Chapter IV

of this treatise.

[419] Governors, captains-general, and viceroys were assisted by an asesor, or legal adviser, who gave his opinion in all matters of law that came up for solution. The necessity for this official developed through the fact that as most governors were soldiers, they were incapable of rendering judgment on legal and administrative questions. As counselor to the governor, this official bore the same relation to the executive as the fiscal did to the audiencia. The asesor was held responsible in the residencia for all decisions rendered by the governor in matters of justice, and in governmental affairs the governor and asesor were jointly responsible. Frequently the asesor was able to block completely the work of the audiencia and his opinion nullified the judgments of magistrates who were as learned in the law and as well qualified, if not better, than he. Martínez de Zúñiga (Estadismo, I, 224) discusses the influence of the asesor in the following terms: "Expedientes are sent to one of the two royal fiscales to ascertain their legality; afterwards they are sent to the asesor whom the governors must consult; the latter place (of asesor) is a very good one, ... besides 2000 pesos as salary it has its private revenues in addition to 500 pesos yearly from each of the royal monopolies (discussed in