In The Mean Time, They Commanded All The Inhabitants, Under
Severe Penalties, To Remain In La Plata; Yet Several Of Them Left The City
And Joined The Remonstrants At Cuzco.
The viceroy made his entry with great pomp, in the month of May 1544, into
Lima, where no one dared to speak to him on the subject of suspending the
obnoxious regulations.
The magistrates, indeed, had already made their
respectful remonstrances and supplications, alleging substantial reasons
why they ought to be suspended, but all in vain. He engaged indeed, after
the regulations should have been carried into effect, that he would write
to his majesty, representing that it was for the interest of the crown, as
well as for the advantage of the natives of the country, that they should
be revoked; and that those who had drawn them up were certainly ignorant
of the true state of the country, or they could never have advised the
king to establish them. He acknowledged that the regulations were
prejudicial to the royal interest and the good of the country; and he
recommended that deputies should be sent to him from all parts of Peru, in
conjunction with whom he would write to the king what might be proper on
the subject; and that doubtless he would then receive orders calculated to
remedy the apprehended evils: But that he could not of his own authority
suspend the execution of the ordinances, and must continue to act as he
had already done, as his orders left him no choice but absolute obedience
to the royal instructions.
At this time three of the judges of the court of audience, Cepeda Alvarez
and Texada, arrived at Lima, leaving Ortiz, the other judge, sick at
Truxillo. The viceroy issued immediate orders for the inauguration of the
royal Court of Audience; for which purpose all the necessary preparations
were made for the solemn reception of the royal seal, as usual on the
first establishment of this high tribunal. The seal was placed in a rich
casket, carried by a horse superbly caparisoned and covered by housings of
cloth of gold, and led under a canopy of the same splendid materials, held
up by the magistrates of the city dressed in flowing robes of crimson
velvet, in the same ceremony as is used in Spain on the entry of the king
in person into any of the cities. On this occasion, Juan de Leon led the
horse, being appointed to officiate as chancellor, in the place of the
Marquis de Camarasa, president of Cazorla, who then held the seals in
Spain. After this procession, the court of audience was installed, and
proceeded immediately to business; but a subject of dispute soon arose
between the viceroy and the judges, which renewed the dissentions which
had arisen between them even before their arrival in Peru, the explanation
of which requires some detail.
When the viceroy arrived at the _Tambo_ or palace of Guavra[4], where he
waited till he was sure of being received at Lima, he found written on one
of the walls of the _tambo_ to the following effect: "Whoever may
endeavour to deprive me of my house and property, I shall endeavour to
deprive of life." He dissimulated his displeasure at these words for some
time; but being afterwards persuaded that these words had been written by
Antonio de Solar, to whom the district of Guavra belonged, and who he
believed was not well inclined towards him, because he had found the tambo
entirely deserted on his arrival, he sent for Solar a few days after his
reception at Lima. In a private conference, he spoke to Solar concerning
these words which he had seen on the walls of the tambo, and reproached
him likewise for having spoken to him personally with much insolence: Then,
ordering the gates of the palace to be shut, the viceroy sent for one of
his chaplains to confess Solar, declaring his resolution to have him
immediately hanged from one of the pillars of a gallery fronting the great
square of Lima. Solar refused to confess himself, and the dispute
continued so long that news of what was going forwards spread over the
city, on which the archbishop and some other persons of quality came to
the palace and humbly requested the viceroy to defer the execution. At
first he obstinately persisted in his intention; but at last consented to
postpone the execution till next day, and sent Solar to prison loaded with
fetters. On the morrow, the anger of the viceroy was somewhat appeased, so
that he did not renew his orders for hanging Solar, but detained him for
two months in prison and in irons, without any information or process
respecting his crime.
After the installation of the court of audience, the judges went on a
Saturday to visit the prison; and having been informed of the foregoing
circumstances by a judicial note or request presented to them on the
subject, they demanded to see Solar, whom they asked the cause of his
imprisonment; to which he answered that he knew nothing about the matter.
On examination, they found no process against Solar, and the jailor and
registrars were only able to say that the viceroy had given orders for his
imprisonment. On the ensuing Monday, the judges represented to the viceroy
that they had found no process or informations against Solar, and could
only learn as the reason of his imprisonment that it was by his orders;
and consequently, having no documents to instruct the lawfulness of his
detention, they could not in law or equity do otherwise than order him to
be set at liberty. The viceroy said that Solar had been arrested by his
orders, and that he had even been inclined to have hanged him, on account
of the writing on the wall of the tambo, and because of his personal
insolence when there was no witnesses present; believing, by his sole
authority as viceroy, that he had the power of arrest, and even of
ordering him to be hanged, without being under the necessity of giving
them any reasons for his conduct.
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