The preliminary case, drawn by Don Diego Bribiesca de Muñatones, was sufficiently advanced in the month of July, to allow of a final sentence, without examining the criminal, or to appoint a procurator for the king, who in quality of fiscal accused the prince of the crimes stated in the _preparatory instruction_. No judicial notice was sent to the prince; they had only the declarations of the witnesses, letters, and other papers. These writings proved that, according to the laws of the kingdom, Don Carlos must be condemned to death, for high treason, on two counts: first, for having attempted parricide; and secondly, for having framed a plan to usurp the sovereignty of Flanders, by means of a civil war. Muñatones made a report of this, and the punishments established for such crimes, to the king; he added, that particular circumstances, and the rank of the criminal, might authorize his majesty to declare, that general laws could not affect the eldest sons of kings, because they were subject to laws of a higher nature, those which related to policy, and the welfare of the state; lastly, that the monarch might, for the good of his subjects, commute the punishment. Cardinal Espinosa and the Prince of Evoli were of the opinion of Muñatones; Philip then said, that his heart inclined him to follow their advice, but that his conscience would not permit him to do so: that he thought it would be far from being a benefit to Spain; that, on the contrary, he thought it would be the greatest misfortune that could happen to his kingdom, to be governed by a king devoid of knowledge, talents, judgment, or virtue, full of vices and passions, and, above all, furious, ferocious and sanguinary; that these considerations compelled him, notwithstanding his attachment to his son, and his anguish at so terrible a sacrifice, to suffer the laws to take their course; but considering that the health of Don Carlos was in such a state that there was no hope of prolonging his life, he thought it would be better to suffer him to satisfy himself in his inclinations in eating and drinking, since, from the disorder of his ideas, he would not fail to commit some excess, which would lead him to the tomb: that the only thing which concerned him, was the necessity of persuading his son that his death was inevitable, and that in consequence he must confess himself to ensure salvation; that this was the greatest proof of affection which he could show to his son and the Spanish nation.