Zúñiga, after describing the success of Oidor Almansa in putting down an insurrection of the Japanese, characterized the administration of affairs by the audiencia during this period as follows:
The Royal Audience conducted themselves with great approbation in the civil administration, until the year 1608, when Don Rodrigo Vivero of Laredo, who was named by the Viceroy as Governor ad interim, arrived at Manila, and having had great experience in the management of the Indians in New Spain, he availed himself of it on this occasion, giving instructions to that effect to the chief judges, and other ministers of justice. He governed with much satisfaction for one year, when he delivered up the insignia of his office, and returned to Mexico.[36]
Vivero arrived in the colony on June 15, 1608. Vivero was the first of the military governors appointed from New Spain. Under this and succeeding arrangements, these governors exercised absolute control of military affairs, while the audiencia concerned itself solely with matters of government, the senior magistrate, of course, not participating in military affairs.
Vivero was relieved in 1609 by Governor Juan de Silva, who had a permanent appointment and served for seven years. Silva’s administration was characterized by his military exploits, chief among which was his defense of the colony against the attacks of the Dutch pirate, Wittert, and subsequently of Spielberg. These frequent expeditions gave the audiencia many opportunities to assume charge of affairs, and after Silva’s death in the Moluccas the tribunal ruled from April 19, 1616, to June 8, 1619. During a part of this time Andrés de Alcaraz, the senior magistrate, exercised the duties of captain-general, successfully defending the city against the Dutch. On September 30, 1617, the office of military governor devolved on Gerónimo de Silva, who was especially designated for the post by the royal order of March 20, 1616.[37] He was not an oidor, however, but had served as governor of Ternate, having recently returned from the Moluccas.[38]
While the post of captain-general devolved upon Silva, the audiencia retained control of administrative affairs in the colony until Alonso Fajardo y Tenza, the next royal appointee, arrived on June 8, 1618, to enter upon the duties of governor and captain-general. As we have already seen, Alcaraz was relieved of his military responsibilities on September 30, 1617, and was at once obliged to submit to residencia. In this trial he was compelled to answer for his failure to warn the Chinese traders, who usually approached the Islands at that time of the year, of the presence of the Dutch. As a result of his oversight in this matter, a large quantity of merchandise, including provisions for the city, had fallen into the hands of the enemy. He was also held accountable for the disaster which had occurred to a portion of the Spanish fleet in the battle of Playa Honda through the appointment of the son of one of the oidores to its command.[39] Alcaraz, senior oidor, who was legally responsible for defense, was compelled to answer for the failure of this inefficient commander. The choice of a relative of one of the oidores was a violation of the laws of the Indies.[40] Although Oidor Alcaraz seems to have acquitted himself well of his duties as commander of the military forces, seven galleons were lost in an expedition to the Moluccas during the rule of the audiencia, and considerable difficulty was experienced in fixing responsibility for this disaster. Alcaraz claimed that Silva was answerable; the latter maintained that the audiencia was to blame, and the audiencia disclaimed responsibility because, it alleged, “the audiencia was entrusted with government and not war.” In an investigation ultimately made in 1625, Silva was deprived of his office and was prevented from leaving the Islands.
Governor Fajardo has left us a number of comments and criticisms of the work of the audiencia as governor. His observations are timely and appropriate, since the tribunal had been in charge of the government for two years preceding his rule, and he was brought intimately in touch with the deeds and mistakes of the previous administration.[41] Fajardo’s comments relate to the abuse of the appointing power by the audiencia, and the failure of that body to provide adequately for the defense of the colony. In support of the former charge, Fajardo said that the magistrates had appointed several officials for life, which was forbidden by the laws, since the audiencia was only permitted to fill offices for the period of its rule.[42] The audiencia had also infringed upon the prerogatives of the governor by the permanent bestowal of encomiendas. Fajardo stated that when he arrived in the Islands he found all the offices and encomiendas filled with friends and dependents of the oidores. Thus as a direct consequence the success of his administration was impaired by the presence of officials who regarded him, their chief, with hostility. He cited an instance in which similar infringements upon the rights of the viceroy by the Audiencia of Mexico had been nullified by the royal veto, and he urged that some definite cédula or law should be promulgated relative to these matters in the Philippines.[43]
The difficulty of fixing responsibility for the loss of the galleons in the expedition to the Moluccas led Fajardo to criticise the practice of allowing the audiencia to assume control of affairs during vacancies. He regarded it as a cumbrous proceeding which could only result in chaotic and incompetent government. No better results could be expected when a body of magistrates and lawyers undertook to rule an isolated colony, and especially when one of them assumed responsibility for military affairs, which could not be successfully carried out by any but a military man. He emphasized the necessity of locating responsibility for every department of government in a central authority. He recommended the designation of “two military men of such standing and ability that, when the governor and captain-general is absent, they might succeed to those duties.”[44] He considered it advisable that during vacancies, as well as when the regular governor was present, authority should rest with one person and not be scattered or divided among a number of magistrates.
Gerónimo de Silva had been given a commission from the viceroy to assume the post of captain-general, and upon the demise of Fajardo in 1624, he took charge of military affairs, while the audiencia retained the government. Silva’s responsibility for the loss of the ships in 1617, already referred to, as well as for other disasters in 1624, caused him to be removed from the command and confined in Fort Santiago where he remained until released by the new temporary governor, Fernando de Silva, who arrived in 1625. The latter commanded the military forces, while the audiencia administered the government.[45]
Of far-reaching importance was the action of the audiencia in 1624, in nullifying the action taken by the former governor, Alonso Fajardo, relative to the construction of a seminary for Japanese priests and students. This edifice had been partially constructed when the audiencia took over the government. It is interesting to note that the oidores, although not collectively responsible for the defense of the colony, took a stand on this occasion in a matter which had to do with the common security. The objections of the oidores were significant. The location of the seminary within three hundred feet of the wall was thought to be unwise in view of the danger of a Japanese revolt. The Japanese emperor had signified his disapproval of Christianity on many occasions by banishing and torturing numerous friars who had gone to Japan from the Islands. He had forbidden the worship and propagation of Christianity in his empire. There were at that time rumors of an impending conquest of China and the Philippines by the Japanese, consequently the audiencia did not wish to invite the emperor’s wrath upon the colony by attempting to proselyte his subjects. The audiencia thought best to stop this before the displeasure and enmity of the Japanese were incurred. Fear of the loss of trade with China, dread of an alliance of the Japanese with the Dutch, making probable a concerted attack on the Philippines, and the danger of an outbreak of the Japanese already within the colony in conjunction with an attack by those without, were all considerations which induced the audiencia to take responsibility upon itself in this matter.[46]
The official correspondence of the governor following immediately upon the administration of an audiencia is always valuable as showing the state of affairs under the preceding rule. That of Fernando de Silva coincides closely with the correspondence of Governor Fajardo in charging the audiencia with many misdeeds, chief among which were the abuse of the appointing power and the concession of encomiendas without authorization. Silva, on his accession to the governorship, also found the finances of the colony in a bad condition, great waste having been incurred in their administration. There had been neither peace nor order; the oidores had quarreled among themselves, and residents were leaving the city as a consequence of this turmoil. The oidores had, without cause, dismissed all the officials appointed by Fajardo, filling their places with their friends.[47] The following account of the excesses of the audiencia was given by Silva: