every viceroy had to pass his juicio de residencia before his successor could take office. But in the eighteenth century viceregal juicios were conducted after the outgoing viceroy had returned to Spain. During the lengthy process (up to six months), the degree of the viceroy's compliance with his instructions was analyzed, his job performance was reviewed, and many testimonies were collected from different parties.
Another formula the Crown used to control its officials, including the viceroy in his capacity as president of the Audiencia, was the visitador who collected visitas. The visitador was an inspector named at the pleasure of the king to investigate a particular administration. Like the juicio, this institution had the aim of discovering abuses committed by the authorities, and proposing necessary reforms.
Crown of Castile
The Crown of Castile was a medieval and modern state in the Iberian Peninsula that formed in 1230 as a result of the third and definitive union of the crowns and parliaments of the kingdoms of Castile and León upon the accession of the then King Ferdinand III of Castile to the vacant Leonese throne...
law and the Laws of the Indies
Laws of the Indies
The Laws of the Indies are the entire body of laws issued by the Spanish Crown for its American and Philippine possessions of its empire. They regulated social, political and economic life in these areas...
. It consisted of this: at the termination of a public functionary's term, his performance in office was subject to review, and those with grievances against him were entitled to a hearing. This was largely an automatic procedure, and did not imply prior suspicion of misconduct.
The official was not allowed to leave the place where he exercised his authority, nor to assume another office, until the conclusion of this judicial inquiry. Generally, the person charged with directing the inquiry, called the juez de residencia (residence judge), was that individual already named to succeed to the position. The penalties varied, that is if the outgoing official was convicted, but generally consisted of fines.
The juicio de residencia took on great importance in the administration of the Indies, perhaps because of the great distances involved and the difficulty of direct supervision by the Crown. It extended from the viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
s and the presidents of the Audiencia to the alcalde
Alcalde
Alcalde , or Alcalde ordinario, is the traditional Spanish municipal magistrate, who had both judicial and administrative functions. An alcalde was, in the absence of a corregidor, the presiding officer of the Castilian cabildo and judge of first instance of a town...
s and the alguaciles (judicial officials, sometimes translated as sheriffs). With the entrance into force of the Spanish Constitution of 1812
Spanish Constitution of 1812
The Spanish Constitution of 1812 was promulgated 19 March 1812 by the Cádiz Cortes, the national legislative assembly of Spain, while in refuge from the Peninsular War...
, the procedure no longer applied.
Originally, every viceroy had to pass his juicio de residencia before his successor could take office. But in the eighteenth century viceregal juicios were conducted after the outgoing viceroy had returned to Spain. During the lengthy process (up to six months), the degree of the viceroy's compliance with his instructions was analyzed, his job performance was reviewed, and many testimonies were collected from different parties.
Another formula the Crown used to control its officials, including the viceroy in his capacity as president of the Audiencia, was the visitador who collected visitas. The visitador was an inspector named at the pleasure of the king to investigate a particular administration. Like the juicio, this institution had the aim of discovering abuses committed by the authorities, and proposing necessary reforms.