Note 13 — THE GOVERNMENT AND DEATH OF BUSTAMANTE

For this so execrable deed there was no cause on my part, since I did not prosecute any determination of my own that was opposed to the royal laws of his Majesty; nor was the monitory decree of that character, which was notified to the single auditor of whom the royal Audiencia was composed—for with that document I aimed, as a prelate, to deprive the governor of the pernicious means which he was employing in order that he might not have in his government any other law than his own ambitious and depraved will. Nor for carrying out my seizure, under the pretext of banishment, did he previously take the steps which the royal laws provide; for the royal writs were not issued which should have been, to know whether there had been any failure of obedience on my part—a proceeding which is required in order that the penalty of [loss of] the temporal revenues may be applied to ecclesiastics—as the auditor himself and his associate have testified. For it was resolved, in a session which they held on October 9, that an official of the royal Audiencia should go to confer with me over the difficulties about which I had consulted the governor; but this formality was not carried out. On the other hand, availing himself of his administrative13 power—to which, at the time, they likewise agreed—for use in case of any emergency, when that arose of the outcry which this single auditor made at the time when he was notified of the said monitory decree, the governor compelled them [i.e., the auditor and his associate] to dictate an act, assuming that it was one proceeding from the royal court (although it was not such), on the night of October 10, in which they decided that what had been agreed upon the day before should be carried out, in regard to the use of the [governor’s] administrative power against my person and those of the other ecclesiastics. Although, in order to excuse themselves for the many offenses that they committed in this so discordant session [acuerdo], they undertake to avail themselves of the fear and coercion in which they say the governor kept them, I know not whether this evasion which they use as an excuse can assist them, when as Christians they know that they ought to die rather than sin; and when, since they could have availed themselves of the privilege of sanctuary (as others did) to prevent injury to their souls, they did not do so, through caring for the comfort of their bodies.