Note 26 — Chapter IX · THE AUDIENCIA AND THE GOVERNOR: THE AD INTERIM RULE

The laws provided that the audiencia, as a body, should exercise two distinct types or classes of powers when in charge of the government. These were designated as governmental and military. The exercise of these functions was assigned respectively to the audiencia as a body, and to the senior magistrate, individually. While an effort was made to insure the fair and equal participation of all in government in case of a vacancy, the senior magistrate assumed the position and honors of the executive, though not granted all the governor’s powers.26 In the functions and duties of administration all the magistrates were to participate. As noted above, each was to have a share in the exercise of the appointing power, the administration of colonial finances, participation in the acuerdo, and in every other function except defense, which was entrusted to the senior oidor. In this capacity, the oidor was always the most prominent figure in the government. Among those who distinguished themselves through the exercise of this power were Rojas, Morga, Alcaraz, Bónifaz, Coloma, Montemayor, and above all, Anda. Although these men were assisted and supported by their colleagues of the audiencia, and the parts played by the latter were not without importance, the periods of rule of the audiencia are always identified with the names of the senior oidores, while those of the ordinary magistrates are forgotten.