not even remembered for a long time,
and which is as follows:
"_Item_: I order that my president of the said Audiencia
try the criminal causes of its auditors, together with the
alcaldes-in-ordinary, notwithstanding the ordinance that rules
the contrary." [31] He availed himself of this to summon the
alcaldes-in-ordinary and to cause them to sign all that he decreed,
for they were present at nothing else than the signing of what he
was violating--both with witnesses and without them, when they were
not persons who were mere creatures of his; for, when persons are
elected into the cabildo, nothing but what the governor wishes is
voted. Further than this, if they were persons of greater obligations,
and more exemplary in life and conscience, I think that they would do
the same, although it might even be in a matter of greater weight;
for, as I have told your Majesty, the more than violence and force
that the governor holds over their minds and wills is incredible,
although evident. Not all dare to resist at the peril of their security
and life, and of being imprisoned, as I was, for the service of your
Majesty. They, hastily judging, differentiate between the future hurt,
which may not come to them, and the punishment which they regard as
a present hurt, namely, to suffer for God and their king. Besides,
as they also are in the deal, they have their advantages, by which
they are all blinded. For to whoever can see, and to him who desires
the light of heaven that he may succeed, not only is the ordinance
not obscure, as they say, but quite clear, since it does not give
authority or contain words for arrest or process; nor does it in
any way alter the law. Therefore, those nearest [to your Majesty],
as are the auditors, cannot be imprisoned or proceeded against except
by your Majesty or the royal Council, or by your order. Nevertheless,
the president, in virtue of his superintendency over the Audiencia,
may ordain to the auditors what may be just and reasonable in matters
that pertain to the government and its conservation; and even, in
the heated arguments that are wont to arise between the auditors,
has authority, in case the nature of the affair might require it, to
retire each auditor to his own house, until they make up the quarrel;
and, should he deem it advisable, he may inform your Majesty. For the
ordinance does not say that the president and alcaldes shall proceed,
arrest, sentence, and execute justice in crimi
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