Creole Appointments and the Sale of Audiencia Positions in the Spanish Empire under the Early Bourbons, 1701–1750

Burkholder, Mark A.; Chandler, D. S.

doi:10.1017/s0022216x00002042

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“…86 86 Phelan, People and the king , p. 9; idem, Kingdom of Quito , p. 145. However, Phelan also noted the creole dominance in the Audiencia of Bogota, and Brading identified the same for the Audiencia of Mexico in the eighteenth century; Brading, Miners and merchants , p. 35; Burkholder and Chandler, ‘Creole appointments’, pp. 191–2. …”

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“…79 79 The Crown used the power of patronage to compensate for services with a grant of offices by means of a merced from the early sixteenth century; Burkholder and Chandler, ‘Creole appointments’; Burkholder and Chandler, From impotence to authority , p. 26. …”

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“…81 81 These posts were usually hereditary, transferable, and sold through public auction; Burkholder and Chandler, ‘Creole appointments’, p. 188. …”

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“…83 83 Luque, ‘Salarios’, pp. 287–322; Andrien, ‘Sale of fiscal offices’, p. 57; Burkholder and Chandler, ‘Creole appointments’, p. 204. For the sale of the office of viceroy in Peru and New Spain in the 1690s, see Dominguéz Ortiz, ‘Un virreinato en venta’. …”

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“…87 87 Burkholder and Chandler, ‘Creole appointments’, pp. 191–2; Andrien, ‘Sale of fiscal offices’, pp.…”

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A stakeholder empire: the political economy of Spanish imperial rule in America¹

Grafe¹,

Irigoin

2011

The Economic History Review

105

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This paper revises the traditional view of Spain as a predatory colonial state that extracted revenue from natural resources and populations in the Americas while offering little in return. Using 18 th century Spanish American treasury accounts we show that local elites not only exerted important control over revenue collection as argued by (Irigoin/Grafe 2006) but also over expenditure allocation. Mirroring Elliot's characterization of the English empire as a 'stakeholder empire' we contend that the Spanish colonial state developed into a stakeholder model, in which local interests were deeply invested in the survival and expansion of empire. The means of co-optation were intra-colonial transfers, as well as credit relations between the state and colonial individuals and corporations, which guaranteed that much of colonial revenue was immediately fed back into the local economy, while minimizing enforcements costs. By allowing stakeholder control of both revenue and expenditure Spain managed to avoid the problems faced by France where royal control of expenditure clashed with at least partial elite control of revenue raising (Velde/Weir 1992, Hoffman/Rosenthal 1997).Once upon a time early modern Spain was used as the picture postcard case of a predatory colonial state that extracted revenue from plentiful natural resources and populations in the Spanish Indies; an empire that centralised governance and suppressed colonial desires for political participation, claiming absolutist control for the Crown in Madrid. (ing) more scope for the independent exercise of political power. This was a society whose political and administrative institutions were more likely to evolve from below than to be imposed from above. It was also a society that operated in a political culture more effectively grounded in notions of representations than the political culture transferred to America from

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“…81 81 These posts were usually hereditary, transferable, and sold through public auction; Burkholder and Chandler, ‘Creole appointments’, p. 188. …”

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confidence: 99%

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confidence: 99%

“…87 87 Burkholder and Chandler, ‘Creole appointments’, pp. 191–2; Andrien, ‘Sale of fiscal offices’, pp.…”

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confidence: 99%

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A stakeholder empire: the political economy of Spanish imperial rule in America¹

Grafe¹,

Irigoin

2011

The Economic History Review

105

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Field research methodology for the study of Latin American ministries of education

Hanson¹

1981

Int Rev Educ

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Corruption and Justice in Colonial Mexico, 1650–1755

Rosenmüller

2019

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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,

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Creole Appointments and the Sale of Audiencia Positions in the Spanish Empire under the Early Bourbons, 1701–1750

Cited by 30 publications

References 1 publication

A stakeholder empire: the political economy of Spanish imperial rule in America¹

A stakeholder empire: the political economy of Spanish imperial rule in America¹

Field research methodology for the study of Latin American ministries of education

Corruption and Justice in Colonial Mexico, 1650–1755

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Creole Appointments and the Sale of Audiencia Positions in the Spanish Empire under the Early Bourbons, 1701–1750

Cited by 30 publications

References 1 publication

A stakeholder empire: the political economy of Spanish imperial rule in America1

A stakeholder empire: the political economy of Spanish imperial rule in America1

Field research methodology for the study of Latin American ministries of education

Corruption and Justice in Colonial Mexico, 1650–1755

Contact Info

Product

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A stakeholder empire: the political economy of Spanish imperial rule in America¹

A stakeholder empire: the political economy of Spanish imperial rule in America¹