understood by criminal causes; _ultra multa cum tiberº farsnaci e regni col. 9, ttº 4, pº. 3._ [33] But it says only that the governor shall try criminal causes, which means that, in crimes that are not such by reason of the office, but personal and serious crimes of the auditors, he shall investigate, together with the alcaldes, and advise your Majesty; and the word "try," instead of meaning to arrest and execute justice and other equivalent things, only denotes simple jurisdiction which belongs to civil cases, and not authority, either pure or mixed. [34] Otherwise your Majesty could avoid the visits and residencia which you send to the Audiencia. Accordingly, to try criminal cases means that they be treated civilly without allowing them to be [cases for either] pure or mixed authority, by arresting or proceeding; but only to investigate and advise your Majesty, except in capital causes that have the capital penalty. In such cases it would be advisable for the Audiencia, and even for the president alone, to secure the criminals, if they should be auditors and nearest [to the king], but not by virtue of the ordinance, but by virtue of the ordinary authority of law, and the privileges of public protection--citing [the paragraph] _ne delicta_, etc., in case that it was unable, because of the crime and the person, to be secure in any other way than by imprisonment which befits the crime, and in accordance with the teaching of the law _divi fratres f fin ff de poen._ [35] Therefore the Audiencia ought to arrest the governor for four murders that he has lately committed (and which will be told later), solely to assure and advise your Majesty, with judicial consideration, so that you might decree your pleasure in respect to his person. But [they ought] to punish his accomplices, who were numerous, and who are not near [to the king], but most of them men who, without that crime, deserve to be severely punished for others; but they are all passed by, in virtue of peace and harmony, by Licentiate Hieronimo de Legaspi and Don Juan de Valderrama, the auditor and fiscal, who are on good terms with the governor. [Indeed, these men] now constitute the Audiencia, because Don Antonio Rodriguez has retired to his house, and is sick because of the insults cast upon him by the governor at a meeting (which I shall relate later); while I was arrested when it happened, and am now in refuge in the sanctuary. In order that all that may be done well, the governor arrests me and insults me--although, I am, by the mercy of God, guiltless of any crime, capital, moderate, or the least, and even without the slightest dispute in the Audiencia; but only because my character and the obligations of my conscience do not allow me to lack one jot in my service to my king--under pretext that by not consenting to the things that the governor imputed to me, I told him that what he was saying to me was not so. Had I shown any