
The ''real cédula'' (;
[Vda. de Don Joaquin Ibarra ] ), also called a ''real despacho'' (), was, in
Spanish law
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.
Characterist ...
during the ''
ancien régime
''Ancien'' may refer to
* the French word for " ancient, old"
** Société des anciens textes français
* the French for "former, senior"
** Virelai ancien
** Ancien Régime
** Ancien Régime in France
{{disambig ...
'', a dispatch from the
king of Spain
The monarchy of Spain or Spanish monarchy () is the constitutional form of government of Spain. It consists of a Hereditary monarchy, hereditary monarch who reigns as the head of state, being the highest office of the country.
The Spanish ...
, issued by some council or
superior court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
at the request of the king or on his behalf (that is, that is, by decision of the court), in which a favour was granted or some measure was taken.
[ More specifically, the content of the order resolved some conflict of legal relevance, established some guideline of legal conduct, created some institution, appointed some royal position, granted a personal or collective right or ordered some specific action.
Currently, the concept of "royal certificate" still exists in the case of appointments, being a ratification published in the '']Boletín Oficial del Estado
The (''BOE''; "", from 1661 to 1936 known as the ''Gaceta de Madrid'', "") is the official gazette of the Spain, Kingdom of Spain and may be published on any day of the week. The content of the ''BOE'' is authorized and published by Royal Asse ...
'' (BOE) of a position historically created by a ''real cédula'', by which a person is appointed. to occupy that position. ''Reales cédulas'' that were issued in the past for the founding of certain institutes continue to form part of their statutes, and can be consulted, ratified or transformed to the current constitutional model.
Description
There are two fundamental variants: The ''reales cédulas de oficio'' that derive from the administrative function itself, which begin with the name—if it is personalized—or with the positions or titles of the people to whom it is addressed. The other ''reales cédulas'' are also granted by the King, but at the request of a party and begin by mentioning the subject of the request and the applicant.
This type of document was used both in Peninsular Spain
Peninsular Spain is the part of the territory of Spain located within the Iberian Peninsula, thus excluding other parts of Spain: the Canary Islands, the Balearic Islands, Ceuta, Melilla, and several islets and crags off the coast of Morocco kno ...
and in the Spanish overseas dominions—America
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
and the Philippines
The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
—in this case with advice in most cases from the Council of the Indies
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or nati ...
.
The order was headed by the words: ''El Rey'' ("The King"), addressed to the recipient of the mandate and ended with the signature: ''Yo, el Rey'' ("I, the King").[ Since Charles I became emperor of the ]Holy Roman Empire
The Holy Roman Empire, also known as the Holy Roman Empire of the German Nation after 1512, was a polity in Central and Western Europe, usually headed by the Holy Roman Emperor. It developed in the Early Middle Ages, and lasted for a millennium ...
, his orders usually bore the title of emperor, and, depending on the occasion, they could be issued in the name of the queen consort.
1782 ''Real Cédula'' on office title confirmations
In 1782, a significant ''Real Cédula'' by the King of Spain addressed administrative procedures surrounding the confirmation of vendible and renunciable offices (''oficios vendibles y renunciables'') in the Spanish colonies. The case originated from a petition by Benito de León y Medrano, who sought royal confirmation of his office as ''Escribano de'' ''Minas y Bienes de Difuntos'' (Notary of Mines and Deceased Estates) in the Province of Paria, ''Audiencia'' of Charcas.
Previous irregularities in testimonies presented for such confirmations prompted the Crown to issue a comprehensive clarification. The ''Real Cédula'' ordered that future requests must include two separate documents:
* (1) the original title (''Título'') highlighting its substantive clauses
* (2) a complete testimony of the prior judicial and administrative proceedings (''autos y diligencias'') leading to the issuance of the title
This 1782 ruling became a juridical precedent for subsequent confirmations across the Indies and the Philippines, reinforcing the Bourbon monarchy's push for standardized, transparent bureaucratic practices in colonial governance. The case exemplified the increasing reliance on codified legal process and increased documentary rigor in the final decades of imperial rule.
See also
* Royal Decree of Graces of 1815
* Royal Decree (Spain)
*Letters patent
Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...
References
Early modern history of Spain
Sources of law
Legal history of Spain
{{DISPLAYTITLE:''Real cédula''