sickness; whereupon I gave it next to the other remaining auditor, who also excused himself. In default of both of them, I gave the same commission to him who performs the duties of fiscal, basing my reason for it on the grounds that, according to the ordinance he has a vote in a deadlock; and on the fact that one of the auditors usually presides in that act, although there are precedents of some unprofessional men having presided. Don Juan Sarmiento, a creole, and Admiral Don Fernando Galindo, of Espana, a man of great worth, were elected. After the vacations were past, the two auditors and the fiscal conspired together, in order to annul the said election and to make another new one. They offered the necessary support to the regidors of their party, in order to have them present themselves 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.