Note 106 — Chapter X · THE AUDIENCIA AND THE CHURCH: THE ROYAL PATRONAGE

The audiencia exercised joint authority with the vicepatron over questions relating to the construction of churches and the conservation of ecclesiastical property. No monastery, convent, college, hospital, or other religious institution could be founded without the consent of the king, and this permission was obtained through the viceroy, governor, or audiencia upon the recommendation of the prelate of the diocese.106 The laws of the Indies conceded that matters which did not admit of delay could be settled by the president and audiencia.107 In fact, as early as August 15, 1620, Governor Fajardo acknowledged receipt of a letter from the king in which occurred the statement that “no church or convent, not even a chapel, ought to be, or can be, founded unless concurrent with your permission, and that of the Audiencia.”108 It was provided that all petitions of religious orders for permission to construct convents and monasteries should be referred to the council, with the recommendations of the audiencia, but in actual practice, when the advice of the audiencia was in the affirmative, the vicepatron gave the desired consent, reporting on his action to the Council of the Indies. Thus we see that the governor and audiencia in reality exercised complete authority in uncontested cases.