Note 42 — Chapter VII · THE AUDIENCIA AND THE GOVERNOR: THE MILITARY JURISDICTION

The frequent assumption of the government by the audiencia, with responsibility for matters of defense and military administration may be cited as an additional reason for its reluctance to entirely abandon its interest in these affairs on the arrival of a governor. Notwithstanding this, and the additional fact that the king and governor frequently consulted the audiencia on military affairs, the tribunal did not always seek to retain preëminence in military affairs. This fact is shown by a letter which the audiencia wrote in 1598, acknowledging that “the only cases in which the governor is entitled to entire jurisdiction are those over soldiers—and these cases he may try independently, since he is captain-general.”42 There were numerous other occasions on which the audiencia unreservedly recognized the jurisdiction of the governor, often protesting against his excesses in military matters, but going no further than to register its protestations. For instance, it charged Governor Fajardo with carelessness in the outfitting of ships to resist the Dutch. One ship, it was said, was so poorly equipped that it sank before it left port. Fajardo was moreover accused of removing the commander of one of these ships, substituting his fifteen-year-old brother, Luís Fajardo, at a salary of 40,000 pesos. The audiencia contented itself with remonstrances against these wrongs, but it made no attempt to interfere.43 Fajardo had his way in these matters, but he would have been compelled to answer for them personally in his residencia had he not died before that investigation took place.