Note 5 — Chapter VIII · THE AUDIENCIA AND THE GOVERNOR: CONFLICTS OF JURISDICTION

One instance of the governor’s financial ingenuity which was given by Messa, illustrates the limitations placed by the audiencia on the governor’s appointing power. The audiencia relieved the secretary of government, Pedro Muñoz, of his office upon the expiration of his term, selling the place to Diego de Rueda for 8000 pesos. Fajardo dispossessed Rueda and restored the office to its former incumbent for 1500 pesos. The audiencia’s action in disposing of this office without the consent of the governor was justified by a law promulgated on November 13, 1581, ordering that offices should be bestowed only upon persons of such qualities and attributes as met with the approval of the royal justices.5 The governor emerged triumphant in this contest, however, because it was generally recognized at that time that his word should be final in matters of appointment. Although we have seen in a former chapter that the governor consulted with the audiencia when an important appointment was to be made, the audiencia’s intervention in matters of appointment depended largely on the strength of the tribunal and the relations existing between it and the governor. During this administration the audiencia was notoriously weak and harmony did not exist.