Royal Audience of Santiago
Law XII (Audiencia y Chancillería Real de Santiago de Chile) of Title XV (De las Audiencias y Chancillerias Reales de las Indias) of Book II of the Recopilación de Leyes de las Indias
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...
of 1680—which reproduces Philip IV's
Philip IV was King of Spain between 1621 and 1665, sovereign of the Spanish Netherlands, and King of Portugal until 1640...
decree of February 17, 1609—describes the limits and functions of the Audiencia.
In the city of Santiago de Chile shall reside another Royal Audiencia and Chancellery of ours, with a president-governor-captain general; four judges of civil cases
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
[oidores], who shall also be judges of criminal cases
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
[alcaldes del crimen]; a crown attorney [fiscal]; a bailiff [alguacil mayor]; a lieutenant of the Gran Chancellor; and the other necessary ministers and officials, which will have for district all of said Kingdom of Chile, with the cities, towns, places and lands, which are included in the government of those provinces, including what is now pacified and populated, as well as what shall be subdued, populated and pacified inside and outside the Straits of Magellan and inland to the Cuyo Province, inclusive. And we order that said president-governor-captain general govern and administer its government (gobernación) in all matters and by all means, and that said Audiencia, nor any other minister interfere in this, except our Viceroy of Peru, in the cases, which comply with the laws in this book and as permitted by our orders, and that said president do not intervene in matters of justice, and leave the oidores to decree in them freely, and that all sign that which they decree, sentence or dispatch.
The Province of Cuyo was transferred to the Audiencia of Buenos Aires
The Real Audiencia de Buenos Aires, were two audiencias, or highest courts, of the Spanish crown, which resided in Buenos Aires. The authority of the first extended to the territory of the Governorate of the Río de la Plata and operated from 1661 to 1671...
, when the Viceroyalty of the Río de la Plata
The Viceroyalty of the Río de la Plata, , was the last and most short-lived Viceroyalty of the Spanish Empire in America.The Viceroyalty was established in 1776 out of several former Viceroyalty of Perú dependencies that mainly extended over the Río de la Plata basin, roughly the present day...
was created in the late eighteenth century.
continued to function after the establishment of the First Government Junta of the Kingdom of Chile
Government Junta of the Kingdom of Chile , also known as the First Government Junta, was the organ established to rule Chile following the deposition and imprisonment of King Ferdinand VII by Napoleon Bonaparte...
on September 18, 1810, until the Figueroa mutiny
Figueroa mutiny was a failed attempt to restore royal power and is the first coup d'état to ever take place in Chile.- Background :...
of April 1, 1811. In fact, its Regent, Fernando Márquez de la Plata
Fernando Márquez de la Plata y Orozco was a Spanish colonial functionary, and a member of the First Government Junta of Chile....
, was elected as one of the junta's
In the Napoleonic era, junta was the name chosen by several local administrations formed in Spain during the Peninsular War as a patriotic alternative to the official administration toppled by the French invaders...
members. The Figueroa uprising provided a reason to dissolve the Audiencia
, seen by many as a bastion of royalism, and it was replaced by a Tribunal de Apelaciones
or Appeals Court.
With the temporary return of royalists to power after the Battle of Rancagua, the body was reconstituted by the new Governor-Captain General, Mariano Osorio
Mariano de Osorio was a Spanish general and Governor of Chile, from 1814 to 1815.-Early career:Osorio was born in Seville, Spain. He joined the Spanish army and as many of his contemporaries, his military career began during the Spanish Peninsular War in 1808 as an artillery general, as well as...
. It functioned until 1818, when it was finally shut down by the independent government of Bernardo O'Higgins
Bernardo O'Higgins Riquelme was a Chilean independence leader who, together with José de San Martín, freed Chile from Spanish rule in the Chilean War of Independence. Although he was the second Supreme Director of Chile , he is considered one of Chile's founding fathers, as he was the first holder...
, again replaced by a new appeals court, this time called the Cámara de Apelaciones
. This was in turn the ancestor of today's Chilean Appeals Court in Santiago.
- Barrientos Grandon, Javier (1992): «Las reformas de Carlos III y la Real Audiencia de Santiago», en Temas de Derecho de la Universidad Gabriela Mistral, Nº 2. p. 23-46
- Barrientos Grandon, Javier (1993): «La Real Audiencia de Concepción (1565-1575)», en Revista de estudios histórico-jurídicos de la Universidad Católica de Valparaíso, vol. 1992-1993, Nº 15. p. 131-178
- Barrientos Grandon, Javier (2000), La Real Audiencia de Chile. La institución y sus hombres 1605-1817, Madrid: Fundación Histórica Tavera. CD-ROM, Nuevas Aportaciones a la Historia Jurídica de Iberoamérica.
- Barrientos Grandon, Javier (2003): «La creación de la Real Audiencia de Santiago de Chile y sus ministros fundadores: Sobre la formación de familias en la judicatura chilena», en Revista de estudios histórico-jurídicos de la Universidad Católica de Valparaíso, Nº 25. p.233-338
- Muñoz Feliu, Raúl (1937), La real audiencia de Chile, Santiago de Chile. Tesis de licenciatura.
- Valenzuela, Jaime (1998): «Conflicto y equilibrios simbólicos ante un nuevo actor político: la Real Audiencia en Santiago desde 1609», en Cuadernos de Historia de la Universidad de Chile, Nº 18. p. 115-138