Another institution which exerted great influence upon the history of
Spanish America was the Consulado, or Chamber of Commerce. In 1543 the
first of these bodies was founded at Seville, and its principal object
was to regulate trade with the Indies. The Consulado of Cadiz became
eventually by far the most influential and gained an unenviable
notoriety for its commerce-destroying enactments; but it was following
the accepted commercial principles of the age, and there can be no
doubt that the Consulados at Mexico and Lima were beneficial. Their
business was to adjudge commercial suits and carry on the entire trade
in their respective Viceroyalties, and in general they undertook the
commercial development of the settlements. Their policy was cautious
and conservative.
Such, then, were the institutions which tempered the rigours of
personal or despotic rule, modifying either the unlimited power of the
Crown or the absolute military sway of the Governor. But in theory the
royal authority was as complete as that of the Roman Emperor. Just as
in later days Queen Victoria took the title of Empress of India as the
successor of the Mogul Emperor, so the King of Spain was Emperor of
the Indies in succession to Montezuma in Mexico and the Incas in Peru.
The King's will was the source of law; legislation was carried out by
means of Cédulas Reales, or Royal Decrees, which were issued by the
Council of the Indies in his name, and, as was natural, the attempt
was made at regulation on far too complete a scale, and matters which
ought to have been settled by local authorities were the subject of
decrees, and thus these enactments increased with alarming rapidity.
The principles of these Cédulas soon fell into confusion; it is said
that their codification, ordered in 1635, was not carried into effect
until 1680, by which time it had become obsolete. It does not appear,
however, that the rulers troubled themselves much about the confusion
of the law; they would probably have been much more uneasy had all the
decrees become effective, for it was obviously impossible to carry on
all legislation at such a distance, and travellers and annalists
agreed that the Governors and their subordinates usually neglected the
law and governed according to equity. The result was not unsatisfactory.
Public-domain text, read in full here on John Shaqi.
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