Empire of Justice introductionCorruption today is a crucial concern for Latin America, and many nations have relatively clear definitions of the crime on the books. Yet corruption in the Spanish empire from roughly 1492 to the early 1800s differed. Theologians, legal experts, and laypeople debated the meaning and boundaries of corruption, and the limits of gift giving and bribery were malleable to some degree. Jurists weighed various judicial sources to assess the crime, as the crown was not the only authority producing rules. Instead, Spaniards appreciated the Roman and the canon (Church) law and their manifold interpreters. Their doctrines had to conform to natural law, which was essentially reason, as past generations understood that notion. In addition, the maxims revealed in the Bible coexisted with the royal mandates, such as the Law of the Indies (law for Spanish America), and the local customs, including the indigenous traditions.Latin American historians have always paid attention to canon and royal law and local customs, though English-speaking Latin Americanists have preferred focusing on social practices. Scholars, largely outside the United States, have also analyzed the actions of social networks composed of patrons and clients. Their contributions have greatly advanced our knowledge about justice in New Spain (colonial Mexico), although they have often overlooked the working of the law. Meanwhile, legal scholars have skillfully traced changing judicial concepts but often neglected their application in trials "on the ground." 1 This chapter focuses on the shifting definition of legality, because the Roman and canon laws (leges) constituted a crucial part of justice and were not strictly speaking theology. In Frontiers of Possession: Spain and Portugal in Europe and the Americas (Cambridge, MA: Harvard University Press, 2015), 262, Herzog modifies this view in that in "all these dynamics, law mattered to an enormous degree." According to Yannakakis, The Art of Being, 118, "decisions of individual local magistrates rather than judicial precedent and previous case decisions determined the enactment of justice," and "justices ruled based on specific enactment or codified clause." Owensby, Empire of Law, 45, maintains that there were three main aspects of justice, the "derecho … the legal order ensuring 'good government,' the published ley, and the customs"; while Bianca Premo, "Custom Today: Temporality, Customary Law, and Indigenous Enlightenment," HAHR 94, no. 3 (2014): 355-380, traces innovations among the customs. Legal scholarship on the European ius commune is vast and often high quality; just to cite a few examples,

On August 13, 1521, the Spanish conquistadors and their native allies seized Tenochtitlan, the capital of the Aztec empire. The Spaniards succeeded because they had forged alliances with the Tlaxcalans and other indigenous self-governing communities (altepetl) to fight the Aztecs. After the conquest these communities continued their traditions, and the Spaniards largely replaced Aztec leadership with their own. In addition, the friars and the secular church converted the natives to an extent, and together with the crown they foiled the conquistadors’ attempts to become liege lords with jurisdiction. The process culminated in the New Laws of 1542, which curbed the encomienda, a grant to Spaniards that comprised several Indian towns paying tribute. A society of social bodies evolved, composed of municipal councils, lay brotherhoods of churches, and others, complete with their own laws and jurisdictions. Then a series of silver strikes beginning at Zacatecas in 1546 drew settlers into the Bajío north of the former Aztec and Tarascan empires. The local natives resisted initially, and when peace came, they and the settlers created a dynamic early capitalist economy that invigorated other regions. The frontier expanded when animal herds moved further north beyond the mines, and the zone of Spanish influence grew to the south as well. In 1540 Spanish conquistadors and their indigenous allies began occupying the northwestern Yucatan Peninsula, and they took Tiho/Mérida in 1542. The Yucatan, the Bajío, and the other regions that composed colonial Mexico successively integrated into a global commercial network spanning Europe, Africa, and Asia. The crown and the merchant guild (consulado) in Seville sought to capture the burgeoning Atlantic commerce within the fleet shuttling between Seville/Cadiz and Veracruz and restrict the silver flowing from Acapulco to Asia via the Philippines. Yet market forces defied most of the rules they put in place. Merchants from Asia settled in Manila; Peruvians docked in Acapulco; and the Dutch, French, and English competed with fleet merchants or operated contraband trade from the Caribbean islands to New Spain. In the 18th century, the crown loosened trade regulations within the empire and continue curbing the autonomies of social bodies. A series of investigations (visitas) shook New Spain, and more compliant viceroys and officials appeared, while the friars lost over one hundred parishes (doctrinas) during the mid-century. The king expelled the Jesuits in 1767; registered ships sailing individually replaced the fleet in 1778; and in 1786 José de Gálvez introduced the intendants in New Spain. As the empire transitioned toward a territorial state, Napoleon imprisoned the Spanish king (1808). In 1810 Miguel Hidalgo and a popular following unleashed the War of Independence. As the conflict unfolded, the legitimacy of the old order crumbled, and the empire dissolved in 1821.

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Renewed interest in the linkage between finance and the state has led historians to reexamine corruption. While there is scholarly consensus that the royal sale of appointments (beneficio) corrupted governance and weakened royal authority in a stagnant Spanish empire, the historical record suggests otherwise. Beneficio allowed social newcomers to buy their way into the judiciary. Traditional elites thought that these newcomers were innately corrupt and that making them judges violated distributive justice, or the fair awarding of entitlements by traditional notions of merit. Between 1650 and 1755, enlightened thinking challenged these precepts. The idea that corruption entailed violating royal laws in office gained strength. Performance mattered more, and accepting money for appointments instead of considering traditional merit was part of a utilitarian approach. Thus in 1675 absolutist governments in Madrid began selling appointments to alcaldes mayores in New Spain to gain oversight, appropriate resources, and weaken the viceroys, who lost half, if not more, of their patronage power. Beneficio therefore strengthened the monarchy and should be seen as part of yet another cycle of royal reforms beginning in the late seventeenth century.

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