Note 62 — Chapter X · THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE

Another function which the audiencia came to exercise by virtue of its authority in behalf of the royal patronage was that of general supervision over the colleges and universities. In the laws of the Indies this duty was imposed upon the viceroys and governors,62 and nothing was said of the authority of the audiencia in that particular. According to the laws of the Indies, in fact, the audiencia had little jurisdiction or authority over colleges, universities and seminaries, but as the administration of these was entirely in the hands of the church, the audiencia came to exercise much the same authority over education that it did over other church activities.63 Oidores and fiscales were forbidden to act as rectors, but they might participate in the law examinations to satisfy themselves whether the standard of instruction in the royal universities and colleges was sufficiently high, and whether the education, training and ability of candidates for the licentiate’s degree gave evidence of their fitness.64 According to the royal decree of November 27, 1623, the University of Santo Tomás was founded in the Philippines with the advice of the governor and acuerdo of the audiencia.65 Here again that tribunal may be seen in the act of assuming non-judicial functions which primarily belonged to the governor through the unwillingness or inability of that official to act alone.