[25] The memorial which the governor sent in answer to the arguments of the oidor was an interesting exposition of his opinion of the audiencia. He said that the lack of time alleged by the oidor was a mere pretense, as the regular sessions of the audiencia did not exceed three hours a day. The governor stated that none of the oidores were occupied more than that length of time, excepting those who had special conservatorships of cockpits, tobacco, cards, betel, and wine. The suits of Spaniards and Indians were few, he alleged, since most of the questions involving commerce were tried in the tribunal of the consulado (Governor Marquina to the superintendent-general, July 10, 1789, A. I., 107–5–18); see Chapter III, note 88.
[26] Recopilación, 3–11–2.
[27] Ibid., note 2.
[28] See citation of the cédula of January 24, 1773, applicable to Perú, wherein an oidor was permanently charged with the duty of serving as auditor de guerra (ibid.).
[29] Morga states that after the audiencia was established in May, 1584, “they (the oidores) began to attend to the affairs both of justice and of war and government” (Morga’s Sucesos, Blair and Robertson, XV, 60).
[30] Memorial of April 19, 1586, Blair and Robertson, VI, 197–233. The purpose of the proposed expedition was declared to be to “forestall the danger that the French and English, and other heretics and northern nations, will discover and navigate that strait which certainly lies opposite those regions—that of Labrador.” A note suggests that this probably referred to the St. Lawrence River. Delgado says that Governor Sande called this council together on April 9, 1586, evidently meaning Santiago de Vera, as the latter became governor in 1584, and Sande left the Islands in 1580. De Vera’s signature is affixed to this petition. Other letters of special importance, from the audiencia or individual oidores to the court, entirely or in part on military affairs, written during this period, may be noted in Blair and Robertson, VI, 56–65, 157–233, 254–264, 265–274, 311–321, XVII, 251–280, and throughout this series from Volumes VI to XXXV (1584–1650) especially. The general subject is covered in A. I., 67–6–6 to 26.
[31] Luzón Menaced, Blair and Robertson, VIII, 284–297. We shall see, in the next chapter, that Governor Bustamante, on a similar occasion, asked for the written advice of the various ecclesiastical authorities and corporations on the question of whether he had a right to remove and appoint oidores without express royal authorization.
[32] Opinions of the religious communities on the war with the Zambales. January 19–20, 1592, Blair and Robertson, VIII, 199–233.
[33] Audiencia to the King, January 7, 1597, A. I., 105–2–1.
[34] A. I., 105–2–1 to 10 are replete with documents illustrating this phase of the relation of the audiencia and the governor.