[16] The opposition of Salazar to what he termed the encroachment of the civil jurisdiction was based on the assumption that the royal patronage did not extend to tribes which lived in an uncivilized and savage state. He contended that the pope had not conceded this, consequently, as bishop, he had entire jurisdiction without interference from the audiencia or governor over the Mohammedans (as he termed all non-Christians) and the Chinese (A. I., 1–1–3/25).
[17] Cabildo de Manila to the King, A. I, 68–1–35.
[18] Fajardo to Felipe III, August 15, 1620, Blair and Robertson, XIX, 155. The pendulum seems, however, to have swung in the other direction at times. In 1604, the audiencia was charged with having tried members of religious orders in absentia without giving them a chance to summon witnesses or otherwise to defend themselves (King to Audiencia, October 30, 1604, A. I., 105–2–1). That the audiencia did not always have power to discipline the friars for infractions of the royal laws in 1626, is attested by the case of an Augustinian who led an assault on an alcalde mayor in Batangas, destroyed his house, maltreated his person, and, in the presence of the natives, publicly accomplished his disgrace. The king demanded from the audiencia a statement of all the facts of the case so that he and the Council might take proper steps for the punishment of the offending religious and the protection of His Majesty’s servants in the future (King to Audiencia, May 21, 1623, A. I., 105–2–1). The audiencia conducted an investigation and forwarded the papers relative to the case to the court for final action. See Chapter X, note 35.
[19] Blair and Robertson, XXVIII, 314–15; see XLI, 22–25, 134, 231–4, 239, 255.
[20] Montero y Vidal, Historia general, 283–284.
[21] Letter of Fray Miguel de Solano, May 7, 1753, A. I., 67–6–4.
[22] Orellana to Carlos II, February 24, 1683, Blair and Robertson, XXXVIII, 81–85.
[23] Concepción, Historia general, IX, 107. There are records of many suits of this character throughout the history of Juan de la Concepción. The original documents relating thereto are to be found in A. I., 105–3–1 to 10. See also A. I., 67–6–3, 67–6–9 to 11.
[24] See note 3 of this chapter.
[25] Martínez Alcubilla, Diccionario, V, 807.