Note 23 — Chapter IX · THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE

A variety of laws exist in the Recopilación prescribing the duties and conduct of the audiencia when it had charge of governmental affairs, and defining the relationship which should exist between the oidores under such conditions. The magistrates were ordered to proceed harmoniously and moderately both in the execution of governmental affairs and in the administration of justice, not erring either on the side of excessive severity, or of undue moderation. They were to devote special attention to the increase and care of the royal revenue during these times.23 The right to grant encomiendas, essentially the function of the governing authority, was conceded to the audiencia when it acted in the capacity of governor. All such concessions ultimately had to be confirmed by the king. On these occasions, also, the audiencia filled vacancies and made appointments. However, the oidores were warned against discharging officials and vacating offices in order to fill them with their dependents and friends.24 All appointments made by the audiencia were to become void after the arrival of a regular governor, unless they had subsequently received the royal confirmation. When a vacancy arose, it was the duty of the senior magistrate to propose a candidate, but the actual filling of the place was to be effected by the acuerdo vote of the entire audiencia.25