in the Audiencia
under pretext of appeal. This they did, heaping up nullities in order
to make a suit of suits for the purpose of constituting themselves
judges of what my delegate did in virtue of a commission of the
government, without allowing it to be returned to the delegate, who
was ignorant of what had happened in the election. They carried the
matter so far that they actually tried to take the cause from me. That
compelled me to censure their procedure, and to tell them that the
appeals would be granted according to law--but not by violence;
giving boldness to the litigants so that those who remained without
due punishment because of the support that they were giving them,
should become disrespectful, as they had done; and that I would
consult the lawyers and learned persons of this city, so that, if
that suit did not belong to the government, I might refer the cause
[to the other court]. The lawyers gave me their opinions, saying
that that matter pertained to the government. On that I founded my
declaration in virtue of royal decrees which so ordered, especially
one of November 4, 1606. However they did not refrain from it on that
account--as they are obliged to do, even if I should go further; and,
prosecuting the matter in accordance with the dangerous argument of
time, I remitted the case as definitive to Doctor Arias de Mora,
advocate of this Audiencia. With him I gave sentence, confirming
the said election of alcalde as according to law. As such, the
said Don Juan Sarmiento and the senior regidor--because of the
absence of Admiral Don Fernando Galindo, who has been occupied in
the service of your Majesty--are in the exercise of their offices;
and this has resulted in the quiet and peace of this community and
that of the appellants themselves. The latter already confess their
error, although lately, and as a matter of form, they have presented
themselves in appeal from the definitive act; while the other party
has refused the two auditors, and there is talk of settling the cause.
[_Words illegible in MS._ The assembly hall?] has been shut often
because of the sickness of these auditors, and more than two months
have gone by without any session. Although the business that arises
is but slight, it is well for the governors to know what is their
obligation when there is a deficiency of auditors in a district so
remote from your Majesty; and whether the progress of the suits ought
to be stopped on account of
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