CHAPTER VIII - Jurisdiction and Procedure

Summary

Under the Ordinances of Monzón the audiencia was empowered to hear both civil and criminal appeals from the decisions of all other secular courts within its province. It held also first-instance jurisdiction in the ancient casos de corte, in criminal charges arising within five leagues of the capital city, and in all cases of debasement and counterfeiting. From the audiencia's decisions in criminal cases there was no appeal; in civil cases involving large sums aggrieved parties might appeal to the king in the Council of the Indies en grado de segunda suplicación on questions of law, but not on questions of fact, and always provided that they appeared before the Council within one year. In such cases the decisions of the audiencia were to be executed pending the findings of the Council; but the parties in whose favour the audiencia had decided were required to furnish security, in case the Council should reverse the audiencia's decisions. In cases involving less than 10,000 pesos, but more than 200, the aggrieved parties might, as under the 1548 ordinances, demand a re-trial en grado de suplicación before the whole audiencia, provided that the appeal was on a question of law, or that new facts had come to light.

Civil cases involving less than 200 pesos, and criminal cases of a trivial nature (casos de palabras ligeras) might be decided by one oidor sitting alone.